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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-008Temp. Ord. # 1848 04/14/99 Page l CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- 69 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN EXTENSION OF FOUR (4) MONTHS OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA AND MEDIAONE OF GREATER FLORIDA, INC. (MEDIAONE); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABLILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to provide for an extension agreement to MediaOne's Cable Television Franchise Agreement granted pursuant to Ordinance No. 73-36 and expiring on May 20, 1999; and WHEREAS, it is in the best interest of the City of Tamarac and its citizens to approve an extension in order to address any, and all, additional conditions, issues and to reevaluate the Agreement prior to negotiating the terms of the renewal of MediaOne's agreement; and WHEREAS, providing for said extension would provide the City of Tamarac a timely and efficient manner to review said Agreement; 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 a four (4) month extension to the Cable Television Franchise Agreement. Temp. Ord. # 1848 04/14/99 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: 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 upon adoption hereof. SECTION 2: That the appropriate City Officials are hereby authorized to execute the four (4 ) month extension of the Cable Television Franchise Agreement between the City of Tamarac, Florida and MediaOne (attached as Exhibit "A"). SECTION 3: If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 4: All Ordinance or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. Temp. Ord. # 1848 04/14/99 Page 3 PASSED, ADOPTED AND APPROVED FIRST READING thisf/z4day o4pT ' 1999. 111 PASSED, ADOPTED AND APPROVED SECOND READING thisFday of , 1999. J E SCHREIBER Mayor ATTEST: a2�� CAROL GOLD, C/AAE City Clerk RECORD of COMMISSION MAYOR SCHREIBER DIST 1: G�OMM. PORTN I HEREBY CERTIFY that I have DIST 2: r~ YhN M{SH�QN - uru... nunun.�Ipilyr�lA appr is as to form. DIST 3: COMM. SULTANOF Y0 /i i DIST a; .... cam. AOBEFITS MITCIT LL S. KRAF City Attorney 1 9300 930 W ? IEIB0111 1 �SSOCI�IES N /08/99 114:a5 "r CC3/005 0 - Revised EXTENSION OF THE CABLE TELEVISION FRANCISE AGREEMENT between THE CITY OF TAMA.RAC, FLORIDA and MEDIAONE OF GREATER FLORJDA, INC. This CA E TELEVISION FRANCHISE EXTENSION AGREEMENT, executed this &13—day of , 1999, by and between the CITY OF TAMARAC, FLORIDA, a municipal torpor tion of the State of Florida (hereinafter "City") MEDIAONE OF GREATER FLORIDA, INC. WHEREAS, MediaOne currently operates a cable television system in the City pursuant to a Franchise Agreement granted pursuant to City of Tamarac Ordinance No. 73-36, as amended; and, WHEREAS, the existing franchise expires on May 20, 1999, and WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. Section 521 et seq., the City may grant or renew a franchise to construct, operate and maintain a cable television system within the City limits; and WHEREAS, the City of Tamarac, Florida is negotiating with MediaOne for renewal of its cable franchise agreement; however, both parties agree that the renewal agreement may not be completed prior to May 20, 1999; and WHEREAS, the City Commission of the City of Tamarac has determined that it is in the best interest of the citizens of the City of Tamarac to extend the existing cable franchise agreement to provide time for negotiation of a renewal agreement with MediaOne. NOW THEREFORE, in consideration of the mutual promises and understandings set forth herein, the parties hereto agree as follows: The above recitals are true and correct and incorporated herein by reference. 2. The Cable Franchise Agreement between the City and MediaOne, is hereby amended to extend the current cable television franchise agreement to September 30, 1999. 3. All terms and conditions of the MediaOne cable television franchise renewal agreement, as finally adopted by the City, shall be deemed effective as of the original date of C Machin E-cmo_0401.w04 0 IEIBOgtl117 aSSOC1aIES ra CE' ;a:a P COa OCR expiration of the existing agreement, provided that the franchise shall not be considered to be in violation of the agreement as a result of non-compliance with any obligation imposed after the date hereof, where compliance prior to execution of the franchise renewal was neither expressly anticipated by the parties nor practicable, IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first hereinabove written. WITNESSES: CITY OF TAMARAC, FLORIDA a Municipal corporation W the State of Florida TO "CITY" YOR APPROVE 1± S f� CITY MANAGER A4TCrF " ATTEST: ENDORSED AS TO FORM & LEGALITY • FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC, FLORIDA, ON1Y. CITY CLERK CITY ATIORXEY CA=] 1 ')9hTwmvFnffa,-WNinUne rmchige E.,jr"Gn 0401._p4 2 10 OX3 'v N W11 LEI M ITI RSSCCI�TES 0q/08/99 ia:aE P.CG�iOC� C, Wn-NESSES: CABLE TELEVISION FRANCHISE EXTENSION AGREEMENT .$ N % c PC, AS TO "FRANCHISEE" ' AS TO "FRANCHISEE" AGREED TO AND ACCEPTED BY FRANCHISEE: MEDIAONE OF GREATER FLORIDA, INC, s� TITLE: �� C_FV DATE: ! Z �y CORPORATE SEAL STATE OF FL(9,L f-,) to wit: I HEREBY CERTIFY, that on this //cQ� day of , 1999, r before me, the subscriber, a Notary Public of the State of !� 0'a- ,g � , in and for if1/-( , and acknowledged the foregoing Extension of C le Franchise Agreement in fh& /C fGi u`� ! to be the act and deed of said Company. AS WITNESS my hand and Notary Seal, NOTARY PUBLIC (/ MY COMMISSION EXPIRES: / ;26 (;1115\I V99t7'rmarac\Frwnchi,elMu'%Onr f1WW9 Eaunaion 040N.wpd J 0 FP,*R�T,P{��8� ANN L. LEFTIK a 1 MY COMMISSION M CC 74� F.:XPIRFS: January 26, 2002 1.30 3-NOTARy Fia, NOta y $en ipg & Bonding ]CO