HomeMy WebLinkAboutVII (B) Discussion/ Adoption of Resolution No. 99-13, Extension of Time Warner Cable Franchise Agenda 6-15-99
Item VII B
"CENTER OF GOOD LIVING-PRIDE OF WESTORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFI'
Ocoee
COMMISSION6R5
oya CITY OF OCOEE DANNV HOWELL
t O. 150 N. LAKIISIIOItI!DItIVN SCOTT ANDERSON
v ����iii OCOEE,PLORIDA 34761-2258 RUSTY IOHNSON
NANCV J. PARKER
of (407)656-2322
CIT1'MANAGER
f4 0f 0000 V` ELLIS SHAPIRO
Staff Report
Date: June 8, 1999
To: The Honorable Mayor and City Commissioners
From: Janet G. Shira, Community Relations/Projects Director
Subject: Extension for Cable Television Franchise Agreement
Issue
Should the Mayor and City Commissioners approve a 90-day extension to the current cable television
franchise agreement with Cablevision Industries of Florida, Inc., D/B/A Time Warner
Communications?
Background and Discussion
On May 20, 1999, the City Commission held a workshop to discuss cable television and the upcoming
renewal of the cable television franchise agreement with Timc Warner. At that meeting, staff
explained that although the City and Time Warner representatives were working towards a mutually
acceptable agreement, it did not appear that the necessary discussions and public hearings could
conclude prior to the expiration of the franchise which is July 2, 1999.
Braulio Baez of Leibowitz and Associates, the City's special counsel for cable television matters, has
proposed a 90-day extension to the current franchise. Mr. Baez believes this time period will allow
sufficient time for the City and Time Warner to resolve the remaining issues concerning renewal of the
franchise, and accommodate the City's notice requirements for the granting of such.
The attached Resolution 99-13 formally extends the current franchise to October 2, 1999.
Recommendation
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve Resolution
99-13 which extends the current franchise agreement with Cablevision Industries of Florida, Inc.,
D/B/A Time Warner Communications to October 2, 1999.
cc: Ellis Shapiro, City Manager
Wanda Horton, Finance Director
Paul Rosenthal, City Attorney i
-
<i
RESOLUTION NO. 99-13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA APPROVING AN EXTENSION OF THREE (3)
MONTHS OF THE CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY OF OCOEE, FLORIDA AND CABLEVISION
INDUSTRIES OF FLORIDA, INC., D/B/A TIME WARNER
COMMUNICATIONS (TWC); AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE SAID EXTENSION AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE THEREFOR
WHEREAS, Time Warner Communications operates a cable system in the City of
Ocoee pursuant to a Franchise granted pursuant to Ordinance No. 786 and amendments thereto
of the City of Ocoee; and
WHEREAS, the aforestated Franchise expires on July 2, 1999; and
WHEREAS, the City of Ocoee and Time Warner Communications (TWC) have
entered into negotiations for the renewal of the cable television franchise agreement; and
WHEREAS, the City Commission has determined that it is in the best interest of the
citizens of Ocoee to enter into a three (3) month extension of the current cable franchise
agreement;
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Ocoee, Florida as follows:
Section 1. The three (3) month extension of the Cable Television Franchise
Agreement between the City of Ocoee, Florida and Cablevision Industries of Florida, Inc.,
d/b/a Time Warner Communications (TWC) and attached as Exhibit "A" hereto is hereby
approved.
Section 2. The Mayor and City Clerk are hereby authorized to execute an extension
to end on October 2, 1999 of the current Cable Television Franchise Agreement with Time
Warner.
Section 3. This Resolution shall be effective immediately upon its passage and
adoption.
ADOPTED by the City Commission of the City of Ocoee, Florida, this day of
June, 1999.
006.142271.2
ATTEST: CITY OF OCOEE, FLORIDA
By:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 1999
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1999.
FOLEY & LARDNER
By:
City Attorney
006.142271.2 2
EXHIBIT "A"
EXTENSION OF THE CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN
THE CITY OF OCOEE, FLORIDA
AND
CABLEVISION INDUSTRIES OF FLORIDA, INC.
d/b/a TIME WARNER COMMUNICATIONS
(TWC)
THIS CABLE TELEVISION FRANCHISE EXTENSION AGREEMENT, (this
"Extension Agreement") executed this day of , 1999, by and between
the CITY OF OCOEE, FLORIDA, a Florida municipal corporation (hereinafter "City") and
CABLEVISION INDUSTRIES OF FLORIDA, INC.,- d/b/a TIME WARNER
COMMUNICATIONS (hereinafter "TWC").
WITNESSETH:
WHEREAS, TWC currently operates a cable television system in the City pursuant to
a Franchise Agreement granted pursuant to City of Ocoee Ordinance No. 786, as amended (the
"Cable Franchise Agreement"); and
WHEREAS, the existing franchise expires on July 2, 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 Ocoee, Florida is negotiating with TWC for renewal of its
cable franchise agreement; however, both parties agree that the renewal agreement may not be
completed prior to July 2, 1999; and
WHEREAS, the City Commission of the City of Ocoee has determined that it is in the
best interest of the citizens of the City of Ocoee to extend the existing cable franchise
agreement in order to provide time for the negotiation of a renewal agreement with TWC.
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.
2. The Cable Franchise Agreement between the City and TWC is hereby amended
to extend the expiration date of the Cable Franchise Agreement to October 2, 1999.
3. All terms and conditions of this Extension Agreement shall be deemed effective
as of the original date of expiration of the Cable Franchise Agreement.
006.142271.2
IN WITNESS WHEREOF, the parties hereto have caused this Extension Agreement
to be executed as of the day and year first hereinabove written.
WITNESSES: CITY OF OCOEE,
a Florida municipal corporation
By:
Print Name: S. Scott Vandergrift, Mayor
•
Attest:
Jean Grafton, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY TIE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 1999
LEGALITY this day of UNDER AGENDA ITEM NO.
, 1999.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and
JEAN GRAFTON well known to me to be the Mayor and City Clerk, respectively, of the CITY OF
OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in
the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by
said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,1999.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if no,legible on seat):
My Commission Expires(if not legible on seal):
006.142271.2 2
AGREED TO AND ACCEPTED BY
FRANCHISEE:
WITNESSES: CABLEVISION INDUSTRIES OF
FLORIDA, INC., d/b/a TIME WARNER
COMMUNICATIONS
By:
AS TO "FRANCHISEE"
Title:
AS TO "FRANCIIISEE Date:
(CORPORATE SEAL)
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day of , 1999, before me, a
Notary Public of the State of , in and for
, personally appeared well
known to me to be the of Cablevision Industries of
Florida, Inc., d/b/a Time Warner Communication and he/she acknowledged executing the
foregoing Extension Agreement as the true act and deed of said Company. He/she is [ ]
personally known to me, or [ ] produced as identification.
AS WITNESS my hand and Notary Seal.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
006.142271.2
3