OR 206-A-2 Authorizing Coppell Cablevision to transfer franchise to ENRCOM AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 206A2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AUTHORIZING
CABLEVISION OF COPPELL, INC., FRANCHISEE, TO TRANSFER FRANCHISE ISSUED
BY THE CITY OF COPPELL TO THE ENRCOM; PROVIDING AN AGREEMENT BY
TRANSFEREE TO UNDERTAKE AND PERFORM ALL THE DUTIES AND OBLIGATIONS
UNDER SUCH FRANCHISE AND SUCH OTHER ORDINANCES AND LAWS OF THE CITY
AND STATE IN REGARD THERETO; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 206, the City of Coppel] granted a franchise to
Cablevision of Coppell, Inc., its successors and assigns, to operate and maintain a
community cable television system within the corporate limits of the City of Coppel],
reference to which is made for all purposes; and
WHEREAS, Section 7 of referenced ordinance styled Transfer of Franchisee
contains a provision prohibiting the transfer of said franchise without written consent
of the City; and
WHEREAS, by Ordinance No. ~O~-/2-/ , recently adopted by the City
Council of the City of Coppell, Texas, such consent was granted to Cablevision of
Coppell, Inc., to transfer said franchise to THe ENRCOM; and
WHEREAS, said ordinance provided that consent to such transfer be conditioned
that the transferee shah promptly after the date of such transfer, execute and deliver
to the City its acceptance of and its agreement and undertaking to perform all of the
duties and obligations under such franchise, including but not limited to being a signatory
on said franchise agreement; and
WHEREAS, said transferee has notified the City that ownership of said company
has been transferred and requests that the City adopt the official ordinance transferring
the franchise agreement from Cablevision of Coppert, Inc., to THe ENRCOM. NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELLo TEXAS:
That the franchise granted to Cablevision of Coppell, Inc., by Ordinance No. 206
heretofore adopted by the City Council of the City of Coppell on the 27th day of
March, 1979, be and the same is hereby transferred to THe ENRCOM, a Colorado
partnership between ATC Holdings, Ine., and KBLCOM, Inc., wholly owned subsidiaries
respectively of American Television and Communications Corporation and Houston
Industries, Inc., on condition that THe ENRCOM shah assume and perform all the duties
and obligations under such franchise and shall have all of the rights granted thereunder;
and, on further condition that said transferree shah abide by all of the ordinances of
the City and the laws of the state and federal government regulating the operation
and maintenance of community cable television systems, including but not limited to
such matters as is set out in City Ordinance No. 192-A adopted by the City Council on
the 13th day of February, 1979.
SECTION 2.
If any portion of this ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed separate, distinct and independent, and such holding shall
not affect the validity of the remaining portions thereof.
SECTION 3.
This ordinance shall become effective immediately upon its adoption as the law
in such eases provides.
D[II~Y PA88F. D by the City Council of the City of Coppell, Texas, this /~.L_
day of 4~., 198~.
APPROVED:
R
ATTEST:
APPR VED AS TO F :
TY ATTO
ACCEPTED AND AGREED TO:
THe ENRCOM