2005-010S:\Oar Documents\Ordinanees\04\Grande Ordinance (IGA Extension)GR rev clean.DOC
ORDINANCE NO.
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, 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
S:\Our 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 cimumstance 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.
PASSED AND APPROVED this the ¢~__~_~ dayof ~f_~ ,200~.
EULINL~ROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2 of 5
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declar0s the foregoing Ordinance passed on firs~jr%ading on the ~ day of /~Z~ ,
¢~00¢; and passed on second ~reading on, he ~ day of (~/~- , r~°gg~,, and being
finally ef~l~ctive as of th~ day of (?~)g~Jf,
E}:~c~y~~ P e~an~p ,~4~{he~,~
Perry M6~"' - ~"-eill, C, ouncil Member BobYt~n-tgomUery, Cq~ciJ~l~ber
Joe I~h}oy, Council Membe~ Raymond~dm~n,-Coun~il Member
Ja~ Thomson, Council Member
The above and foregoing ordinance/read, adopted~on first reading and passFd to second reading
by the following votes, this the 70t~ day of ~~ , ~t9 .~, at a regular session
of the City Council.
Euline Brock, Mayor, voting ~
Pete Kamp, Council Member, voting ~
Perry McNeill, Council Member, voting
Bob Montgomery, Council Member, voting
Joe Mulroy, Council Member voting ~
Raymond Redmon, Council Member, vofmg
Jack Thomson, Council Member, voting ~
Page 3 of 5
S:\Our Documents\Ordinances\04\Grande Ordinance (IGA Extension)GR rev clean. DOC
The above and foregoing, prglinance read, adopted on the second reading and passed by the
following votes, this the .~ day of (?~zff~~ , c~qO~,.~,, at a regular session of the
City Council. 3'- /~
Euline Brock, Mayor, voting -- ~'~/~g~
Pete Kamp, Council Member, voting -- /~~
Perry McNeill, Council Member, voting a~g/~
Bob Montgomery, Council Member, voting ~
Joe Mukoy, Council Member voting ~
Raymond Redmon, Council Member, voting ~
Jack Thomson, Council Member, voting ~
Page 4 of 5
ACCEPTANCE
~WHEREAS, the City Council of the City of Denton, Texas did on the /7/~ day of
, o~TQ~,, 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 ~7~ day of
duly approved and subscribed by the Mayor of said City, and th(seal of said ~ity 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 c9~-~ dayof //~~
Grande Communications Networks, Inc.
ATTEST:
Pa~e 5 of 5