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HomeMy WebLinkAboutResolution 2002-22 CITY OF OCOEE FLORIDA Resolution No. 2002 - 22 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, APPROVING THE TRANSFER OF A FRANCHISE AND FRANCHISE AGREEMENT FROM TIME WARNER ENTERTAINMENT -ADV ANCE/NEWHOUSE PARTNERSHIP, D/B/A TIME WARNER COMMUNICATIONS, TO TWEAN SUBSIDIARY, LLC, PURSUANT TO THE CITY OF OCOEE, FLORIDA CABLE TELEVISION CODE, ADOPTED BY ORDINANCE NO. 99-37, TO OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OCOEE, FLORIDA, AND SETTING FORTH CONDITIONS ACCOMPANYING THE TRANSFER OF SUCH FRANCHISE AND FRANCHISE AGREEMENT AND PROVIDING FOR REGULA TION AND USE OF SUCH SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE THEREFORE. WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.c. SS 521 et ~, the City of Ocoee, Florida, may grant, renew and transfer franchises to construct, operate and maintain cable television systems; and WHEREAS, on December 7, 1999, the City Commission ofOcoee, Florida ("Commission") adopted Ordinance No. 99-37 ofthe City ofOcoee, Florida ("Ordinance"), providing for the issuance and regulation of non-exclusive franchises for the construction, maintenance and operation of cable television systems within the City; and WHEREAS, by Resolution No. 2000-02, the City granted a franchise to and entered into a Franchise Agreement with Time Warner Entertainment-Advance/Newhouse Partnership, d/b/a/ Time Warner Communications ("Time Warner"), to construct, maintain and operate a cable television system in the City; and WHEREAS, the construction, maintenance and operation of such a system involves the use and occupation of the streets of the City, over which the City exercises governmental control; and WHEREAS, Time Warner has substantially complied with the material terms of its franchise and 1 Franchise Agreement with the City; and WHEREAS, on or about July 19, 2002, Time Warner filed an application with the City to transfer its said franchise and Franchise Agreement to a new wholly-owned subsidiary, TWEAN Subsidiary, LLC ("TWEAN"); and WHEREAS, the Commission has evaluated (or caused to be evaluated by the City staff and consultants) the transfer application in light of the requirements of federal and state law and the Ordinance; and WHEREAS, the Commission has relied upon the representations made by Time-Warner and TWEAN and has considered all information presented to it by those entities, and the City staff and consultants; and WHEREAS, based upon the representations made by Time-Warner and TWEAN, and the review and recommendation of the City staff and consultants, the Commission has determined that the transfer application substantially complies with the requirements of Section 57 -8(E)( 1) through (5) and Section 57-24, Code of the City ofOcoee; and WHEREAS, the Commission has determined that the proposed transferee, TWEAN, has the legal, financial, and technical capacity to operate the system and that the operation of the system by TWEAN would not adversely affect cable services to subscribers or otherwise be contrary to the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE: Authority. The City Commission of the City ofOcoee, Florida has the authority to adopt this Resolution pursuant to Article VIII ofthe Constitution ofthe State of Florida; Chapter 166, Florida Statutes; the Charter ofthe City ofOcoee; and City ofOcoee Ordinance No. 99-37. SECTION TWO: Approval of Transfer of Franchise and Franchise Agreement. The City of Ocoee hereby approves the transfer of the franchise and the Franchise Agreement granted by Resolution No. 2000-02 to construct, maintain and operate a cable television system in the City of 2 Ocoee, Florida, from Time Warner Entertainment-Advance/Newhouse Partnership, d/b/a! Time Warner Communications, to TWEAN Subsidiary, LLC, subject to the terms and conditions set forth in Ordinance No. 99-37, Resolution No. 2000-02, and herein. SECTION THREE: Affidavit. Within thirty (30) calendar days ofthe date of adoption of this Resolution, TWEAN shall agree in writing, in the form of an affidavit signed by a duly authorized officer of TWEAN and acceptable to the City Attorney, that it will abide by and accept all terms of Ordinance No. 99-37, Resolution No. 2000-02, the Franchise Agreement, and this Resolution and that it will assume the obligations and liabilities of Time Warner thereunder. SECTION FOUR: Federal Communications Commission. In the event that the Federal Communications Commission objects to the transaction between Time Warner and TWEAN, this Resolution and the approval of the transfer of the franchise and the transfer ofthe Franchise Agreement contained herein shall be rendered null and void. SECTION FIVE: Representations. As a specific condition ofthe approval ofthe transfer ofthe cable television franchise and Franchise Agreement contained herein, TWEAN shall comply with all representations contained in the application for transfer filed with the City of Ocoee, including, but not limited to, those letters from Time Warner Cable's Vice President of Public Affairs and Government Relations to the City of Ocoee dated July 19, 2002 and July 26, 2002, and the FCC Form 394 and Exhibits thereto. SECTION SIX: Repeal of Conflicting Resolutions. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION SEVEN: Savings Clause. All rates, fees, charges and financial obligations previously accrued by Time Warner pursuant to Resolution No. 2000-02 shall continue to be due and owing until paid. SECTION EIGHT: Severability. If any part, section, subsection, or other portion of this Resolution or any application thereofto any person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the proscribed application 3 thereof, shall be severable, and the remaining provisions of this Resolution, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or proscribed provision or application was an inducement to the enactment of this Resolution, and that it would have enacted this Resolution regardless of the invalid or proscribed provision or application. SECTION NINE: Applicable Law. This Resolution shall be construed in accordance with the laws of the State of Florida and is subject to other applicable federal and local laws. SECTION TEN: Effective Date. This Resolution shall take effect immediately upon passage by the City Commission. PASSED AND ADOPTED THIS S~DAY OF N o(){;t11.86-te..... ,2002. CITY OF OCOEE, FLORIDA /l S S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 5th day of November, 2002. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON tJ 0 L) 6 M 0bte... S- , 2002. UNDER AGENDA ITEM NO. t.M6R66A)(l.f /Tb*\ FOWLER, BARICE, FEENEY & O'QUINN, P.A. Special Counsel to the City of Ocoee, Florida By: ad ~, ~~~. ~ 4