HomeMy WebLinkAbout2001 12 10 Consent H Emergency Ordinance - Extension of Cable Franchise Terms
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COMMISSION AGENDA
December 10, 200 I
Meeting
Consent X
Informational
Public Hearing
Regular
I }/rf (
Mgr. / Att. / Dept.
ITEM H
REQUEST:
Approve an emergency ordinance extending the cable franchise term in favor of Time Warner Cable
until March 1, 2002.
PURPOSE:
The non-exclusive cable franchise in favor of Time Warner Cable is scheduled to expire on
December 31,2001. The City Attorney's Office has prepared a cable franchise agreement and it will
be sent to Time Warner Cable for review. There has not been a finalization of the agreement and
there remains only one meeting of the City Commission prior to the expiration of the franchise. The
extension of the franchise term will provide the Staff and Time Warner Cable ,additional time to
finalize the agreement and bring it forward for public hearing and comment.
APPLICABLE LAW AND PUBLIC POLICY:
City Ordinance Number 65, effective November 1, 1971, commonly referred to as the Cablevision
Franchise Ordinance, as amended.
Section 2(b), Article VIII, of the State Constitution.
Section 4.14 of the City Charter
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CONSIDERA TIONS:
Staff has prepared a draft franchise agreement. An extension of the term wi II provide continuous
service to the citizens of Winter Springs and provide Staff and TWC the time necessary to complete
the process.
STAFF RECOMMENDATION:
The City Attorney recommends the City Commission approve the Emergency Ordinance extending
the cable franchise term to March 31, 2002.
ATTACHMENT:
Ordinance No.: 2001-60
Correspondence from TWC dated 12-5-01
COMMISSION ACTION:
F:IDOCSICity of Winter SpringslAgendalCable Franchise Extension-Ord,200 1-60,wpd
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5/01 12:28PM;
13:29 FAX 4072155536
4072155536 -> BROWN,WARD,SALZMAN&WEISS,PA; Page 2
TIME WARNER COMM (4) 002
2251 Luei<n Way
.well/lulld, FL 32751
Td 407-215-5524
Fax 407.215.5536
Diane B. Pickett
Vice Pre,'idel1/, Public AjfairJ
wid G(Jv~nl",enl RdC1r;(}IIS
~ TIME WARNER
~ CABLE
December 5, 2001
VIA FEDERAL EXPRESS
Mayor and Commissioners
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
Dear Mayor and Commissionel s:
Since we have not yet conclude d franchise renewal proceedings, we wanted to assure you that
Time Warner Entertainment Cc mpany, L. P. dba Time Warner Cable will continue to operate
under and comply with the tern IS and conditions of its franchise until a renewal agreement is
reached with the City. Time Vllrner Entertainment Company, L. P. (TWE) dba Time Warner
Cable and the City reserve all r ghts under the Cable Act with respect to renewal of this franchise
and agree that this agreement i: without prejudice to such rights. In particular, the renewal
notice under Section 626(a), ha ving been timely given, shall remain effective and notice need not
be given again and renewal 0 f 1 he franchise shall take place in accordance with the provisions of
the Cable Act.
We look forward to reaching a mutually beneficial franchise renewal with the City. If you have
any questions, please call me.
Sincerely,
j)J~
Diane Pickett
DBP:bhj
cc: Ron McLemore, City ]\ tanager
Anthony Garganese, 'C ty Attorney
Jerry Martin, Time Wa 'ner
John Fogarty, Time W; !rner
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ORDINANCE NO. 2001-60
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA EXTENDING THE TERM OF THE FRANCHISE IN
FA VOR OF TIME WARNER CABLE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under S2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Charter requires that any grant or extension of a franchise shall be by
ordinance; and
WHEREAS, a draft Franchise Agreement has been prepared and is being reviewed by Time
Warner Cable and Staff; and
WHEREAS, there remains only one scheduled meeting of the City Commission prior to the
expiration of the existing franchise; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Franchise Term Extension: The existing cable franchise, in favor of Time
Warner Cable, is set to expire on December 31, 2001. The term of the franchise is extended until
March 31,2002 to provide additional time for Staff and Time Warner Cable to finalize an agreement
and bring the same forward for City Commission consideration.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
City of Winter Springs
Ordinance No. 2001-60
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".
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of December, 2001.
PAUL P. PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
Effective Date:
F:\DOCS\City of Winter Springs\Ordinances\TWC Extension Ord 200 (-60. wpd
City of Wintcr Springs
Ordinancc No. 2001-60
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