HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-002Temp. Ord. #1882
12/16/99
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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
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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.
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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:
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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
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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/
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+NYC ANN L. LEFrIK
.� MY COMMISSION # CC 71089
EXPIRES: January 26, 2002
14800.3NOTARY Fla. Notary Samoa 6 Bonding Ca.