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HomeMy WebLinkAboutOrdinance 2808 ORDINANCE NO. 2808 2 6 AN ORDINANCE AMENDING ORDINANCE 1862 AND THE CABLE TV FRANCHISE AGREEMENT OF THE CITY OF NORTH RICHLAND HILLS, TO PROVIDE FOR ASSUMPTION BY THE CURRENT CABLE TV FRANCHISE HOLDER OF OBLIGATIONS OF GATEHOUSE NETWORKS TO THE CITY, AND PROVIDING AN EFFECTIVE DATE. 4 8 WHEREAS, the North Richland Hills cable television franchise was originally granted by 10 Ordinance 1862 to Sammons Communications, Inc., formerly Marcus Cable Associates, L.P., which franchise ordinance was amended by Ordinances 2066 12 and 2373 and then transferred to Marcus Cable Associates, L.L.C., and then to Paul G. Allen, and associated entities and ratified by an acceptance agreement 14 ("Agreement") dated March 15, 1999 executed by Vulcan Cable, II, Inc., Vulcan Cable, Inc., Marcus Cable Associates, L.L.C., Marcus Cable Properties, 16 Inc., Charter Communications, Inc., Charter Communications Holdings, L.L.C., collectively referred to herein as "Company;" and 18 WHEREAS, the City of North Richland Hills ("City") by Ordinance 2582 granted a cable 20 television franchise for service within an area known as the Home Town NRH Development to Lamont Digital Systems, Inc. d/b/a Gatehouse Networks 22 ("Gatehouse") and the franchisee has notified the City that it desires to have its obligations assumed by Company, and both City and Company are agreeable to 24 such transfer; and 26 WHEREAS, Company is already obligated under its current franchise to provide service to the area served by Gatehouse and both Company and City desire to amend the 28 current franchise and March 15, 1999 Acceptance Agreement to have Company assume certain obligations of Gatehouse; NOW, THEREFORE, 30 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, 32 TEXAS: 34 Section 1: THAT Ordinance 1862, as amended by Ordinances 2066 and 2373, and the March 15, 1999 Acceptance Agreement executed by Company, are hereby amended by adding to Table 1 on Page 47 of the Acceptance Agreement the following I-Net numbers and Locations where Company shall provide I-Net service as contemplated by Paragraph 17 and Exhibit 17 of such Agreement: 36 38 40 Ordinarce No. 2808 Page 1 0=' 2 2 4 6 10 12 14 City of North Richland Hills I-NET Site List I-NET Number 6 7 Location Library Recreation Center Address Home Town NRH at address to be determined Home Town NRH at address to be determined Section 2: Company shall continue to build out fiber optic network in Home Town NRH. 8 Section 3: The transfer ofthe Gatehouse cable television franchise to Company is hereby approved, subject to the amendment of Company's franchise as set forth in Section 1 hereof. Section 4: This ordinance shall be in full force and effect immediately following its adoption and signed written acceptance by Company. 16 AND IT IS SO ORDAINED. 18 Passed on this 11 th day of October, 2004. 20 22 24 26 28 30 32 34 36 38 40 42 \""~"C~' '''''''''''' ,,~,~ .......... ~/,;;.t. ~W)~ ..~~n·· ....... "~, § ... \ ';... ~~( r 'y~\ .l ,... \ j r:!J : -;~" h· ~~ ~"v .'. . .... <'.i ~ ~ I, ,I X" ~ ... .1' ,"'- ~ ....¡;.... " "'" ", ~1IHr. "" A TTb~l'!""'\I"" By: CI~ OF NOR~ryHLAND fiLLS ~v~5t Oscar Trevino, Mayor -t?a,/)U¿¡~ ~. Patricia Hutson, City Secretary APPROVED AS TO CONTENT: ~L Department Head Ordinance No. 2808 Page 2 of 2