2005-156
s:\o", Documents\Cable\Ocdinanccs.Resolut;ons\OS\Cha"ec Fmnch;se E>tcns;on O,d;nan" (May 200S),DOC
ORDINANCE NO. cJ (}{}!J~/D (¡J
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, LLc.,
DBA CHARTER COMMUNICATIONS AND THE CITY, PROVIDING FOR ACCEPTANCE
OF THE EXTENSION BY MARCUS CABLE ASSOCIATES, LLc., DBA CHARTER
COMMUNICATIONS, PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR A
SA VINGS 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, LP. 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, LP.
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, LLc., 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 dcnies franchise renewal,
consistent with the provisions of Section 626 of the Cable Communications Policy Act of 1984,
as amended [47 V.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, LLC. 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.e. § 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.e. § 5461,
whichever occurs first.
e.
This ordinance hereby amends Ordinance No. 99-094, an amendment to
Ordinance No. 95-191 and all other amending ordinances thereto; in thc
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 ~ day of g()){L , 2005.
A TIEST f fi!:¡Jr/!fV
JENNIFER W AL TERS, CITY SECRETARY
BY r'\t~ h. 1;
APPRO D AS :\ LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
~:;>/::../
~ c7o-
The above and foregoing ordinat;,ltÆad, adoPte~ first reading and passed to second reading
by the following votes, this th~ day of Ilt ' ;<005, at a regular session
of the City Council.
Euline Brock, Mayor, voting a y ¿
Pete Kamp, Council Member, voting i!Jj-t-
Perry McNeill, Council Member, voting ~
Bob Montgomery, Council Member, voting ~
Joe Mulroy, Council Member voting ~
Raymond Redmon, Council Member, voting ~
Jack Thomson, Council Member, voting.1JJj-.L:
The above and fOregOin9¡f/finance read, adopted on the s;cond reading and passed by the
following votes, this the day of yUfi f / ~OO.s-, at a regular session of the
City Council.
Euline Brock, Mayor, voting abseil -t
Pete Kamp, Council Member, voting ~
Perry McNeill, Council Member, voting f2Aj-£.
Bob Montgomery, Council Member, voting aJj..£
Joe Mulroy, Council Member voting ~
Raymond Redmon, Council Member, voting ~
Jack Thomson, Council Member, voting~
ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the ~ day of
Sut'ie... ,2005 enact an Ordinance entitled: I
ORDINANCE NO. [:005 - \'J~
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 Otdinance was on the (~ day of -")t':>fle..- , 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., db. 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-~ dayof 1>t:zc
,2005.
,
Marcus Cable Associates, L.LC
dba Charter Communications
BY;..,~~~_
Nanie: -W c.-e:.A m. p
Title: ----.V (J I V7 /1A
,
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ATTEST:
By: rf::;./27iJ
Name: ~'iV AI.Lfc})
Title: DiefcJ"of( ~VHf'/HO.jr '&t{flvlJj