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Home My WebLink AboutCity of Tamarac Ordinance O-1999-033Temp. Ord. #1879 12/07/99 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- 3 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FOURTH EXTENSION OF TWO (2) WEEKS 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 fourth 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. 99-20 and expiring December 31, 1999; and WHEREAS, it is in the best interest of the City of Tamarac and its citizens to approve a fourth 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 fourth, two (2) week extension to the Cable Television Franchise Agreement. Temp. Ord. #1879 12/07/99 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) week extension of the Cable Television Franchise 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 1 11 1 Temp. Ord. #1879 12/07/99 Page 3 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED FIRST READING this o day of1999. PASSED, ADOPTED AND APPROVED SECOND READING thisdo ay of .. , 1999. ATTEST: o� CAROL GOLD, MC/AAE City Clerk CERTIFY that I iis,RESOLUTIO MVMELL,9 City Attorney s to form. ' Pw ra�y - ~��1 -�r • +�r • MST "t: DWI: DISM DIST400 E -I Temp. Ord. No. "EXHIBIT A" FOURTH EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT between THE CITY OF TAMARAC, FLORIDA and MEDIAONE OF GREATER FLORIDA, INC. This CABLE TELEVISION FRANCHIS1 RTH EXTENSION AGREEMENT, executed this -0 � day of.h r-A ,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 the third extension expires on December 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 December 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 Page 1 of 3 • • Temp. Ord. No. / S 79 "EXHIBIT A" 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 and Extension Agreement between the City and MediaOne, is hereby amended to extend the current cable television franchise agreement to January 12, 2000. 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. 0,0111,[a*.] �I CLd 0 AS CITY Carol Gold, AAE/CMS' CITY CLERK CITY OF TAMARAC, FLORIDA a Municipal Corporation of the State of Florida pe Schreiber MAYOR APPROVED Jeffre . Mi er CITY MANAGER ENDORSED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC, FLORIDA, ONLY. • • • Temp. Ord. No. "EXHIBIT A" CITY ATTORNEY THIRD EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITNESSES: AGREED TO AND ACCEPTED BY FRANCHISEE: MEDIAONE OF GREATER FLORIDA, INC, ` BY: ` A TO FRANCHISEE TITLE: yc Ffvwi Lo&�6 DATE: a S TO FRANCHISEE CORPORATE SEAL STATE OF , to wit: HEREBY CERTIFY, that on this dayof 1999, before me, the subscriber, a Notary Public of the State of , in and for and acknowledged the foregoing Extension of Cable Franchise Agreement in to be the act and deed of said Company. vp ANN L. LEFTIK AS WITNESS my hand and Notary Seal. �� MY COMMISSIONkCC91p890 �OFTO LXPIRFS:January 26,2002 �Y 1'80(�-MOTARY Ra Notm SIM@& Bonding Co. NOTARY PUBLIC MY COMMISSION EXPIRES:"rutr Page 3 of 3 of TA4 f u'=� �0 City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamarac.org December 10, 1999 Mr. Gary I. Resnick, Esq. Regional Director Government and Community Relations MEDIAONE 600 North Pine Island Road, Suite 100 Plantation, FL 33324 Dear Mr. Resnick: Enclosed is a fully executed copy of the Stipulation for an Extension of Time Between MediaOne of Greater Florida, Inc. and the City of Tamarac, approving said extension until January 12, 2000 to consider the proposed transfer of control of MediaOne's cable television franchise to AT&T. If you have any questions or need further assistance, please contact me. Si erely Tim emstreet Assistant City Manager/ Interim Finance Director TH/de Enclosure cc: Mr. Scott Morris, AT&T Wireless Manager — AT&T Wireless Service (w/attachments) Ms. Ila L. Feld, Esq., Leibowitz & Associates, P.A. (w/attachments) Mr. Jeffrey L. Miller, City Manager (w/attachments) Mr. Mitchell Kraft, City Attorney (w/attachments) Ms. Carol Gold, City Clerk (original Stipulation) Equal Opportunity Employer • 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 January 12, 2000, for the City to consider the proposed transfer of control of MediaOne's cable television franchise to AT&T. 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. C. Page 1 of 2 • • • The undersigned hereby certifies that they have the authority to enter into this Agreement: On behalf of MediaOne: B. Y -Gary I. Resnidk, Esq. Regional Director Government & Community Relations STATE OF f L622 1 7� COUNTY OF Sou t u l "-4) Date: � D;-- ( C,2 (� � The foregoing instrument was acknowledged before me this � day of December 1999, by Gary I. Resnick, 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. Notary Public, State -of Florida Ann Leftik ��yrruB� ANN L LEFTIK r MY COMMISSION # CC 710890 qd$ EXPIRES: January 26, 2002 OF 11 1-010 NOTARY Fla Notary Service 6 bonding Co. On Behalf of the City of Tamarac By: _ Date: 12-,L� Jeffrey L.'M i I I e r City Manager Page 2of2