HomeMy WebLinkAboutResolution 99-13
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.
adoption.
This Resolution shall be effective immediately upon its passage and
ADOPTED by the City Commission of the City of Ocoee, Florida, this 1..5J..H day of
June, 1999.
006.142271.2
ATTEST:
.I>t t'1Jl ; 12 ~ ../1J Ad t1.u )
Jean Grafton, City Clerk
~ ~c.P"4J
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TQ j:.ORM AND
LE9L\LITY this I.) day of
~ UN' ,1999.
FOLEY & LARDNER
By:J~~ ~
City Attorney
006.142271.2
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON :r U.N E: H~ , 1999
UNDER AGENDA ITEM NO. \TTT B.
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 1S,. H day of J' u. No E' , 1999, by and between
the CITY OF OCOEE, FLORIDA, a Florida municipal corporation (hereiriafter "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 V.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.
Print Nam~b ~
CITY OF OCOEE,
:~I;;;;~~J-
S. Scott Vandergrift, ayor
Attest: JrLl)h".nJW.J.l1A' (AI. 'J
Jean Grafton, City Clerk
MAA.'&AN GAI"H, k.u.N.(Y Cnv Cc.U.c
(SEAL)
WITNESSES:
p~~i,fif't;jt!~mler
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
L~ALITY this 'j(" day of
~VN2,.. ,Im
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON -.J" 11 N e: I ~ , 1999
UNDER AGENDA ITEM NO."UTT Pl
F01;Z~
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 if well known to me to be the Mayor and City Clerk~espectively, 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 I ~ day of
:JU"-'E: ,1999.~Mfl\"1.tII'" GtE'''' tc tr At.T-=to&G- -
~ . ~
Sign r~t:l>
(! fi:TII t \1: -S, / /J
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal):
My Commission Expires (if not legible on seal):
OFFICIAL NOfARYSEAL
CATHY J SlLLS
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC522887
MY COMMISSION EXP. IAN. 7,2000
~,.""",_.....~
006.142271.2
2
~
AGREED TO AND ACCEPTED BY
FRANCmSEE:
.o~
AS TO "FRANCHISEE
."' r
CABLEVlSION INDUSTRIES OF< ~CEiN.TRAtI:
FLORIDA, INC., d/b/a T.IJ\1E WARNER
::0~~
David E. Ot'Bayte .
Title: \(;'U, ~ <; e ~ i . Jc ('\;'",
vice President
Date: q / i; Jaq
I /
WITNESSES:
C)~~I?~~
AS TO "FRANCHISE "
(CORPORATE SEAL)
"STATE OF (JON N fertLU I
COUNTY OF +=A ,(U::iF LD
I HE~BY CERTIFY that on this ~~ay. of C:;p f-+~ (;.efi 1999. before me, a
Notary PublIc of the State of (l otJN[CTl( i fI , In and for ,
, personally appeared ~ If I h T-> n 'I-\CA..Uk(' , wen
known to me to be the ,(( 0 -Pc(?C, \ ~Q.' -t- of Cablevision dusn-ies of
Florida, Inc., d/b/a Time Warner Communication and he/she acknowledged exe"curing the .
foregoing Extension Agreement as the true act and deed of said Company, He!she is [)8
personally known to me, or [ ] produced as: identification.
AS WITNESS my band and~O~~l .. .... f1
.NOTARYPUBLlC ~/~~ ---r..2, VJ~
MY COMMlSSION EXPIRES: ~.
AMY E. VRZAL
NOTARY PUBLIC
MY COMMISSION EXPIRES 12/31/2001
006.14.22.7' .2.
3