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Home My WebLink AboutVII (A) Discussion/ Adoption of Resolution No. 99-14, Extension of Time Warner Cable Franchise Agenda 9-21-99 Item VII A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS O� 1.6 CITY OF OCOEE DANNYHOWELL 4ISCOTT ANDERSON �� •Lti 2 150 N. LAKLSIIORE DRIVE, RUSTY JOHNSON C OCOEE,FLORIDA 34761-2258 NANCY I.PARKER r. (407) 656-2322 F,J. ? CITY MANANR jf*Cf noel Staff ELLIS SHAPIRO Staff Report Date: September 17, 1999 To: The Honorable Mayor and City Commissioners From: Janet G. Shira, Community Relations/Projects Director Subject: Extension for Cable Television Franchise Issue Should the Mayor and City Commissioners approve an 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 Time 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 was originally July 2, 1999. To provide additional time, the Commission approved Resolution 99-13 in June, formally extending the franchise to October 2, 1999. Although it appears the City and Time Warner are close to reaching agreement on the remaining issues, the City's legal counsel is recommending one more extension to the current franchise in order to provide time to finalize the franchise renewal document. A representative from Leibowitz & Associates will be at your meeting Tuesday night to answer any questions you may have. Recommendation Staff respectfully recommends that the Mayor and City Commissioners approve Resolution 99-14 which extends the current franchise agreement with Cablevision Industries of Florida, Inc., D/B/A Time Warner Communications to November 2, 1999. cc: Ellis Shapiro,City Manager Wanda Horton,Finance Director Man Leibowitz,Leibowitz&Associates John Fogarty,Time Warner Diane Pickett,Time Warner OK 7 RESOLUTION NO. 99-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA APPROVING AN EXTENSION OF ONE (1) MONTH 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 October 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 one (1) 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 one (1) 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 November 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 , 1999. 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 THE CITY OF OCOEE, FLORIDA; CITY COMMISSION AT A APPROVED AS TO FORM AND MEETING HELD ON LEGALITY this day of , 1999 , 1999. UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 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 October 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 October 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 November 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. 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 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 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 , 19999. Signature of Notary Name of Notary (Typed,Printed,Stamped) Commission No. (if not legible on seal): My Commission Expires (if not legible on seal): AGREED TO AND ACCEPTED BY ., FRANCHISEE: WITNESSES: CABLEVISION INDUSTRIES OF FLORIDA, INC., d/b/a TIME WARNER COMMUNICATIONS By: AS TO "FRANCHISEE" Title: Date: AS TO "FRANCHISEE" (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: