HomeMy WebLinkAboutOrd.1553.06-20-1994 /� � .;
BILL NO. 94-126 ORDINANCE NO. /'i:���
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, on or about January 3, 1994 , the Council of the City
of Cape Girardeau, Missouri, did adopt Ordinance No. 1468, which
ordinance extended the term of the original franchise for a period
of six (6) months to June 7, 1994 ; 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 July 22 , 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 June 7, 1994 .
PASSED AND APPROVED THIS '������6� DAY OF ,�� � , 19 ��
A. M. radling, I , Mayor
ATTEST:
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Gayle'� L. Conrad, Deputy City Clerk
Acce ted this � "' day of �L� , 199 �
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TCI CABLEVISION OF MISSOURI, INC.
By:
D De ney
Vice President and State Manager
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WITNE S S: : �` ' r ..!.------._,
JIM KO ���
STATE 1�tT SD�SS MAI�?AGER
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SM,�� TCI Cablevision of Missouri, Inc.
May 23 , 1994
City Council
City of Cape Girardeau , Missouri
401 Independence �
P.O. Box 617
Cape Girardeau , MO 63702-0617 ,
RE : Franchise Renewal Extension
Dear Gentlemen:
As you know, on or about December 8, 1989 , we asked that
your community commence proceedings in order to renew our current
franchise agreement for delivery of cable service which was set
to expire on December 7 , 1992 . Although discussion about renewal
has proceeded in good faith during this process , the expiration
date of the extension is approaching and we have not yet reached
an effective renewal of our franchise agreement .
Accordingly , we hereby make application for the existing
franchise agreement to be extended for a period of 45 days , from
June 7 , 1994 to allow sufficient time to complete our renewal
discussions . This will allow TCI Cablevision of Missouri , Inc . to
continue and to provide cable service for the City of Cape
Girardeau , Missouri until a renewal agreement is reached .
Although we are optimistic that we will reach a mutually
satisfactory renewa7 agreement , we continue to preserve our
renewal rights provided under the Cable Act of 1984, as amended .
Further, we agree that neither TCI Cablevision of Missouri , Inc .
nor the City of Cape Girardeau , Missouri waives any right or
claim provided for with respect to the renewal proceedings by
consenting to an extension of the existing franchise. In order to
document both parties" agreement to an extension of the current
franchise , please sign and date a copy of this letter and return
to me prior to June 7 , 1994.
334 Chnstine
Cape Girardeau,MO 63701-5829
(314)335-4225
Fax(314)335-0571
An Equal Opportunity Empioyer
� J •
We look forward to a successful conclusion of our renewal
discussions and to provide quality cable television service for
the City of Cape Girardeau , Missouri for many years to- come.
er tr 'y yours ,
�. �� �.-�, L�.�Z,��
g r Harms
General Manager
TCI Cablevision of Missouri , Inc.
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cc : Ronald Fischer
Warren Wells
Dan Delaney
Mike Woods
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