HomeMy WebLinkAboutResolution 2002-38 Cable TV Franchise
RESOLUTION NO. 2002-38
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AUTHORIZING
THE TRANSFER AND ASSIGNMENT OF ITS CABLE
TELEVISION FRANCHISE FROM TIME WARNER
ENTERTAINMENT COMPANY, L.P. TO TWEAN
SUBSIDIARY, LLC; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City") received
on or about July 22,2002, from Time Warner Entertainment, L.P. d/b/a Time Warner Cable ("Time
Warner") a Federal Communications Commission Application For Franchise Authority Consent to
Assignment or Transfer of Control of Cable Television Franchise (FCC 394), wherein it desires to
transfer and assign its interest in the City's cable franchise from Time Warner to a new wholly-owned
subsidiary, Time Warner Entertainment-Advance/Newhouse Partnership, TWEAN Subsidiary LLC
("Subsidiary"), in order to continue the provision of cable services to the citizens of Winter Springs;
and
WHEREAS, it is the intent of the transfer and assignment for Subsidiary to continue to
provide cable services in accordance with the terms and obligations set forth under the cable franchise
agreement entered into between the City and Time Warner, which expired, pursuant to an extension
of its original term by adoption of Emergency Ordinance 2001-60, on March 31, 2002, but has
remained in effect on a month-to-month basis consistent with the Cable Communications Policy Act
of 1984 and the Telecommunications Act of 1996; and
WHEREAS, it is the further intent of the City to transfer and assign its cable franchise to
Subsidiary in accordance with the submitted FCC 394, providing it with those limited rights and
entitlements as Time Warner may have as it operates the City's cable franchise on a month-to-month
basis until a new cable franchise agreement is executed; and
WHEREAS, the City Commission deems it to be in the best interests of the health, safety,
and welfare of the citizens of the City to grant and approve Time Warner's application to transfer and
assign its interest in the City's cable franchise to Subsidiary,
Resolution 2002-38
City of Winter Springs
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
resolution,
Recitals. The foregoing recitals are affirmed and incorporated as part of this
Section 2. Approval of Transfer and Assignment. Upon consideration of and reliance upon
the material representations made by Time Warner and Subsidiary in their FCC 394 Application For
Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise and
upon further consideration of the information contained therein together with the supplemental
information and documents provided by Time Warner and Subsidiary in support thereof, the City
approves and agrees to the transfer and assignment of its cable franchise from Time Warner to
Subsidiary, including any such other name in which Subsidiary intends to conduct business thereafter,
In its approval of the transfer and assignment, the City recognizes that Advance/Newhouse
Partnership will manage the day-to-day operations of Subsidiary and will assume and be wholly
responsible for providing quality cable services to the City consistent with the terms and obligations
of the existing month-to-month cable franchise agreement between Time Warner and the City and
thereafter upon the execution of a new cable franchise agreement, Furthermore, the City
acknowledges that it will approve the subsequent transfer offull control and ownership of Subsidiary
to Advance/Newhouse Partnership providing that full and continued compliance with the terms and
conditions of the City's cable franchise agreement are satisfactorily met.
Section 3. Severability. If any section, clause, phrase, word, or provision is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural
reasons, 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 resolution,
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted
by the City Commission are hereby repealed,
Section 5. Effective Date. This resolution shall become effective immediately upon passage by
the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter.
Resolution 2002-38
City of Winter Springs
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DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this 11 th day of November 2002.
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ANTHONY A. GARGANESE, City Attorney
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Resolution 2002-38
City of Winter Springs
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