ORD 2002-15TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 9724, ADOPTING ADDITIONAL
PROVISIONS RELATED TO THE CABLE FRANCHISE AUTHORIZED
BY ORDINANCE 57-11, WHICH GRANTED A CABLE TELEVISION
FRANCHISE WITHIN THE TOWN; PROVIDING FOR AN EXTENSION
TO THE TERM OF THE FRANCHISE AGREEMENT BETWEEN
MARCUS CABLE ASSOCIATES, L.L.C. AND THE TOWN, PROVIDING
FOR ACCEPTANCE OF THE EXTENSION BY MARCUS CABLE
ASSOCIATES, L.L.C.; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, (the "Town") 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 Town;
WHEREAS, on May 11, 1987, the Town adopted Ordinance No. 87-11 granting a cable
television franchise within the Town for a term of fifteen (15) years with an expiration date of
May 11, 2002;
WIFTEREAS, on October 21, 1997, the Town adopted Ordinance No. 97-24, amending
Ordinance No. 87-11 by adopting additional provisions related to the public access channels and
ratifying and affirming all other provisions of Ordinance No. 87-11;
WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas,
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 November 11, 2002, or the date upon which the Town
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, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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 AGREEA/1ENT TERM
A. Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter")
currently has an existing cable franchise ("Franchise") with the Town of Trophy
Club, Texas ("Town"), under Ordinance No. 87-11, which was passed and
approved by the Town Council on May 11, 1987, and was subsequently amended
by Ordinance No. 97-24 on the 215t of October, 1997. Pursuant to such
Ordinances, the Franchise is due to expire on May 11, 2002; however, the Town
and Charter hereby mutually agree to be bound by the terms of this franchise
either until November 11, 2002, 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. § 5461,
whichever event occurs first. The extension of time, 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 Town and Charter agree to extend the terms of the Franchise
until the earlier of either November 11, 2002, or the date upon which the Town
or
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. 97-24, an amendment to Ordinance
No. 87-11, and all other amending ordinances thereto; in the particulars stated in
Section 2 hereof, and all other sections, subsections, paragraphs, sentences,
phrases and words of such Ordinances are not amended but are hereby ratified and
affirmed:
SECTION 3.
ACCEPTANCE
By its signature below, Charter, the Grantee, hereby agrees that consideration, the receipt
and sufficiency of which is hereby acknowledged, has been provided for 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 Town that any necessary resolution or other act extending such authority has been duly
passed and is now in full force and effect.
SECTION 4.
CUMULATIVE
That 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.
SAVINGS
All rights and remedies of the Town of Trophy Club, 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.
SEVERABILITY
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 Town 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.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date in the minutes of the Tawn
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION S.
EFFECTIVE DATE
This Ordinance small become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the To7nC�il of the Towr -Of— Trophy Club, Texas,
this 15TH day of April, 2002. f
of
ATTEST:
Town Secretary
Town of Trophy Club, Texas r- TFC
[SEAL]
EFFECTIVE DATE: April 24, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
ACCEPTED:
ub, Texas
MAR US ABLE ASS CIATES, L.P. D/B/A CHARTER COMMUNICATIONS
By:
Printed Name: M. Celeste Vossmeyer U
Vice President overnmen
Relations
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MAR US ABLE ASS CIATES, L.P. D/B/A CHARTER COMMUNICATIONS
By:
Printed Name: M. Celeste Vossmeyer U
Vice President overnmen
Relations
Its: