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Home My WebLink AboutCity of Tamarac Ordinance O-1996-0111 Temp. Ord.#1751 Rev. #1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11 /96 Rev. #5 - 7/16/96 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-96- 11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE "TRANSFER OF CONTROL" OF THE CABLE TELEVISION FRANCHISE HELD BY CONTINENTAL CABLEVISION OF JACKSONVILLE, INC., A FLORIDA CORPORATION, A WHOLLY -OWNED SUBSIDIARY OF CONTINENTAL CABLEVISION, INC., A DELAWARE CORPORATION TO U S WEST, INC., A DELAWARE CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE D6TE.. WHEREAS, Continental Cablevision of Jacksonville, Inc. is currently the holder of a cable television franchise issued by the City of Tamarac; and WHEREAS, Continental Cablevision of Jacksonville, Inc. is a wholly -owned subsidiary of Continental Cablevision, Inc.; and WHEREAS, Continental Cablevision, Inc., a Delaware corporation, and U S WEST, Inc., a Delaware corporation, have entered into an agreement and plan of merger dated February 27, 1996; and WHEREAS, in connection with the merger contemplated by the agreement, the parent company, Continental Cablevision, Inc., a Delaware corporation, will merge with U S WEST, Inc., a Delaware corporation, or with a wholly -owned subsidiary of U S WEST, CODING: Words in stFUelth type are deletions from existing law; Words in underscored type are additions. 2 Temp. Ord.#1751 Rev. #1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11 /96 Rev. #5 - 7/16/96 Inc.; and WHEREAS, Continental Cablevision of Jacksonville, Inc. will remain in place and continue to hold the franchise; and WHEREAS, Continental Cablevision of Jacksonville, Inc. will become a subsidiary of U S West, Inc.; and WHEREAS, Continental Cablevision of Jacksonville, Inc. has requested that the City of Tamarac approve the "transfer of control' of Continental Cablevision of Jacksonville, Inc. from Continental Cablevision, Inc., a Delaware corporation to U S WEST, Inc., a Delaware corporation; and WHEREAS, Continental Cablevision of Jacksonville, Inc. will maintain all current obligations and responsibilities under the franchise; and WHEREAS, Article 7.19(b) of the City of Tamarac Charter provides that "No franchise, or renewals thereof, shall be leased, assigned or otherwise alienated, except with the consent of the Council expressed by ordinance, and evidenced by a formal instrument and consent to same, recorded in the public records of Broward County; and WHEREAS, Section 5.5-28 and Section 5.5-45 of the City Code provides that a transfer of cable television franchise must be approved by ordinance of the City Commission; and CODING: Words in atmelt !hPatigh type are deletions from existing law; Words in underscored type are additions. 3 Temp. Ord.#17b1 Rev. #1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11/96 Rev. #5 - 7/16/96 WHEREAS, Section 5.5-28 of the City Code provides that the "transfer of control" application must include a check in the amount of $5,000 payable to the City of Tamarac to defray a portion of the City's costs in processing the "transfer of control" application; and WHEREAS, an application for approval of a cable television "transfer of control" of a franchise shall clearly identify the application as such, describe the proposed transaction, and explain why the applicant believes the transfer is "transfer of control"; and WHEREAS, Continental Cablevision of Jacksonville, Inc.'s request for a "transfer of control" meets the criteria of a "transfer"; and WHEREAS, Continental Cablevision of Jacksonville, Inc.'s request for approval of the transfer has satisfied all the requirements of the City Code; and WHEREAS, the City Manager recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the "transfer of control" of the cable television franchise held by Continental Cablevision of Jacksonville, Inc., a Florida corporation, from Continental Cablevision, Inc. to U S WEST, Inc., a Delaware corporation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CODING: Words in stfuelt threug# type are deletions from existing law; Words in underscored type are additions. 4 Temp. Ord.#1751 Rev. #1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11 /96 Rev. #5 - 7/16/96 CITY OF TAMARAC, FLORIDA: SECTION L That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. 8ECTION 2: That the City Commission of the City of Tamarac, Florida hereby authorizes the "transfer of control' of the cable television franchise which is currently in full force and effect with no outstanding defaults or breaches thereunder currently held by Continental Cablevision of Jacksonville, Inc., a Florida corporation, to U S WEST, Inc., a Delaware corporation. SECTION 3: U S WEST, Inc. may thereafter assign or transfer control of Continental Cablevision of Jacksonville, Inc. to an entity controlling, controlled by or under common control with U S WEST, Inc., upon notice and approval by the City of Tamarac. Said approval not to be unreasonably withheld. SECTION 4• That U S WEST, Inc. and Continental Cablevision of Jacksonville, Inc. will maintain all current obligations and responsibilities under the franchise. SECTION 5: That this Ordinance shall have the force of continuing agreement between Continental Cablevision of Jacksonville, Inc., a Florida corporation and the City of Tamarac. CODING: Words in ugh type are deletions from existing law; Words in underscored type are additions. 5 Temp. Ord.#1M Rev. #1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11/96 Rev. #5 - 7/16/96 SECTION : That the City Clerk is hereby authorized and directed to record said Agreement in the Public Records of Broward County, Florida. SECTION 7 nfli : All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 6-eyerability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. $ECTIQN 9: E&ctive Date: This Ordinance shall become effective immediately upon its passage and final adoption. CODING; Words in slrnek lhretlgp type are deletions from existing law; Words in underscored type are additions. 1 1 6 Temp. Ord.#1751 Rev. # 1 - 5/9/96 Rev. #2 - 5/29/96 Rev. #3 - 5/31 /96 Rev. #4 - 6/11 /96 Rev. #5 - 7/16/96 PASSED, FIRST READING this 10 day of flully , 1996. PASSED, SECOND READING this Zq day of SVI , 1996. ATTEST: CAROL A. EVANS, C.M.C. City Clerk I H EBY CERTIFY that I have pr ved this ORDINANCE as to fo MITCHELL S. City Attorney Transfer of Control - CaWrkt � - . 'k AL Mr.fiRe OF COMMISSION VOTE MAYO1 DIST 1 DIST 2 DIST 3 DIST 4 CODING: Words in aEwelethreagh type are deletions from existing law; Words in und§Elcored type are additions.