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Ord 108-2003 11/18/2003ORDINANCE NO. L QS -DOOM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE COMPREHENSIVE CABLE FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE PARTNERSHIP, AS ESTABLISHED BY ORDINANCE NO. 88 -95, TO PROVIDE A FIVE -YEAR EXTENSION OF THE AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, The City of Wichita Falls (the "City ") has granted to Time Warner Entertainment - Advance /Newhouse Partnership ( "TWEAN ") the non - exclusive right, privilege and franchise to lay and use lines, wires, coaxial cable and appurtenances for transmitting, distributing and supplying radio and cable television service along, across and upon public streets, ways, alleys and places within certain areas of the City; and, WHEREAS, the Comprehensive Regulatory Franchise (the "Franchise ") commenced on October 5, 1995 and is set to expire on October 5, 2005; and, WHEREAS, pursuant to Section 109 of the Franchise, TWEAN is entitled to a five (5) year extension of the original ten (10) year agreement provided they meet certain criteria; and, WHEREAS, Section 109 requires that TWEAN has (a) complied with the material terms and conditions of the Franchise over the term prior to action by Council; and (b) TWEAN and the City mutually agree upon any state of the art upgrades pursuant to Section 89(A)(2) and additional levels of funding for the governmental access channel not to exceed twice the level of funding specified in Section 121(8) of the Franchise; and, WHEREAS, TWEAN upgraded its plant to 750 MHz in December, 1996 and now offers 197 video and 45 music channels and high speed modem service; and, WHEREAS, the parties desire to extend the term of the Franchise for additional five (5) years; and, WHEREAS, City and TWEAN desire to amend the terms of the Comprehensive Regulatory Franchise as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. In compliance with Section 109(2) of Ordinance 88 -95, the Comprehensive Regulatory Ordinance, TW shall provide Government Access Funding totaling $185,000, to be made in payments of $25,000 each in 2003 and 2004; $26,000 in 2005; $27,000 each in 2006, 2007 and 2008; and $28,000 in 2009 SECTION 2. Section 33, subsection B of Ordinance 88 -95, the Comprehensive Regulatory Ordinance, is amended to read as follows: "B. In addition to the requirements noted in Subsection (A) of this Section, TW shall timely submit those reports, statements, and logs required by this Franchise, including, but not limited to, the following: (1) a periodic gross revenue statement in the manner set forth in this Franchise; (2) upon request, a periodic certification that answering of phones is meeting the specifications listed in this Franchise; (3) upon request, preventive maintenance reports including actual test results and listing of maintenance performed and the respective dates; and, (4) upon request, any other reports or information relative to performance of franchise obligations." SECTION 3. Section 34, subsection E of Ordinance 88 -95, the Comprehensive Regulatory Ordinance, is amended to read as follows: "E. TW shall keep complete and accurate books and records of the key aspects of the multi - channel system's operation for at least the preceding two (2) years in such a manner that all matters pertaining to the franchise performance of franchise obligations in the City can be easily produced and /or verified at the City's request. Also, TW shall make available and produce upon request, any other application records and information that may be required by any other Federal or State agency having jurisdiction over TW, with respect to the Wichita Falls MCS system." SECTION 4. Section 111, subsection I of Ordinance 88 -95, the Comprehensive Regulatory Ordinance, is amended to read as follows: "I. All annual reports due and pertaining to the payment of franchise fees will be certified by an officer of TW, and such provider shall maintain records used in the preparation of said report, to be produced in their originality and totality upon request or demand by the council /franchising authority for at least a three (3) year period." SECTION 5. Pursuant to Section 109 of the Franchise, the new expiration date shall be October 5, 2010. SECTION 6. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 18th day of November, 2003. i /, ,:..� _ �� MOMA"� offy ATTEST: (h (kJ�-,j City Clerk