HomeMy WebLinkAboutOrd.1468.01-03-1994BILL NO. 93-281 ORDINANCE NO. Moe
AN ORDINANCE EXTENDING THE TERM OF FRANCHISE
ORDINANCE NO. 1274, PASSED DECEMBER 7, 1977,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
WHEREAS, the City of Cape Girardeau, Missouri, (hereinafter
referred to as "City") granted to Crest Communications, Inc. a
franchise to construct, operate and maintain a community antenna
television system within the City for a term of fifteen (15) years
to and including December 6, 1992; and
WHEREAS, said rights and privileges were subsequently assigned
to and were assumed by TCI Cablevision of Missouri, Inc., a
Missouri corporation, with the consent of the governing body on
January 4, 1988, by Ordinance No. 544; and
WHEREAS, the said rights and privileges conferred under said
Ordinance No. 1274 were scheduled to expire on December 6, 1992;
and
WHEREAS, on or about February 17, 1993, the Council of the
City of Cape Girardeau, Missouri, did adopt Ordinance No. 1312,
which ordinance extended the term of the original franchise for a
period of six (6) months to June 7, 1993; and
WHEREAS, on or about June 21, 1993, the Council of the City of
Cape Girardeau, Missouri, did adopt Ordinance No. 1359, which
ordinance extended the term of the original franchise for a period
of six (6) months to December 7, 1993; and
WHEREAS, the City and TCI Cablevision of Missouri, Inc. are
engaged in discussing and negotiations toward the adoption of an
ordinance by which TCI Cablevision of Missouri, Inc. would be
granted a new franchise, right and privilege to operate and
maintain a similar community antenna television system or cable
television system in the City of Cape Girardeau, Missouri; and
WHEREAS, the parties require additional time in which to
complete said discussions and negotiations beyond the current
expiration date, and desire to extend such existing rights and
privileges to ensure uninterrupted service to the citizens of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. That Ordinance No. 1274 dated December 7, 1977,
the City of Cape Girardeau, Missouri, and Crest Communications,
Inc., to operate and maintain a community antenna television system
in the City of Cape Girardeau, Missouri, the rights, privileges and
responsibilities of which have been subsequently assigned to and
assumed by TCI Cablevision of Missouri, a Missouri corporation, is
hereby granted and extended beyond its present term and shall
remain in full force and effect until and including June 7, 1994,
subject to applicable federal and state law.
ARTICLE 2. That all requirements and provisions of Franchise
Ordinance No. 1274, dated December 7, 1977, not amended by this
ordinance continue in full force and effect, subject to applicable
federal and state law.
ARTICLE 3. That all requirements and provisions of Franchise
Ordinance No. 1274 dated December 7, 1977, and this amending and
extending ordinance shall be subject to applicable federal, state
and local law.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval and shall apply
retroactively to December 7, 1993.
PASSED AND APPROVED THIS DAY OF
rancis E. Rhodes, Mayor
ATTEST:
A'1, 64 1lJlad
Gay] L. Conrad, Deputy City Clerk
Accepted this �J _ day of tw9sty
TCI CABLEVISION OF MISSOURI, INC.
By:
Da DeL ney
Vice President and State Manager
WITNESS: