ORDINANCE NO. 2728

In accordance with the provisions of SB 20/2011-618 of the Alabama Legislature, the following ordinance is published in synopsis form in The Auburn Villager as follows:

AN ORDINANCE RENEWING A NON-EXCLUSIVE FRANCHISE TO

MARCUS CABLE OF ALABAMA, LLC l/k/a CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, MAINTAIN AND UPGRADE A CABLE SYSTEM IN THE CITY OF AUBURN, ALABAMA SETTING FORTH CONDITIONS ACCOMPANYING THE RENEWAL OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN.

Whereas, Marcus Cable of Alabama, LLC /l/k/a Charter Communications, has stated its interest in maintaining a Cable System within the City of Auburn ("City") for the purpose of providing cable services to the citizens of Auburn and the business operating

Within the City limits of the City of Auburn; and

Whereas, the City Council of the City of Auburn finds that the following facts are true and correct:

1. Pursuant to Ordinance No. 225 adopted by the City governing body on

December 22, 1959, the City granted a franchise to Lee County TV Cable Co., a corporation organized under the laws of the State of Alabama, to operate, construct, and maintain television coaxial cables upon, along, through, over and under streets, alleys, bridges and public places of the City of Auburn, Alabama;

2. Pursuant to Ordinance No. 250 adopted by the City governing body on October 19, 1961, the City granted a franchise to Lee County TV Cable Co., a corporation organized under the laws of the State of Alabama, to operate, construct, and maintain television coaxial cables upon, along, through, over and under streets, alleys, bridges and public places of the City of Auburn, Alabama;

3. Pursuant to Ordinance No. 1243, adopted by the City governing body on May 5, 1987, the City granted a renewal franchise to Telecable of Lee County, Inc. to operate and maintain a Cable System in the City of Auburn, Alabama, and setting forth conditions accompanying the grant of the franchise;

4. Pursuant to Ordinance No. 1457, adopted by the City governing body on December 1, 1992, the City amended subsection (b) of section 4, of Ordinance No. 1243 to provide for a business license exemption for Telecable of Lee County, Inc.;

5. Pursuant to Resolution No. 94-119, adopted by the City governing body on September 20, 1994, The City consented to the merger of TeleCable of Lee County, Inc., and its parent company TeleCable Corporation, a Virginia corporation with TeleCable Tele-Communications, Inc., a Delaware corporation (TCI) and TCI Communications, Inc., a Delaware corporation (TCIC) and wholly owned subsidiary of TCI;

6. Pursuant to Resolution No. 98-132, adopted by the City governing body on September 15, 1998, the City approved the merger of AT&T Corp, a newly formed wholly owned subsidiary of AT&T and Tele-Communications, Inc., the parent of Franchisee TCI;

7. Pursuant to Ordinance No. 1933, adopted by the City governing body on July 18, 2000, the City further amended Ordinance No. 1243 so as to explicitly define and clarify the procedures and payment schedules for payment of franchise fees;

8. Pursuant to Resolution No. 01-61, adopted by the City governing body on June 5, 2001, the City approved the transfer of a franchise from TCI of Lee County, Inc. to Marcus Cable of Alabama, LLC.;

9. Grantee's current operation and maintenance of the current Cable System were considered, and

10. The non-exclusive franchise renewed to Marcus Cable of Alabama, LLC. by this Ordinance complies with the City's Wireline Ordinance, Ordinance No. 1871 ("Wireline Ordinance") and existing Applicable Laws, except as otherwise provided herein.

.........

Section 13. Publication, Effective Date, Acceptance and Exhibits.

a. Publication, Effective Date. A summary of the Franchise shall be published in accordance with applicable local and state law. The effective date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 13.b.

b. Acceptance.

(1) Grantee shall accept this Franchise within thirty (30) days of its enactment by the City Council, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effect until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void.

(2) Upon acceptance of this Franchise, Grantee and the City shall be bound by all terms and conditions contained herein.

(3) Grantee shall accept this Franchise in the following manner:

(a) This Franchise Ordinance will be properly executed and acknowledged by Grantee and delivered to the City.

(b) With its acceptance, Grantee shall also deliver any insurance certificates as required herein that have not previously been delivered.

ADOPTED AND APPROVED by the City Council of the City of Auburn, Alabama, this the 18th day of October, 2011.

/s/Bill Ham, Jr.

Mayor

ATTEST:

/s/Charles M.

Duggan, Jr.

City Manager

ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.

MARCUS CABLE OF ALABAMA, LLC

l/k/a CHARTER COMMUNICATIONS

By: /s/Steven E.

Apodaca

Its: President of

Operations

Date: October 28, 2011

FOR THE FULL TEXT OF THIS ORDINANCE, A COPY MAY BE FOUND ON THE

CITY'S WEB PAGE @ www.auburnalabama.org/agenda; and a copy will be posted on the City Hall Bulletin Board for 30 days from the date of publication of this Ordinance.

The Villager:

February 16, 2012