1993F11- EXCEL COMMUNICATIONS GROUP, INC.
ORDINANCE NO, 9 J-r- / /
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
REVOKING A FRANCHISE PREVIOUSLY GRANTED TO EXCEL
COMMUNICATIONS GROUP, INC. TO CONSTRUCT, OPERATE, AND
MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE CITY OF
SCHERTZ, TEXAS
WHEREAS, the City Council has previously determined that the citizens of the
City would benefit from the construction and operation of an additional cable television
system within the City of Schertz; and
WHEREAS, by Ordinance No. 92-F-4, effective February 18,1992 (the "Franchise
Ordinance"), the City Council granted to Excel Communications Group, Inc., a Texas
corporation (the "Grantee"), a non-exclusive cable television franchise, which, subject
to the terms of the Franchise Ordinance, authorized the Grantee to construct, operate,
and maintain a cable television system in the City of Schertz; and
WHEREAS, the Grantee has failed to comply with its obligations under the
tenns of the Franchise Ordinance; and
WHEREAS, the City Manager has attempted to provide written notice to the
Grantee of the Grantee's default under the Franchise Ordinance; and
WHEREAS, the City Council has detennined that it is in the best interests of the
citizens of the City to terminate the Franchise Ordinance in accordance with the terms
thereof and the City Charter of the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. REVOCATION OF FRANCHISE. The cable television franchise
granted by the City to Excel Communications Group, Inc. pursuant to Ordinance
No. 92-F-4 is hereby terminated in accordance with Section 23 of the Franchise
Ordinance.
SECTION 2. PUBLICATION. This Ordinance shall be published in accordance
with Section 4.09(e)(I) of the City Charter of the City.
SECTION 3. INCONSISTENT PROVISIONS. All ordinances and resolutions,
or parts thereof, which are in conflict or inconsistent with any provision of this
0066563
Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters ordained herein.
SECTION 4. GOVERNING LAW. This Ordinance shall be construed and
enforced in accordance with the laws of the State of Texas and the United States of
America.
SECTION 5. SEVERABILITY. If any provision of this Ordinance or the
application thereof to any person or circumstance shall be held to be invalid, the
remainder of this Ordinance and the application of such provision to other persons and
circumstances shall nevertheless be valid, and the City Council hereby declares that this
Ordinance would have been enacted without such invalid provision.
SECTION 6. CONSTRUCTION OF TERMS. If appropriate in the context of
this Ordinance, words of the singular number shall be considered to include the plural,
words of the plural number shall be considered to include the singular, and words of
the masculine, feminine or neuter gender shall be considered to include the other
genders.
SECTION 7. INCORPORATION OF PREAMBLE RECITALS. The recitals
contained in the preamble hereof are hereby found to be true, and such recitals are
hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the City Council of the City.
SECTION 8, PUBLIC MEETING, It is officially found, determined, and
declared that the meeting at which this Ordinance is adopted was open to the public
and public notice of the time, place, and subject matter of the public business to be
considered at such meeting, including this Ordinance, was given, all as required by
Texas Revised Civil Statutes Annotated Article 6252-17, as amended.
SECTION 9. EFFECTIVE DATE. This Ordinance shall be in force and effect
from and after its final passage, and it is so ordained.
[The remainder of this page intentionally left blank.]
_3
-2-
APPROVED on first reading the ~ day of July, 1993.
PASSED, APPROVED, AND ADOPTED the ,~} day of .:Tv l. 'f ,1993.
ATTEST:
Mayor, City of Schertz, Texas
City Secretary, City of Schertz, Texas
(SEAL OF CITY)
0066563
-3-
THE STATE OF TEXAS,
ORDINANCE NO. 93-F-ll ORlllNI\NCE NO.1l3-F.11
AN ORDINANCE BY THE AN ORDINANCE BY THE
CITY COUNCIL OF THE CfTY COUNCIL OF THE
CITY OF SCHERTZ. CITY OF SCHERTZ,
TEXAS, REVOKING A TEXAS, REVOKING A
FRANCHISE PREVI. FRANCHISE PREVI-
PUBLISHER'S AFFIDJoUSLY GRANTED TO EX., OUSLY GRANTED TO EX-
CEL COMMUNICATIONS CEL COMMUNICATIONS
GROUP, INC. TO CON. GROUP, INC. TO CON-
STRUCT. OPERATE, AND STRUCT, OPERATE. AND
MAINTAIN A CABLE MAINTAIN A CABLE
TELEVISION SYSTEM TELEVISION SYSTEM
WITHIN THE CITY OF WITHIN THE CITY OF
SCHERTZ, TEXAS. SCHERTZ, TEXAS.
Passed, approved and Passed, approved and
adopted the 20th day of adopted lhe 20th day 01
July. 1993. July, 1993,
June G. Krause, June G. Knue,
City Secretary CIly Sacretary
Before me, the undersigned authority, on this date personally
appeare;;?OI 8Ji:; A J ~<y
I
County of Guadalupe
known to me, who, being by me
duly sworn, on his oath deposes and says that he is the publisher of
The Seguin Gazette-Enterprise, a newspaper published in said county;
that a copy of the within and foregoing A If Gz. was published in
said newspaper .;)..; times before the return day named therein,
publications being,on the foWing dates:
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and a newapaper copy ofwhi<h;s h~;rto atta<hed.
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Sworn to and subscribed before me, this ~ day o~ AD., 19 '1 5
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RECEIVED JUL 0 2 1993 I
FULBRIGHT & JAWORSKI
L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
HOUSTON
WASHINGTON, D.C.
AUSTI N
SAN ANTONIO
DALL.AS
NEW YORK
LOS ANGELES
LONDON
ZURICH
HONG KONG
300 CONVENT STREET, SUITE 2200
SAN ANTONIO. TEXAS 78205
TELEPHONE: 210/224-5575
FACSIMILE: 210/224-8336
WRITER'S DIRECT DIAL NUMBER:
210/270-7184
July 1, 1993
Re: Termination of Excel Communications Franchise
Mr. Kerry R. Sweatt
City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Dear Kerry:
I enclose a draft ordinance terminating the franchise granted in 1992 to Excel
Communications Group, Inc.
MLS/mjw
Enclosure
0066633