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Home My WebLink About2005-156J:AOur DocumentsVCableAOrdinances-ResolutionsV05VCharter Franchise Extension Ordinance (May 2005).DOC ORDINANCE NO. os DO] -L,5 0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2003-239 AND ORDINANCE NO. 99-094, WHICH GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, (the "City") is empowered under §51.001 of the Texas Local Government Code to adopt an ordinance or rule that is for the good government of the City; and WHEREAS, the City of Denton granted a cable television franchise to Sammons Communications, Inc. ("Sammons") pursuant to Ordinance No. 88-189 passed by City Council on November 15, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton; and WHEREAS, the City's Ordinance No. 95-191 consented to the transfer and assignment of the Franchise and the cable television system in the City from Sammons to Marcus Cable Associates, L.P. subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95-191 and the Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise"); and WHEREAS, the City's Ordinance No. 99-094 consented to the transfer and assignment of the Franchise and the cable television system in the City from Marcus Cable Associates, L.P. to Charter Communications subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement dated March 23, 1999; and WHEREAS, on March 23, 1999, the City adopted Ordinance No. 99-094 granting a cable television franchise within the City with an expiration date of December 15, 2003; and WHEREAS, on August 5, 2003, the City adopted Ordinance No. 2003-239 extending the terms of the current franchise agreement as provided for and in accordance with all applicable law, until the earlier of either June 15, 2005, or the date upon which the City grants or denies franchise renewal: and WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus Cable Associates, L.L.C., dba Charter Communications, to extend the terms of the current franchise agreement, as provided for and in accordance with all applicable law, until the earlier of either December 31, 2010, or the date upon which the City grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Incorporation of Preamble. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. Amendment Extending Agreement Term. A. Marcus Cable Associates, L.L.C. dba Charter Communications ("Charter") currently has an existing cable franchise ("Franchise") with the City of Denton, Texas, under Ordinance No. 99-094, which was passed and approved by the City Council on March 23, 1999 and extended by Ordinance No. 2003-239. Pursuant to such Ordinances, this Franchise is due to expire on June 15, 2005; however, the City and Charter hereby mutually agree to be bound by the terms of this franchise either until December 31, 2010, or until such time as the City shall formally grant or deny franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 546], whichever occurs first. B. Accordingly the City and Charter agree to extend the terms of the Franchise until the earlier of either December 31, 2010, or the date upon which the city grants or denies franchise renewal, consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended [47 U.S.C. § 5461, whichever occurs first. C. This ordinance hereby amends Ordinance No. 99-094, an amendment to Ordinance No. 95-191 and all other amending ordinances thereto; in the particulars stated in Section hereof, and all other sections, subsections, paragraphs, sentences, phrases and words of such Ordinances are not amended by are hereby ratified and affirmed. SECTION 3. By its signature below, Charter, the Grantee, hereby agrees that consideration, the receipt and sufficiency of which is hereby acknowledged, has been provided for by the changes made herein, and agrees to be bound by and comply with such changes. Charter further represents and agrees that the person signing below on behalf of Charter is the properly authorized official of that corporation and has the necessary authority to execute this document and further certifies to the City that any necessary resolution or other act extending such authority has been duly passed and is now in full force and effect. SECTION 4. This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 5. All rights and remedies of the City of Denton, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting cable franchises which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to 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 7. The City Secretary of the City of Denton is hereby directed to engross and enroll this Ordinance by copying the exact caption and effective date in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. SECTION 8. In accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one days after final approval. The full text of this ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, the entire expense of which shall be borne by Charter. The City Secretary is hereby directed to publish the full text of this ordinance in such official newspaper of the City once each week for two consecutive weeks immediately following the passage of this ordinance on second reading. PASSED AND APPROVED this the / h day of , 2005. EUL BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D AS LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: The City of Denton, Texas, acting herein by its duly con �ti}uted authorities, hereby declares the foregoing Ordinance passed on first reading on the �T"/Cday of /L , DOS and passed on second reading on the . day of :-Z/ �; and being finally effective as of the. E/Iday of ,19 1/.— e _a / /s/ Eu /s/ Pe /s/ JX /s/ Thomson, Council Member /s/ Bob Igomery, Cq}r�c e� VGii Raymond kedmon, Council Member The above and foregoing ordinance, rwaid, adopted n first reading and passed to second reading by the following votes, this the day of A a05 at a regular session of the City Council. Euline Brock, Mayor, voting 4-2 Pete Kamp, Council Member, voting dVe Perry McNeill, Council Member, voting Bob Montgomery, Council Member, voting ve Joe Mulroy, Council Member voting -a# / Raymond Redmon, Council Member, voting Y` Jack Thomson, Council Member, voting �` The above and foregoing ordinance read, adopted on the second reading and passed by the following votes, this the day of SODS at a regular session of the City Council. Euline Brock, Mayor, voting CLh-wl ZL Pete Kamp, Council Member, voting J Vt Perry McNeill, Council Member, voting azve. Bob Montgomery, Council Member, votinge Joe Mulroy, Council Member voting 42 Raymond Redmon, Council Member, voting Jack Thomson, Council Member, voting /i V IO ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the oil day of 7O112-- 2005 enact an Ordinance entitled: ORDINANCE NO. Z005 456 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2003- 239 AND ORDINANCE NO. 99-094, WHICH GRANTED A CABLE TELEVISION FRANCHISE WITHIN THE CITY; PROVIDING FOR AN EXTENSION TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, L.L.C., DBA CHARTER COMMUNICATIONS, PROVIDING .A CUMULATIVE CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the -7N' day of 2005 duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the City Secretary; NOW, THEREFORE, Marcus Cable Associates, L.L.C., dba Charter Communications, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Marcus Cable Associates, L.L.C., dba Charter Communications, and of the City, without waiver of any other remedy by Marcus Cable Associates, L.L.C., dba Charter Communications, does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the 2'L day of_T>I�L_ 2005. Marcus Cable Associates, L.L.C_ dba Charter Communications By:4��! Name-. —AYYI. Title: ATTEST: BY: Name: 6C-0jrj �c1Eti' Title: �IEFCiOR �Vi,f.NHE,ti(C{il�Nj