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ORD 2001-23 - Texas Telecable 10-09-2001ORDINANCE NO. 2001-23 AN ORDINANCE WHEREBY THE CITY OF HUNTSVILLE, TEXAS, TCA HOLDINGS II, L.P., D/B /A COX COMMUNICATIONS AGREE TO AMEND THE TERMINATION DATE OF ORDINANCE NO. 89 -31, AN ORDINANCE GRANTING TEXAS TELECABLE, INC. OF HUNTSVILLE, TEXAS, THE NONEXCLUSIVE RIGHT AND PRIVILEGE TO USE THE PUBLIC RIGHTS - OF -WAY IN THE CITY FOR THE OPERATION OF A CABLE SYSTEM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Huntsville, Texas ("CITY'), adopted and approved Ordinance No. 89 -31 granting Texas Telecable, Inc. of Huntsville, Texas, a nonexclusive right and privilege to use the public rights -of -way for a cable system for a period of ten (10) years commencing August 10, 1991; and WHEREAS, Texas Telecable, Inc. of Huntsville, Texas, was transferred to TCA Holdings II, L.P. d/b /a Cox communications ( "COX ") and the CITY approved such transfer; and WHEREAS, CITY and COX have been negotiating a new franchise for the use of the public rights -of -way for a cable system and it is to the mutual advantage to both CITY and COX to extend the termination date in Ordinance No. 89 -31 until December 31, 2001, or the effective date of the new franchise agreement, whichever comes first; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The termination date stated in Section 5 "Term of Franchise" of Ordinance No. 89 -31 is hereby amended to read as follows: "Section 5. TERM OF FRANCHISE. This franchise shall take effect upon the final passage, or August 10, 1991, whichever is later, and shall continue in force and effect until December 31, 2001 or the effect date of a new franchise ordinance with Company, whichever is earlier. SECTION 2: This Ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED ON THIS 9TH DAY OF OCTOBER, 2001. CITY OF ILL TEXAS William B. Green, Mayor A;VEST: Danna Welter, City Attorney APP VED AS TO FORM: Paul C. Isham, City Attorney ACCEPTED: TCA HOLDINGS, 11, L.P. By: Telecable Associates, L. L. C. its general partner 0 Name: Title: