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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. -1- 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 -2- DOC #: 520815