HomeMy Public PortalAboutOrdinance No. 903-01 07-24-2001 •
ORDINANCE NO. 903-01
AN ORDINANCE SUSPENDING FOR UP TO FIVE (5) YEARS
THE FRANCHISE GRANTED TO WIDE OPEN WEST
TEXAS, LLC, IN ORDINANCE NO. 879-00, ADOPTED
AUGUST 22, 2000; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Richland Hills, Texas, on August 22, 2000,
granted a franchise to Wide Open West Texas, LLC, it successors and assigns, to allow said
company to erect, maintain and operate a community antenna television system in the City of
Richland Hills, Texas; and
WHEREAS, said franchise was granted by the passage by the Richland Hills City Council
of Ordinance No. 879-00, effective September 22, 2000; and
WHEREAS, in the months since the award of said franchise, the financial markets have
• changed to the extent that venture capital for the funding of such cable television infrastructure
construction is no longer available; and
WHEREAS, Wide Open West Texas, LLC has petitioned the City of Richland Hills to
suspend the franchise granted to it for a period of up to five (5) years, or until such time as Wide
Open West is able to accomplish a financing strategy that would allow it to successfully execute the
terms of its franchise with the City, whichever comes first; and
WHEREAS, the City Council of the City of Richland Hills, Texas, now finds and
determines that the suspension of such franchise as requested by Wide Open West is in the best
interests of the citizens of the City of Richland Hills, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That the term of Ordinance No. 879-00, which granted a cable television franchise to Wide
Open West Texas, LLC, be and the same is hereby suspended for a period of five (5) years from the
effective date of this ordinance, or until such time as Wide Open West demonstrates to the city that
it is abie to successfully execute the terms of its franchise agreement with the city and petitions the
city to reactivate its franchise agreement, whichever first occurs.
• II.
If, within five (5) years from the effective date hereof, the franchisee, Wide Open West
Texas, LLC, has not successfully reactivated its franchise agreement with the city, then at the
expiration of such 5-year period, the franchise granted to Wide Open West Texas, LLC by Ordinance
No. 879-00 shall automatically terminate and shall thereafter be of no further force or effect. Upon
such termination, neither party shall have any further rights under said franchise agreement nor any
further obligations to the other party.
III.
Within thirty (30) days from the effective date of this ordinance, grantee shall file with the
City Secretary a written statement in the following form signed in its name and behalf:
"To the Honorable Mayor and City Council of the City of Richland
Hills, Texas:
For itself, its successors and assigns, Wide Open West Texas,
LLC, a Delaware LLC duly authorized to do business in the
State of Texas, hereby accepts the attached ordinance and
agrees to be bound by all of its terms, conditions and
provisions."
•
By:
Its:
Dated this _ day of 2001."
Failure of Wide Open West to file such statement within such time period shall result in the
automatic forfeiture of the franchise agreement modified hereby.
IV.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
ORDINANCE NO. 903-O1 PAGE 2
• V.
Saving Clause. That Ordinance No. 879-00 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this
ordinance.
VI.
Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas.
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passed and approved at a regular meeting of the Richland Hills City Council
on the 24thday of July , 2001; by a vote of 3 ayes, ~ nays, and ~ abstentions.
APPROVED:
V ~ ~
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. 1'. C. F. Kehey, ayor
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ATTEST: , r.•- ' ft ~ ,
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Terri Wi is, City Secretary
APPROVED AS TO FORM AND LEGALITY:
James A. Cribbs, City Attorney
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