HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-017Temp. Ord. #1864
08/12/99
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99- 1 tj
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A SECOND
EXTENSION OF ONE (1) MONTH 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 a second extension
agreement to MediaOne's Cable Television Franchise Agreement granted pursuant to
Ordinance No. 73-36 and expired on May 20, 1999 and to the Extension Agreement
granted pursuant to Ordinance No. 99-08 and expiring September 30, 1999; and
WHEREAS, it is in the best interest of the City of Tamarac and its citizens to
approve a second 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
second, one (1) month extension to the Cable Television Franchise Agreement.
Temp. Ord. #1864
08/12/99
Page
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 one (1) month extension of the Cable Television Franchise Agreement and
Extension 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.
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Temp. Ord. #1864
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SECTION 5: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED FIRST READING this 0day of�1999.
Ad
PASSED, ADOPTED AND APPROVED SECOND READING thisadday of , 1999.
ATTEST:
CAROL GOL MC/AAE
City Clerk
I R BY CERTIFY that I
ap r ed this ES
MITCHELL S. KRAF
City Attorney
to form
XE SCHREIBER
Mayor
Dial:
D1a ft
DIST 3:
DIST 4:
09/01/99 16: 51 FAX 954 724 1370__ ___ TAMARAC CITY ATTY' S OFF. 4@002
Temp. Ord. No. 1864
"EXHIBIT A"
SECOND EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT
between
THE CITY OF TAMARAC, FLORIDA
and
MEDIAONE OF GREATER FLORIDA, INC.
This CABLE T�LEVISIO FRANCHISE SECOND EXTENSION AGREEMENT,
executed this day of 1999, by and between the CITY OF
TAMARAC, FLORIDA, a municipal corporation of the State of Florida (hereinafter City)
and 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 expired on May 20, 1999, and
the existing extension agreement expires September 30, 1999, and
WHEREAS, pursuant to the Communications Act of 1934, as amended, 47
U.S.G. 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 September 30, 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 and extension 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:
1, The above recitals are true and correct and incorporated herein by
reference.
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