ORD 2002-37�---FFFG IVE BETE:
TOWN OF TROPHY CLUB, TEXAS E'`IRATI° Da
ORDINANCE NO. 2002 - 37
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2002-15, WHICH AMENDED
ORDINANCE NO. 97-24, BY EXTENDING THE TERM OF THE CABLE
FRANCHISE AUTHORIZED BY ORDINANCE 87-I1, WHICH
INITIALLY 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., D/B/A CHARTER COMMUNICATIONS, AND
THE TOWN, PROVIDING FOR ACCEPTANCE OF THE EXTENSION
BY MARCUS CABLE ASSOCIATES, L.L.C., DBIA CHARTER
COMMUNICATIONS; 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;
WHEREAS, 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 channel and
ratifying and affirming all other provisions of Ordinance No. 87-11;
WHEREAS, on April 15, 2002, the Town adopted Ordinance No. 2002-15, amending
Ordinance No. 97-24 by extending the terms of the Franchise 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; and
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
further extend the terms of the current franchise agreement, as provided for and in accordance
with all applicable law, until the earlier of either December 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.
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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 AGREEMENT 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 215' of October, 1997 and Ordinance 2002-15 on
April 15, 2002. Pursuant to such Ordinances, the Franchise is due to expire on
November 11, 2002; however, the Town and Charter hereby mutually agree to be
bound by the terms of this franchise either until December 11, 2002, or until such
time as the Town 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 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 December 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.
C. This Ordinance hereby amends Ordinance No. 2002-15, an amendment to
Ordinance No. 97-24 amending Ordinance 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
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agrees that the person signing below on behalf of Charter is the properly authorized official of
that coiWration 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 Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION S.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
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as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town
this 4th day of November, 2002.
ATTEST
Town Secretary C .
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
of the Town of Trophy Club, Texas,
of Trophy Club, Texas
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4Atk�l(LOuam"'-7�
Town Attomey
Town of Trophy Club, Texas
ACCEPTED:
MAR ABLE A CIATES, L.P. D/B/A CHARTER COMMUNICATIONS
Y.1By:I UA
Printed Name: M. Celeste vossmever
vice President
Government -Relations
Its:
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