ORD 1997-24TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 91-24
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 87-11 GRANTING A
CABLE TELEVISION FRANCHISE WITHIN THE TOWN
BY AMENDING SECTION 24(D) (PUBLIC ACCESS
CHANNELS) BY CLARIFYING THE REQUIREMENT THAT
A PUBLIC ACCESS CHANNEL SHALL BE RESERVED FOR
TOWN USE WITHOUT CHARGE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS: ,
Section 1. Amendment. Ordinance No. 87-11 of the Town of Trophy Club, Texas
relating to the granting of a cable television franchise within the Town is hereby amended as
follows, and all other sections, subsections, paragraphs, sentences, phrases and words of the said
Ordinance are not amended but are hereby ratified and affirmed:
A. Section 24 (Parental Lock, Obscenity and X -Rated Movies) is hereby amended
by amending subsection (d) relating to public access channels so that it shall hereafter read as
follows:
(d) Public Access Channels. Subject to reasonable rules to be adopted by the
Grantee, filed with the Town Secretary and approved by the Town Council,
Grantee shallmakeavailable at least two channels for the use of the public
including non-profit government and community programming), on of which
shall have nondiscriminatory access without charge on a first come, first serve
basis, and the other of which shall be reserved for use solely by the Town."
Section 2. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting cable television and shall not repeal any of the provisions of those ordinances
except in those instances where the provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance.
Section 3. Severability. The sections, paragraphs, sentences, phrases, clauses and
words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
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 that it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
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DoC N: 520815
Section 4. Acceptance. By its signature below, Marcus Cable Associates, L.P.
("Marcus"), the Grantee under Ordinance No. 97-24 by assignment, 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. Marcus
further represents and agrees that the person signing below on behalf of Marcus is the properly
authorized official of Marcus and has the necessary authority to execute below on behalf of
Marcus, and Marcus hereby 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 5. Effective date. This Ordinance shall become effective from and after its
date of passage as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 21st day of October 1997.
or, Town of Trophy Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town of Trophy Club, Texas
ACCEPTED:
MARCUS CABLE ASSOCIATES, L.P.
By: i
Printed Name: A 1.,A,✓ 6-C� f ,)
Its: ✓P
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DOC #: 520815