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Home My WebLink About2005-010SAOur Documents\Ordinances\04\Grande Ordinance (IGA Eztension)GR rev clean.DOC ORDINANCE NO. a0 -O/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE INTERIM GRANT OF AUTHORITY OF GRANDE COMMUNICATIONS NETWORKS, INC., FORMERLY DENTON TELECOM PARTNERS I, L.P. DB/A ADVANTEX COMMUNICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 2003, the City of Denton and Denton Telecom Partners I, L.P. d/b/a Advantex Communications entered into an Interim Grant of Authority for Advantex to continue to preserve the asset as ordered by the Bankruptcy Court and provide cable service to the Robson Ranch subdivision either until October 29, 2004 or until such time as the City shall formally grant or deny a cable franchise consistent with the provisions of the Cable Communications Policy Act of 1984, as amended, whichever occurs first; and WHEREAS, on November 24, 2003, the City of Denton received notice that Denton Telecom Partners I, L.P. d/b/a Advantex Communications had been purchased by Grande Communications, and they agreed to assume all rights, authority and obligations under the Interim Grant of Authority; and WHEREAS, the City and Grande Communications Networks, Inc. desire to initiate a one-year extension to the Interim Grant of Authority between the City of Denton and Grande Communications, which will begin October 30, 2004 and ending October 29, 2005 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. Accordingly, the City and Grande Communications Networks, Inc. agree to extend the terms of the Interim Grant of Authority between the City of Denton and Grande Communications Networks, Inc. to October 29, 2005 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. The extension of time, as agreed to by the parties, shall not operate to materially modify, revoke or terminate any rights previously granted in the original franchise contract. SECTION 3. By its signature below, Grande Communications Networks, Inc., 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. Grande Communications Networks, Inc. further represents and agrees that the person signing below on behalf of Grande Communications Networks, Inc. is the properly authorized official of that corporation and has the necessary authority to execute this SAOur Documents\Ordinances\04\Grande Ordinance (IGA Extension)GR rev clean.DOC 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 Grande Communications. 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. Lk PASSED AND APPROVED this the 4 day of 2005 y YMAI EULINMROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: C Page 2 of 5 SAOur Documents\Ordinances\04\Grande Ordinance (IGA Extension)GR rev clean.DOC APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: The City of Denton, Texas, acting herein by declar s the foregoing Ordinance passed on first reading 00 ; and passed on second reading on a da finally of ctive as of th . day of /s/ /s/ Euline Broclf�M_ W,� ,r„ P p, /s/ 1'�� /(y �/%� /s/ Perry eill, Council Member Bob ntg' /s//s/ Joe u oy, Council Membe Raymond /s/ '� ss7a�$e'r✓ J Thomson, Council Member its duly,c,o'4�}stituted an orities, hereby on the I/ It day of �2/iZ�/i� , y of and being Member The above and foregoing ordinance read, adopted/ton first reading and pas d to second reading by the following votes, this the ` Z day of ot/1_ pP��Pif) �, at a regular session of the City Council. Euline Brock, Mayor, voting Pete Kamp, Council Member, voting Perry McNeill, Council Member, voting 0,11t Bob Montgomery, Council Member, voting Joe Mulroy, Council Member voting U Raymond Redmon, Council Member, voting Jack Thomson, Council Member, voting JAA2 Page 3 of 5 SAOur Documents\Ordinances\04\Grande Ordinance (IGA Eztension)GR rev clean.DOC The above and foregoing�,p�r mance read, adopted on the second reading and passed by the following votes, this the muv day of LO—' at a regular session of the City Council. Euline Brock, Mayor, voting "t' Pete Kamp, Council Member, voting — 04wwtt Perry McNeill, Council Member, voting Q, jL Bob Montgomery, Council Member, voting qL Joe Mulroy, Council Member voting 0 Raymond Redmon, Council Member, voting Jack Thomson, Council Member, voting Page 4 of 5 C[Dnuon •nis and tiettines\I_nnS�l. ncul Scttim tC�enyuxarr In to nu HIus`Ot K94 Grande Ordin:tncip 1 I. steneionjGR reN clznn DOCA1.00 I};ettirws.FantyrxaN-In ` i,�r:.errsian}i)(af= ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the 4 day of A00,5, enact an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A ONE-YEAR EXTENSION TO THE INTERIM GRANT OF AUTHORITY OF GRANDE COMMUNICATIONS NETWORKS, INC., FORMERLY DENTON TELECOM PARTNERS I, L.P. D/B/A ADVANTEX COMMUNICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the dih day of aODJ duly approved and subscribed by the Mayor of said City, and th seal of said Vity was thereto affixed and attested to by the City Secretary; NOW, THEREFORE, Grande Communications Networks, Inc., hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Advantex, and of the City, without waiver of any other remedy by Grande Communications Networks, Inc., does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the J� day of , &O0 61 Grande Communications Networks, Inc. ATTEST: Paee 5 of 5