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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-002Temp. Ord. #1882 12/16/99 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2000- D a AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FIFTH EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA AND MEDIAONE OF GREATER FLORIDA, INC. (MEDIAONE) EXTENDING THE FRANCHISE AGREEMENT TO MARCH 22, 2000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABLILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to provide for a fifth 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 Temporary Ordinance No. 1879 and expiring January 12, 2000; and WHEREAS, it is in the best interest of the City of Tamarac and its citizens to approve a fifth 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 fifth extension to the Cable Television Franchise Agreement. Temp. Ord. #1882 12/16/99 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 extension of the Cable Television Franchise and Extension Agreement between the City of Tamarac, Florida and MediaOne extending the Franchise Agreement until March 22, 2000 (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. I 1 1 Temp. Ord. #1882 12/16/99 Pam._ 3 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED FIRST READING this A day of 1999. PASSED, ADOPTED AND APPROVED SECOND READING thisj,�day of , 2000. ATTEST: CAROL GOLD, MC/AAE City Clerk I HEREBY CERTIFY that I have a6broued this RESOLUTION as MITCNELL S. KRA City Attorney J SCHREIBER -Mayor DIST 1: DIST M DIST 9: rm. DIST * Temp. Ord. No. ��Z 1101 "EXHIBIT A" FIFTH EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT between THE CITY OF TAMARAC, FLORIDA and MEDIAONE OF GREATER FLORIDA, INC. This CABLE TELEVISION FRANCHISIFIFTH EXTENSION AGREEMENT, � executed this Aday of (/G'. , by and between the CITY OF TAMARAC, FLORIDA, a municipal corp ration 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 fourth extension agreement expires on January 12, 2000; 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 January 12, 2000; 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: 0 Page 1 of 3 E reference. Temp. Ord. No. L ffY?- "EXHIBIT A" The above recitals are true and correct and incorporated herein by 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 March 22, 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. WITNESSES: • AS TO CITY AS TO CITY ATTEST: Carol Gold, AAE/CMC CITY CLERK • CITY OF TAMARAC, FLORIDA a Municipal Corporation of the State of Florida Job chreiber MA► OR APPROVED: Jeffrey L. Miller CITY MANAGER ENDORSED AS TO FORM & LEGALITY FOR THE USE AND RELIANCE OF�HE CITY -OF TAMARAC, FLORIDA,.OfVLY. Mitchell S. Kraft " CITY ATTORNEY Page 2 of 3 C7 • Temp. Ord. No. �f "EXHIBIT A" FIFTH EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITNESSES: AGREED TO AND ACCEPTED BY FRANCHISEE: MEDIAONE OF GREATER FLORIDA, INC, "-1 AS TO FRANCHISEE A O FRA,,NCHISEE STATE OF `'y 2 /,/:�+ I HEREBY CERTIFY, that on this TITLE: DATE: CORPORATE SEAL , to wit: day of D�'£/r1 , 1999, before me, the subscriber, a Not Public of the State of F L2 o[p in and for _ /�w�k Z)64JI(Ily�, , and acknowledged the foregoing Fifth Extension of Cable Franchise Agreement in Tamarac, Florida, to be the act and deed of said Company. AS WITNESS my hand and Notary Seal. NOTARY PUBLIC MY COMMISSION EXPIRES:24-41e/ 0 Page 3 of 3 +NYC ANN L. LEFrIK .� MY COMMISSION # CC 71089 EXPIRES: January 26, 2002 14800.3NOTARY Fla. Notary Samoa 6 Bonding Ca.