ORD 2006-44TOWN OF TROPHY CLUB
ORDINANCE NO. 2006 - 44
AN ORDINANCE OF THE TOWN OF TROPHY
CLUB, TEXAS AMENDING ORDINANCE NO. 2002-
44 GRANTING TO MARCUS CABLE ASSOCIATES,
L.L.C. d/b/a CHARTER COMMUNICATIONS, IT'S
SUCCESSORS OR ASSIGNS, A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OWN, OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM
WITHIN THE TOWN OF TROPHY CLUB, TEXAS;
PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR THE ADOPTION OF
AN AMENDMENT TO ARTICLE I, SECTION FIVE
ENTITLED "TERM" IN ORDER TO COMPLY
WITH THE OBLIGATIONS CONTAINED
THEREIN; PROVIDING FOR INTEGRATION;
PROVIDING FOR SAVINGS AND REPEALER;
PROVIDING FOR SEVERABILITY;
ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
THIS FRANCHISE AGREEMENT is made and entered into as of the 2nd day
of December, 2002 by and between the Town of Trophy Club, Texas, a home municipal
corporation duly organized under the Constitution and the laws of the State of Texas
(hereinafter the "Town" or alternatively, "Grantor") and Marcus Cable Associates, L.L.C.
d/b/a Charter Communications, (hereinafter "Company" or alternatively, "Grantee"), a
Texas corporation with its principal place of business at 4800 Blue Mound Rd., Fort
Worth, Tarrant County, Texas.
WHEREAS, on or about the 2nd day of December, 2002 a Franchise Agreement
by and between the Town of Trophy Club, Texas, a municipal corporation duly organized
under the laws of the State of Texas (hereinafter the "Town" or alternatively, "Grantor")
and Marcus Cable Associates, L.L.C. d/b/a Charter Communications, (hereinafter
"Company" or alternatively, "Grantee"), a Texas corporation with its principal place of
business at 4800 Blue Mound Rd., Fort Worth, Tarrant County, Texas was approved and
adopted via Ordinance No. 2002-44 (hereinafter "Franchise"); and
WHEREAS, the terns of the Franchise provide that at the end of the fourth (4"')
year of the Franchise term, the Franchise shall be extended for three (3) years upon a
finding that Grantee has maintained itself in substantial material compliance with
specified criteria; and
WHEREAS, the staff has reviewed and analyzed the Grantee's performance
under the Franchise to determine whether Grantee is in substantial material compliance
with the criteria set forth in the Franchise and has determined that Grantee has maintained
itself in substantial material compliance with that criteria; and
WHEREAS, on November 6, 2006, after holding a public hearing, the Town
Council has reviewed staff analysis of Grantee's performance under the Franchise,
concurs with the determination that Grantee has maintained itself in substantial material
compliance with specified criteria:
The Customer Service Requirement in Article II, Section 3;
The Franchise Fee requirements in Article 1I, Sections 7 and 8(A);
Records, reports, and maps as required in Article 11, Section 10; and
The Cable System meeting all applicable technical and performance standards of
the FCC
therefore the Council determines it appropriate to allow the automatic three (3) year
continuation specified in Article I, Section 5 of the Franchise to take effect without early
termination; and
WHEREAS, based upon the staff analysis, the findings of the Town Council, and
the terms of the Franchise, the Franchise continue in full force and effect until the 2" d day
of December, 2012; and
WHEREAS, this Ordinance is adopted by the Town of Trophy Club and the
Franchise granted pursuant to Ordinance No. 2002-44 is hereby amended so that Section
5 is revised in its entirety to give effect to the existing terms of that section relative to the
term of the Franchise and so that all other terms and provisions of Ordinance No. 2002-
44 remain in full force and effect until the expiration of the term of the Franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
ARTICLE I
GRANT OR FRANCHISE
AND GENERAL PROVISIONS
Section 1
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Section 2
ADOPTION OF AMENDMENT
Section 5, entitled "Term" of Article I, entitled "Grant or Franchise and General
Provisions" of Ordinance No. 2002-44 approving the Franchise is hereby amended to add
section "C" so that Article I, Section 5 shall be and read as follows in its entirety and so
that all other terms and provisions of the Ordinance No. 2002-44 shall remain in full
force and effect:
"Section 5
TERM
A. The non-exclusive Franchise and the rights, privileges and
authority granted herein shall continue in force and effect for a term of seven
(7) years from the Effective Date.
B. This Franchise shall be extended for an additional three (3)
years upon a finding by the Town Council at the end of the fourth (0) year of
the Franchise that the Grantee is and has maintained itself in substantial
material compliance with:
The Customer Service Requirement in Article II, Section 3 ;
2. The Franchise Fee requirements in Article II, Sections 7 and
8(A);
3. Records, reports, and maps as required in Article II, Section
10; and
4. The Cable System meeting all applicable technical and
performance standards of the FCC.
C. Having determined prior to the end of the fourth (0) year of this
Franchise that the Grantee is and has maintained itself in substantial
compliance with the criteria as set forth in Subsection `B" of this Section, this
Franchise is automatically extended for an additional three (3) years after the
expiration of seven (7) years from the Effective Date so that this Franchise
shall remain in full force and effect until December 2, 2012."
Section 3
INTEGRATION
The amendment to the Franchise adopted via this Ordinance sets forth the entire
agreement between the parties respecting the subject matter hereof'. All agreements,
covenants, representations and warranties, express and implied, oral and written, of the
parties with regard to the subject matter hereof are contained herein. No other
agreements, covenants, representations or warranties, express or implied, oral or written,
have been made by any party to another with respect to the matter of this Agreement. All
prior and contemporaneous conversations, negotiations, possible and alleged agreements,
representations, covenants and warranties with respect to the subject matter hereof are
waived, merged herein and therein and superseded hereby and thereby. This is an
integrated Franchise Agreement.
Section 4.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting Cable Franchises and shall not repeal any of the provisions of such Ordinances
except in those instances where provisions of those Ordinances are in direct conflict with
the provisions of this Ordinance; whether such Ordinances are codified or uncodified,
and all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen under
or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
Section 5.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 6.
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 clause in the
minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
Section 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, provided that within forty-five (45) days after the date of
final passage of the Franchise, the Grantee shall file with the Town its unconditional
acceptance of the Franchise amendment.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the L day of November, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
(RY
Tocrwn SeetaryTown of Trophy Club, Texas[SEAL] 1,
This. mended Franchise Agreement is hereby accepted by the Grantee on this day
Of 1'Ihi,�n�u,2006.
L.L.C. MARCUS CABLE ASSOCIATES,
d/b/a CHARTER COMMUNICATIONS
Title:
APPROVED AS TO FORM:
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11k'
Town Attorney
Town of Trophy Club, Texas