HomeMy WebLinkAboutOrdinance No. 268 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~
AN ORDINANCE AMENDING ORDINANCE NO. 123 OF THE CITY
OF THE COLONY, TEXAS, PASSED AND APPROVED BY THE
CITY COUNCIL ON OCTOBER 20, 1980, GRANTING A CABLE
T~LEVISION FRANCHISE TO TV CABLE OF THE COLONY, INC.;
BY AMENDING SECTION 2 RELATING TO DEFINITIONS;
GRANTING CONSENT TO A SALE, ASSIGNMENT OR TRANSFER
OF THE CABLE TV SYSTEM AND FRANCHISE TO COMMUNI-
CATIONS SERVICE, INC. CONDITIONED UPON FILING THE
REQUIRED INSTRUMENT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS; DECLARING AN EMER-
GENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Communications Services, Inc. has made application for
approval by the City Council of the City of The Colony, Texas, the sale,
assignment or transfer of the Cable Television Franchise granted to TV Cable of
The Colony, Inc.; and
WHEREAS, the City Council has reviewed the technical, financial and
other qualifications of Communications Services, Inc. and finds that Communi-
cations Services, Inc. possesses the necessary qualifications; and
WHEREAS, the City Council desires to consent to the sale, assignment or
transfer of the Cable Television System and the Franchise from TV Cable of The
Colony, Inc. to Communications Services, Inc., conditioned upon Communications
Services, Inc. filing with the City Secretary an instrument duly executed,
reciting the fact of the sale, assignment or transfer, and containing an
acceptance of the terms of the Franchise and agreeing to perform all the
requirements thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That all matters in the preamble 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 Ordinance No. 123 of the City of The Colony, Texas,
passed and approved on October 20, 1980, granting a Cable Television Franchise
to T.V. Cable of The Colony, Inc. is hereby amended in the following particulars
and all other existing sections, subsections, paragraphs, sentences, definitions,
phrases and words of said Ordinance No. 123 are not amended but, shah remain
intact and are hereby ratified, verified and affirmed:
A. That Subsection (2) of Section ~ is hereby amended to read as
follows:
(2) "Company" is the grantee of rights under this
Franchise, known as COMMUNICATIONS SERVICES,
INC., and its lawful successors and assigns.
Section 3. T~ Cil.y /~O-Uncil hereby consents to the sale, assignment or
transfer of the Cable Television System and the Franchise from TV Cable of the
Colony, Inc. to Communications Services, Inc., conditioned upon Communications
Services, Inc. filing with the City Secretary an instrument duly executed,
reciting the fact of the sale, assignment or transfer, and containing an
acceptance of the terms of the Franchise and agreeing to perform all the
requirements thereof.
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 the ordinance; and the
City Council hereby declares it would have passed such remaining portions of the
ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 5. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Hundred Dollars ($200.00) and a separate
offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
Section 6. 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 which
requires that this ordinance shall become effective from and after the date of
its passage and it is accordingly so ordained.
PASSED AND APPROVED this ~-~. day of ~, 1983.
May~ City of T e~Co ony, exas
ATTEST:
Cit.y ~/~c~etary, City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City ~ Th~