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HomeMy WebLinkAbout1998 06 02 Letter Re: Resolution No. 98-601 Re: Seminole Television Council City of ...cakE cdMaty POST OFFICE BOX 950700 LAKE MARY, FLORIDA 32795-0700 DAVID J. MEALOR Mayor PHONE 407-324-3023 FAX 407-324-3098 June 2, 1998 Commissioner Cindy Genne", Chairman Council of local Governments in Seminole County clo City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Commissioner Gennell: At the lake Mary City Commission meeting held on May 21, 1998, the Commission adopteq. Resolution No. 98-601 approving participation in the Seminole Television Council pursuant to the terms and conditions contained in Section II of the Resolution and authorizing the Mayor to execute the Interlocal Agreement. Acopy .of the Resolution is attached. Please feel free to contact me. if you have any questions. Sincerely, ~~ Carol A. Foster .. .... .... ... City Clerk GARY L. BRENDER GEORGE F. DURYEA THOMAS C. GREENE ALFRED T. CRUMP Deputy Mayor Commissioner Commissioner Commissioner RESOLUTION NO. 98-601 A RESOLUTION OF THE CITY OF LAKE MARY, FLORIDA, APPROVING PARTICIPATION IN THE SEMINOLE TELEVISION COUNCIL; PROVIDING CONDITIONS AND RESTRICTIONS ON THE CITY'S PARTICIPATION IN THE SEMINOLE TELEVISION COUNCIL; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the members of CALNO have proposed the attached lnterlocal Agreement to establish the Seminole Television Council ("Council") and recommend its adoption; and WHEREAS, the purpose of this Council would be for participation in, and use of, television air time, should it become available, to share City business and disseminate other City-related information to the public; and WHEREAS, the City of Lake Mary does not financially obligate itself by approving this Resolution until such time as the City Commission, at a duly held public meeting, may approve the expenditure of City funds for public purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LAKE MARY, FLORIDA, AS FOLLOWS: SECTION I: The City Commission of the City of Lake Mary hereby approves participation in the Seminole Television Council pursuant to the terms and condition contained in Section II herein below and authorizes the Mayor to execute the lnterlocal Agreement Establishing the Seminole Television Council, which is attached hereto as Exhibit "A". SECTION ll: Terms and Conditions. The following terms and conditions shall govern and control the City's participation in the Council: 1) The City shall not incur any financial obligations or expenses by its participation in the Councilor through its execution of the attached Interlocal Agreement unless and until the City Commission, in its sole discretion and at a duly held public meeting, votes to expend public funds towards the creation, management or operation of a government cable television channel. 2) The City may, in its sole discretion, opt out of the attached lnterlocal Agreement and terminate its membership in the Council,without cause and without penalty,upon written notice to all parties to the attached lnterlocal Agreement. SECTION ill: Conflicts. To the extent that this Resolution conflicts with the terms of the attached Interlocal Agreement, the terms of this Resolution shall govern and control over the terms of the attached lnterlocal Agreement. SECTION IV: Severability. In any section or portion ofa section of this Resolution proves to be invalid, unlawful or unconstitutional, it shall not be held to be invalid or impair the validity, force or effect of any other section or part of this Resolution. SECTION V: Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this:J/:J day of /YLaLf ATTEST: (10.()QQ.~^ Carol Foster, City Clerk ,1998. f: \files\dlm\cities\lakemary\res\sem-telev-counciI.60 I : drl Resolution No. 98-601 Page 2 CITY OF LAKE MARY M/lP 26 CITY CLERKS OFFICE INTERLOCAL AGRE~~ ESTABLISHING THE SEMINOLE TELEVISION COTJN'C!L kHIS AGREEMENT entered into this 1997, by a.nd betwe-en day of I (hereafter ColleCtively or indiv:l.dually rafe:!.-red to as llMesmbers (s} ") WIT N B SSE T H: WHEREAs, the part1e5 desi~e to establish a council to aseist in the creation, financing I prcgra.!l'.ming and management of local govarnment and public educational cable television programming for Seminole County, Florida and its residents; and ~, by combining their financial re~ou~ces the Members can realize subatantial moneta.ry s~vings with respect to the capi tal And operating expenses of the government a.nd public educational cablQ television progra.mming; and WHEREAS, th~s Agream.nt torms the b~siQ for the creation of a cteparate admini.trative entity to be known as The Seminole Television Counail (the .Council.) whose powers shall be those set forth in this AgrGElment, together .....ith any other powers est~lished by the Members which are not inconBist.nt with thi~ Agreement. NOW. THEREFORE in consideration of the mutu~l promises a~ cove.'1.a.nt!S contained herein, ..8 well as othe~ good and valuable consicle.ra.tion net c~cifically mentionedJ the part1e~ agree AS follows: 1. Memberahiu. In addition to the Members execo..ltinq this Agre~ment. any murticipal corporation or Special diatrict located within S.minole Coun~y~ Florida, the S~minol. Community College, the Seminole County School Soard and Seminola County, a political subdivision of the State of Florida, may beco~ Members. Upon the affirmative vote of a majority of exiscing Members allowing the new Member, t~ applicant shall execute ~ addendum to thi. Aqreemene ~<2ree1ng to be beund by its terms, as ametl.ded from time to time. A Member may te:-minate 11:8 Il'\i!mbership upon written notice to the Council. ~. Durlltion~ This A~ment shall be effective upon its ~ecuticn by the parties and it.=l filing with the Clerk of the Seminole County Circuit. Ccurt QS provided in 1163.01, Florida Sta~ute.. Thill Agreement may only be termina.ted by the .!fir:na.tive vot. of a majority o~ the Mem!:lers. J. O~aanization. ~ch Member ~hall have one (ll vote which .hall be cast by ita representative who must be present at the m~eting to vot.. ~l meetinqa ahall be open to the public and all Exhibit "A" Members' repre$entetives shall be .ubject to the Florida Gove~nment in the Sunshine Law. E~ch Membe~ $hall designate one (1) represent~tiv. in writing t'? c~st its vote. A m~jority of all exis~ing Members shall const~tute a quorum for the transaction of th. bUQiness of the Council. Ae Boon as practicable, the Council sh~ll ~elect a chairper.on, vice-chairper~on and $ecretary/treasurer ~s it~ officers. Officers &hall ser~e one (1) year terms. The Council shall egta~lish the duties of th~ officers ~nd such other org~izational rules as the Members may approv. from time e.o t.ime. .; . Po.....ers. The Council shall have all pOwers necessary and incidental to create, finance, program and manage local aovernrnent and public educational cable t:elevision programn\ins, buc &Pe.cifically limited as eet: forth in 5163.01, Fla. Stac., and generally as limited by federal and state law. These powe~a sr~ll include but ~hall not be limited to the following; a) . b) . c) . d) . g) . h} . e) . To obtain financial suocore. To accept gifts, grants. or other monies or services. To contract for ~uch equipment, procerey and services necessary to pertorm this Agreement. To establish a separate lega.l or adminiserat.i ve entity it necessary or desirable to perform this Agreement. To provide the manrter in which funds are paid to or dieburaed from the Council. To provide for the equitable allocation of capital and opera-ting expenses among net,<( and existinc: Members of the Council not incon.i.tent with the tems of this Agreement. To determine the acquisition, ownership, custody, operation or maint:enancQ of persona.l propert.y of the Council. To determine the fair and equitable allotment of programming time to each Member. f) . S. Budaet Mat~~rs and ~llocaticn of Exn~nse~. A~ Soon as practicable, th. M.~r8 shall establiah a budget tor th~ capital and operating expe:aes of the Council. The Council .hall determine the period of time which che ittitial budget will cover. The total amount: of budgeted exp4l~.. .hall be equitably ell vid~d by the Member8 to ..tAblish the financial obliga.tion of Qa.ch Member. Theraafter, a. budget. shall ~ established llIUlually, which may consider lIur;:lua cash before allocating expenlSee among the Members. The obligation of. each Member shall mature thirty (30) day~ after the approval of tha budS.t. M.~r paymant~ for their equitable share of expe.~.s .hall be made within thirty (30) dAYS of invoice by the ..crat1--y/treaeuxer. The Council may not exceed the total budgeted expenses without &m.a1"ldin;o the budget. No Member shall be entitled to a return ot any monies if it elects to terminate its membership, r~wever, it thi. Agre~ment is terminatad. th. Membe:s 2 may agree to an equitable disbur$em~nc ~! eh~ remai~ing assecs of che Council. 6. ProCl't"~C!1minc Con~ent. Each Member shall deteI:"mine the cont~nt of all programm~ng in its allotted time, excepc as restricted by Qtate ana/or federal law. 7. Amenoments. This Agreement may be amended by a maj ority Vote ot its Memb~rs, effective upon f11i~g aame with the Clerk of the S~minole County Circuit Court. r.N WITNESS ~F, the parties, h~~ hereunto eet their hands and seals this day of , 1997. Attested Syr Ma.yor ~ Uta.monte Springs PaC$Y Wainright, City Clerk DATED: J. Dudley Eates Attested By: City of Casselbe~ Thelma MoPherson, City Clerk DATED: Bruce A. Pronovost, Mayor Attested By: City of Lake ~ Carol A. Foeter, C1ty Clerk OATED : Oavid J. Mealor, Mayor Approved pursuant to the terms of Resolution No. 98- City ot Longwood Atceseed By: G.rald1ne ~ambri, City Clerk DATED: ~usty MileQ, Mayor Ateestec By: City of OVi.do Cynt:~A s. Sonham, C1CY Clerk OATED: Miriam W. Sr.,1ce, Mayor 3 , < Attested By: Janet R. Daugherty, City Cle~k DATED: Attested By: > ""r ~~" Margo M. Hopkins. City Clerk DATED: Attested By: Maryanne Morse, Clerk of the Court DATED t Attested By: Karen Erightman, Clark to the BOArd OA'I'ED1 Attestad By: DATED : fllU InatlUlltl'lt ~~~ b'y~ nlSlMn II." c:-.. K~4tnhcn. 1IUIltt. ~ c:.a.......... ,..4. z= 1I.,.1ft '.n: A~.. '.0. Ills 1141 hntard. A. J2m'lT49 c:\~t\'iles\..~\~'an.~.r C13/11~ City o~ Sanford Lar=y A. Dale, Mayor city of Winter Springs p;'1:.1 P. Pa.rtyka Seminole County Commission ~n~all C. Morris, Chairman Seminole County School Board Paul J. Hagerty, Superin~~ndent Seminole Community College A.~~ McGee, P~e~ident "