2003-239FILE REFERENCE FORM 2003-239
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
Amended by Ordinance No. 2005-156 1 06/07/05 1 JR
SAOur Documents\0rdin=ces\03\Fmnchise Extmsion.DOC
ORDINANCE NO. o~OD3-~39
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE
AUTHORIZED BY ORDINANCE 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.
AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS
CABLE ASSOCIATES, L.L.C., 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.
WHEREAS, it is the desire of the City of Denton and is mutually agreeable to Marcus
Cable Associates, L.L.C., d/b/a 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 June 15, 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. Amendment Extending Agreement Term.
A. Marcus Cable Associates, L.L.C. d/b/a 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. Pursuant to such Ordinances, this Franchise is due to
expire on December 15, 2003; however, the City and Charter hereby mutually
agree to be bound by the terms of this franchise either until June 15, 2005, 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. The extension of
time, as agreed to by both parties, shall not operate to materially modify, revoke
or terminate any rights previously granted in the original franchise contract.
B. Accordingly the City and Charter agree to extend the terms of the Franchise until
the earlier of either June 15, 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.
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
Page 2
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 bome 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 A day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B 7
OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 3
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on the 5`z day of
2003; and passed on seco~nd~~yeading on the ay of 003~g
finally effective as of the u ~h day of 12
0
lsl A c , l
Eulme ock, Ma~yor/ Mar o &Mea&
lsl ! AIOr ~ /s/ k" c 190
/s/ '1 /s/
Bob o gom , Coi it Memb r Raymond
/s/ I Ie ~ ~t✓
JaU Thomson, Council Member
The above and foregoing ordinance ead, adopted on first reading and passed to second reading
by the following votes, this the day of 2003, at a regular session of
the City Council.
Euline Brock, Mayor, voting
Mark Bourroughs, Council Member, voting
Pete Kamp, Council Member, voting
Perry McNeill, Council Member, voting
Bob Montgomery, Council Member voting 4L
Raymond Redmon, Council Member, voting IIYL
Jack Thomson, Council Member, voting Ql -
The above and foregoing ordinance read, adopted on the second reading and passed by the
following votes, this the ~ day of 2003, at a regular session of the
City Council.
Euline Brock, Mayor, voting A
Mark Bourroughs, Council Member, voting Qei t-
Pete Kamp, Council Member, voting Oi1P,~`~
Perry McNeill, Council Member, voting J
Bob Montgomery, Council Member voting
Page 4
Raymond Redmon, Council Member, voting
Jack Thomson, Council Member, voting
Page 5
I'D"
ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the day of
2003, enact an Ordinance entitled:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
99-094, ADOPTING ADDITIONAL PROVISIONS RELATED TO THE CABLE FRANCHISE
AUTHORIZED BY ORDINANCE 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.
AND THE CITY, PROVIDING FOR ACCEPTANCE OF THE EXTENSION BY MARCUS
CABLE ASSOCIATES, L.L.C., 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 day of 2003, duly
approved and subscribed by the Mayor of said City, and the seal of saiA City was thereto affixed
and attested to by the City Secretary;
NOW, THEREFORE, Charter, hereby in all respects ACCEPTS, APPROVES AND
AGREES TO said Ordinance, and the same shall constitute and be a binding contractual
obligation of Charter, and of the City, without waiver of any other remedy by Charter, does
hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in
her office.
DATED this the. I day of ~2R~ty 2003.
Marcus Cable Associates, L.L.C. d/b/a
Charter Communications
By: Y
Lee ayton
ATTEST: SR. VP Operations
Midwest Division
Page 6
STATE OF MISSOURI
COUNTY OF
Before me, SLt,5A4-P-) Z ~ A,2 , on this day personally appeared
I_2,2 C. k Av c n , known to me to be the person whose name is subscribed
to the foregoing instrument and an authorized representative of Charter Communications,
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office this V1 day of S?=V, 2003.
[SEAL]
Notary
My Commission Expires
[Notary USAN M.FLYNN
Public - Notary Seal
State of Missouri
County of St. Louis
mission Expires 06/21/2004
?Sftqr er
September 15, 2003
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Re: Acceptance by Charter Communications of the ORDINANCE No. 2003-239 with
the City of Denton, TX.
Dear Sir or Madam:
As an authorized agent and representative of Marcus Cable Associates, LL.C. d/b/a Charter
Communications, I, on behalf of those entities, do hereby accept the terms of said franchise, and
agree to perform all the conditions required by the grantee thereunder.
Charter Communications looks forward to working with your community. If you have any
questions or need additional information, please do not hesitate to call.
Sincerely,
Lee Clayton
Sr. VP Operations
Midwest Division
Enc.
Cc: Paul Berra