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Home My WebLink AboutCity of Tamarac Ordinance O-1999-020Temp. Ord. #1867 10/05/99 Page l CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- AO AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A THIRD EXTENSION OF TWO (2) 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 a third 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. 99-17 and expiring October 31, 1999; and WHEREAS, it is in the best interest of the City of Tamarac and its citizens to approve a third 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 third, two (2) month extension to the Cable Television Franchise Agreement. Temp. Ord. #1867 10/05/99 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 two (2) 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. 1 Temp. Ord. #1867 10/05/99 Page 3 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED FIRST READING this 13 day of A/,-, 1999. vt PASSED, ADOPTED AND APPROVED SECOND READING this-27day of 08,1� , 1999. E SCHREIBER Mayor F-1911*35. RECORD OF COMMISSION CAROL GOLD, MC/AAE MAYOR SCHREIBER City Clerk DIST 1: COMM. PORTNER DIST 2: V/M MISHKIN I ��REBY CERTIFY that I have DIST S: COMM. SULTANOF .&D11 Ad tNs RESOLUTION as to DIST 4: MM. ROBE MITCHELL- S. City Attorney 1 • Temp. Ord. No. 1867 "EXHIBIT A" THIRD EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT between THE CITY OF TAMARAC, FLORIDA and MEDIAONE OF GREATER FLORIDA, INC. This CABLE TELEVISION FRANCHISE THIRD EXTENSION AGREEMENT, executed this d2Ty—lk 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 first extension agreement expired September 30, 1999 and the second extension agreement expires October 31, 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 October 31, 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: Page 1 of 3 Temp. Ord. No. 1867 0 "EXHIBIT A" 1. The above recitals are true and correct and incorporated herein by reference. 2. The Cable Franchise Agreement and Extension Agreement between the City and MediaOne, is hereby amended to extend the current cable television franchise agreement to December 31, 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 expiration of the Franchise Agreement, provided that the Franchisee 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 0 Municipal Corporation of the State of Florida AS TO CITY iAYOR chreiber A P P R 0 *V. _Zi4L. filler TO CITY CITY MANAGER ATTEST: ENDORSED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF THE C OF TAMARAC, F ORIDA, ONLY. Carol Gold, /CMC CITY CLERK Mitchell S. Kraft CITY ATTORNEY Page 2 of 3 • Temp. Ord. No. 1867 "EXHIBIT A" THIRD EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITNESSES: AS TO FRANC ISEE AGREED TO AND ACCEPTED BY FRANCHISEE: MEDIAONE OF GREATER FLORIDA, INC, el �)BY: -n pa4-�� TITLE: DATE: AS TO F CHISOE CORPORATE SEAL STATE OF rLC/ZIP1-- , to wit: I HEREBY CERTIFY, that on this �- J h day of OC7206Grz.- 1999, before me, the subscriber, a Notary Public of the State of F(-04 in and for and acknowledged the foregoing Extension of Cable Franchise Agreement in 71-q1y)A . ' Fz-ne,(7f} , to be the act and deed of said Company. AS WITNESS my hand and Notary Seal. ,.- - - ANN L. LEMK NOTARY PUBLIC MY COMMISSION* CC710890 EXPIRES; January 26, 2002 MY COMMISSION EXPIRES: 1400sD1OTARV FIa Nohrys.M011d9ondirgCo. Page 3 of 3 STIPULATION FOR AN EXTENSION OF TIME BETWEEN MEDIAONE OF GREATER FLORIDA, INC. AND THE CITY OF TAMARAC MediaOne of Greater Florida, Inc. (hereinafter known as "MediaOne") and the City of Tamarac (hereinafter known as the "City") hereby stipulate to an extension of time until November 24, 1999, for the City to consider the proposed transfer of control of MediaOne's cable television franchise to AT&T. In the event the City cancels the November 24, meeting, it is stipulated that the extension shall be until December 8, 1999. Both the City and MediaOne reserve all rights without waiver and their stipulation shall not be construed as an approval or denial of the proposed transfer of control. • Page 1 of 2 The undersigned hereby certifies that they have the authority to enter into this Agreement: On behalf of MediaOne: By: ary I. Resn' k, Esq. Regional Director Government & Community Relations STATE OF E L—Q c � b d COUNTY OF�c;,�� (� Date: l 4 (-;L6 I a 2 The foregoing instrument was acknowledged before me this 26th day of . October 1999, by Gary I. Resn o, Regional Director Government & Community Relations of MediaOne, a State Florida corporation, on behalf of the corporation. He has produced a Florida Driver's License as identification. nr1 ota Public, State of lorida obyn Thalenfeld ,fir P4 oFMpAL NOTARY SEAL O ROBYN THALENFELD r r caw.s�aN Mures y c CC747796 r`h�c WITJUNE 1 200� 2 On Behalf of the City of Tamarac By: --�— Date: Jdfffeyt. Miller • City Manager Page 2 of 2