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HomeMy WebLinkAboutO-1988-1175-A Prime Cable of Fort Bend . . ORDINANCE NO. 1175-A AN ORDINANCE GRANTING THE PRIOR CONSENT OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TO THE ASSIGNMENT BY KIP-LEE CATV, INC., DBA LA PORTE CABLE TELEVISION, A TEXAS CORPORATION, OF ITS FRANCHISE AGREEMENT WITH THE CITY OF LA PORTE, AS EXPRESSED IN CITY OF LA PORTE ORDINANCE NO. 1175, PASSED AND APPROVED ON FIRST READING ON NOVEMBER 28, 1979, AND ON FINAL READING ON JANUARY 9, 1980i ' APPROVING THE ASSIGNMENT OF SUCH FRANCHISE TO PRIME CABLE OF FORT BEND, L.P., A LIMITED PARTNERSHIP WHICH IS AN AFFILIATE OF PRIME CABLEi REQUIRING THE ASSIGNEE TO EXECUTE AND FILE WITH THE CITY SECRETARY OF THE CITY OF LA PORTE ITS ACCEPTANCE OF THE TERMS OF ORDINANCE NO. 1175, AND AGREEING TO COMPLY WITH ALL THE PROVISIONS THEREOFi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereto- fore, by Ordinance No. 1175, finally passed and approved on January 9, 1980, reference to which is here made for all purposes, granted to Kip-Lee CATV, Inc., dba La Porte Cable Television, a Texas corporation, its successors and assigns, the right, privilege, and franchise for a term of fifteen (15) years from the date thereof, to erect, maintain, and operate a community antenna television system in the City of La Porte, Texas, and providing the terms and provisions of such franchise agreement. Section 2. Kip-Lee CATV, Inc., which is an indirect subsidi- ary of Harte-Hanks Communications, Inc., a Delaware corporation, has notified the City of La porte of its proposed sale of its assets to Prime Cable of Fort Bend, L.P., a limited partnership, and has requested approval by the City Council of the City of La Porte, of the assignment of the franchise contained in City of La Porte Ordinance No. 1175, to Prime Cable of Fort Bend, L.P., a limited partnership. Section 3. The City Council of the City of La Porte hereby approves the purchase of the assets of Kip-Lee CATV, Inc., by Prime Cable of Fort Bend, L.P. This ordinance shall constitute formal approval by the City Council of the City of La Porte, under Section 30, "Assignment of Franchise", of said Ordinance No. 1175. Section 4. The City of La Porte hereby releases Harte-Hanks Communications, Inc., from its guarantee relating to the performance of Kip-Lee CATV, Inc., under Ordinance No. 1175. . . ORDINANCE NO. 1175-A, Page 2 Section 5. The City of La Porte hereby acknowledges and consents to the grant of a security interest in such assets by Prime Cable of Fort Bend, L.P.1 provided however, that any assignment of the franchise caused by the exercise of rights granted pursuant to such security interest, shall be in compliance with Section 30 of Ordinance No. 1175. Section 6. This assignment shall be effective at such time as Prime Cable of Fort Bend, L.P., shall file with the City Secretary of the City of La Porte, a written statement in the following form signed in its name and in its behalf: -To the Honorable Mayor and City Council of the City of La Porte, Texas: nFor itself, its successors and assigns, Prime Cable of Fort Bend, L.P., a Delaware limited partnership, hereby accepts the attached ordinance, and also City of La Porte Ordinance No. 1175, and agrees to be bound by all of the terms, conditions, and provisions, of Ordinance No. 1175, and Ordinance 1175-A. PRIME CABLE OF FORT BEND, L.P., a Delaware limited partnership By: General Partner "Dated this the day of , 1988.- Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated1 and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be in full force and effect from and after its final passage and approval, which final passage shall take place on second reading March 14, 1988. . . ORDINANCE NO. 1175-A, Page 3 PASSED first reading the 8th day of February, 1988. PASSED second reading the 14th day of March, 1988. ATT~~ Cherie Black, City Secretary APPROVED, _ I ~ e~ CA.J . Knox W. Askins, City Attorney "To the Honorable Mayor and City Council of the City of La Porte, Texas: "For itself, its successors and assigns, Prime Cable of Fort Bend, L.P., a Delaware limited partnership, hereby accepts the attached ordinance, and also City of La Porte Ordinance No. 1175, and agrees to be bound by all of the terms, conditions, and provisions, of Ordinance No. 1175, and Ordinance 1175-A. PRIME CABLE OF FORT BEND, L.P., a Delaware limited partnership By: General Partner "Dated this the ____ day of , 1988."