HomeMy WebLinkAboutOrdinance No. 312 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, CONSENTING TO THE SALE OF THE VOTING
STOCK OF COMMUNICATIONS SERVICES, INC., GRANTEE OF
THE CABLE TELEVISION FRANCHISE PURSUANT TO ORDIN-
ANCE NO. 123 PASSED AND APPROVED BY THE CITY COUNCIL
ON OCTOBER 20, 1980; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on October 20, 1980, the City Council of the City of The
Colony, Texas, adopted Ordinance No. 123, as amended, granting a cable
television franchise to TV Cable of The Colony, Inc; and
WHEREAS, on December 5, 1983, the City Council of the City of The
Colony, Texas, by Ordinance No. 268 approved the sale and assignment of the
said cable television franchise from TV Cable of The Colony to
Communications Services, Inc.; and
WHEREAS, Tandem Communications Inc., the sole shareholder of
Communications Services, Inc. desires to sell and transfer 100% of the voting
stock to CSI Associates Inc., in accordance with the letter submitted to the City
and attached hereto as Exhibit "A", and which is incorporated herein; and
WHEREAS, the City Council has reviewed the qualifications of CSI
Associates Inc. and finds that CSI Associates possesses the necessary qualific-
ations; and
WHEREAS, Communications Services, Inc. has confirmed that there shall
be no sale, transfer, or assignment, in whole or in part, of the franchise or of
any of the property or assets of Communications Services, Inc.; and
WHEREAS, the City Council has expressed its desire to consent to the
said sale and transfer of the voting stock of Communications Services, Inc. by
the passage of Resolution No. 84-21 on November 19, 1984, which expression of
intent the City Council desires to put in ordinance form.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all of the above premises are found to be true and
correct and are incorporated into the body of this Ordinance as if copied in their
entirety.
Section 2. That, in accordance with Section 7(c) of the cable television
Ordinance No. 123, as amended, that the City Council of the City of The
Colony, Texas, hereby consents to the transfer of 180% of the voting stock of
Communications Services Inc., from Tandem Communications Inc., to CSl
Associates Inc.
Section 3. That CSI Associates Inc., the proposed sole shareholder of
Communications Services, Inc., the Grantee under the cable television franchise
ordinance Ordinance No. 123, as amended, of the City of The Colony, Texas,
hereby agrees and covenants that Communications Services, Inc. shall perform
all the obligations under said franchise and accepts all terms and conditions
stated therein.
Section 4. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance or application thereto any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction such holding
shall not affect the validity of the remaining portions of this Ordinance; and the
City Council hereby declares it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
Section 5. That the fact that the present ordinances and regulations of
the City of The Colony, Texas are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the City of The
Colony, Texas, creates an emergency for the immediate preservation of public
business, property, health, safety and general welfare of the public and that this
Ordinance shall become effective from and after its passage.
PASSED AND APPROVED this _~C~-day of '~ ¢~.~, 1984.
ATTEST:
~/~r~tary
[SE.~L]
APPROVED AS TO FORM:
City Attorney /~
November 19, ~984
The Mayor and City Council
City of The Colony
5576 North Colony
The Colony, Texas 75056
Dear Mayor and City Council:
CSI Associates, Inc., sole shareholder of Communications
Services Inc., holder of Franchise No. 123 states and affirms
that it has read Ordinance No. 123 and by this letter accepts
all the terms and conditions as set forth in Ordinance No. 123
adopted October 20, 1980, by the.City Council of the city of
The Colony, Texas.
Sincerely,
Richard L. Thiessen
Vice President
cc: E. L. Musser
Regional Manager