94-10 O - Cable TV Franchise Transfer – Galaxy Cablevision, LP to Friendship Cable of Texas •
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ORDINANCE 94- 1 o011
AN ORDINANCE PROVIDING FOR AND APPROVING THE TRANSFER OF CO
COTHE CABLE TELEVISION FRANCHISE IN THE CITY OF PROSPER (THE
"CITY") GRANTED PURSUANT TO ORDINANCE NO. 81-8, DATED
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SEPTEMBER 8, 1981, (THE "FRANCHISE ORDINANCE"); AMENDING
THE FRANCHISE ORDINANCE IN CERTAIN RESPECTS; PROVIDING FOR
PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERABILITY; AND .
PROVIDING THE EFFECTIVE DATE.
WHEREAS, by the Franchise Ordinance, the City has granted to Galaxy
Cablevision, L.P., as assignee of Star CATV Investment Corp., the right, among
other things, to operate a cable television facility within the municipal boundaries of
the City;
WHEREAS, Galaxy Cablevision, L.P. has requested that the City approve the
proposed transfer by Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc., a
Texas corporation, of the Franchise Ordinance; and the City is willing to consent to
such transfer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY:
Section 1 . Transfer of Franchise Ordinance. Pursuant to Section 14 of the
Franchise Ordinance, consent and approval by the City of the transfer of the
Franchise Ordinance from Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc.
is hereby granted. The Mayor of the City and any person designated by the Mayor
are hereby authorized to execute all instruments, documents and agreements in the
name of and on behalf of the City which are necessary or desirable in connection
with the sale from Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc. of the
cable television facilities serving the City, including, without limitation, the Consent
to Assignment attached hereto as Annex 1 .
Section 2. Ordinance Affirmed. All terms and provisions of the Franchise
Ordinance shall continue in full force and effect, except: (a) the term of the franchise
which shall be extended for an additional five (5) years, resulting in a termination
date of such franchise of September 8, 2001; and (b) the franchise fee payable to
the City shall be five percent (5%) of the franchisee's gross subscription receipts,
less state sales tax, federal excise tax and copyright, received by the franchisee from
all its connections to the cable television service and electronic distribution system
in the City.
Section 3. Effective Date. This Ordinance shall be effective upon the closing
of the sale from Galaxy Cablevision, L.P. to Friendship Cable of Texas, Inc. of the
cable television facilities servicing the City.
Section 4. Inconsistency. In the event any of the terms and provisions of
any other ordinance or regulation of the City are inconsistent with the terms and
provisions of this Ordinance, the terms and provisions of this Ordinance shall govern
and control.
Section 5. Publication. The City Secretary is hereby directed to publish the
caption of this Ordinance at least once in an official newspaper in the City, as
authorized by the Statutes.
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Approved on this the i 2 th day of JULY i 1994.
City of Prosper Texas
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MAYORTit‘L
ATTEST:
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Cit Secr,*arey
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PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS •
COUNTY OF COLLIN,
On thlsday personally appea ed/'eore he undersigned authority
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one of the publisher's o HE DAILY COURIER-GAZETTE published at McKin-
ney, Texas,who on oath says that the notice hereto annexed was published In
said newspaper
on the aa - day of.? 19 •
on the day of 1921_/^1
Publisher
Sworn to aridsubscribed.before me this a9 ..day of. 19g .
Notary Public . II n Coun�xas
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RETURN TO : CITY .OF PROSPER
P . O . BOX 307
PROSPER, TEXAS , 75078
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ANYR RNL WHICH
THE LE. PID
Utswf EUS FE CW COLOR ACES USE
fe STATE OF TEXAS) COUNTY OF COLUIQ
on the hereby certify Ihatehls Instrument was FILED In Inc File Number Sequence
on the date and Officlai Public time of R WlPrope ty offCCdHn County Teas on
SEP 12 1994
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COUNTY CLERK,GOWN COUNTY,TEXAS ***,
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1994/09/12
At 2:02P
Numbers 94- 0063966
Type s OR 13.00
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