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Resolutions in conflict herewith be and the same are hereby repealed to the extent of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
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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
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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
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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