HomeMy WebLinkAboutResolution 99-14
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 21 ST
day of SePTEtI\8.1Ul ,1999.
ATTEST:
CITY OF OCOEE, FLORIDA
>1.. /1h;;7~ )~AJ}'~
Jean Grafton, City Clerk
MI\"'\"t\ G,UK I fl\ett.~" CUY C &.41UI.
(SEAL)
By:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
AP.PROVED AS T,Q rORM AND
~ this (j day of
~ , 1999.
FOLEY & LARDNER
APPROVED BY THE OCOEE
CITY COMMISSION AT A
MEETING HELD ON
S/ili)TI!N\"\! IL ~ I ,1999
UNDER AGENDA ITEM NO.
V1T A
By: tJ'{~
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 2.1 ST day of Sa! ~r gh\AI: l:to 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:
d~AAJ~~
Print Name: e.R.R TTN E.R
cfrvnJ ~
Print Name:- P12fhV 60 S ~l-L-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TQ fORM AND
LE~ th!~ <,j. day of
~~ 1 ,1999.
FOLEY & LARDNER
By: flaJ<;~
City Attorney
STATE OF FLORI DA
COUNTY OF ORANGE
CITY OF OCOEE,
a Florida municipal cor; oration
Attest: ~dA;"M ) J.".. )
ean Grafton, City Clerk
M"'~'tAI\l G-.UN. A.r.T~Nc;. C",ry C~Q',~~
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON SSPl'frN'dUR. 1.1 ,1999
UNDER AGENDA ITEM NO. \TTT ~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take icknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON well known to me to be the Mayor and City Clerk,tr-l
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. ~ f'4\"""'1Jio!.IIl G~Ii't4 ..tc I:\r;n li8 Cl....v C\.("~
WITNESS my hand and official seal in the County and State last aforesaid this
.~ J day of S6-P TCM6B( ,1999.. ~~~
, ).. '1
nUUvwtL J.x;uu~
Signature of Notary
HllfUSI1 ./)f1WSDtJ
Name of Notary (Typed, Printed, Stamped)
Commission No. (if not legible on seal):
My Commission Expires (if not legible on seal):
09/21/99 13:58 FAX 4076605536
WITNESSES:
(J'b ok, f(c, J/;~
AS TO UFRANCIllS
~W
AS TO ''F BE"
TIME WA&~ER COMM
f4J 008/008
AGREED TO AND ACCEPTED BY
FRANCmSEE:
CABLEVISION INDUSTRIES OF
CENTRAL FLORIDA, INC. DlB/A
TIMEillRCOMMUNICATlONS
By: ~~
DAVIDE. ~
Title:
Vice President
Date: Spph:>mhAr '1, 1999
.(CORPORATE SEAL)
.
STATE OF C-c!)~~~c...3\
COUNTY OF f.Gt~t"~'-e \L
I HEREBY CERTIFY that on this..aL day of Se~e M \00 1999. before me, a
Notary Public of the State of c...o "',^-'l ~',-.:;\ . in and for "'"D~.... a... O\\1a.;tav't ,known
to me to be the \J l'C+ ~...~ S I A.L>~ of Cablevision Industries of Central Flori a, Inc.) d/b/a
Time Warner Communications and he/she acknowledged executi!)8" the foregoing Extension
Agreement as the. true act and deed of said Company. He/She is [V] personally known to me, or
[ ] produced as identification.
AS WI1NESS my hand and Nota!}' SeaL
", .:::J:!9TARY'PEB~lC~l).... ~~
.......... "'"
_ ::: !~OO~ON EXPIRES:
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