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HomeMy WebLinkAboutOrdinance 2001-60 Time Warner Cable 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 FAVOR 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 2(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adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.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 Page 1 of 2 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, 2002. PAUL P. PARTYKA Mayor ATTEST: LORENZO-LUACES Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney Effective Date: December 10, 2001 F:\DOCS\City of Winter Springs\Ordinances\TWC Extension Ord 2001-60.wpd City of Winter Springs Ordinance No. 2001-60 Page 2 of 2