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97-R-30 '-' "" RESOLUTION NO. 97-R-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, CABLEVISION INDUSTRIES IS THE HOLDER OF A FRANCHISE AGREEMENT WITHIN THE CITY OF EDGEW A TER PURSUANT TO ORDINANCE NO. 84-0-08; CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. IS CURRENTL Y OWNED BY TIME WARNER COMMUNICATION; DUE TO REORGANIZATION THE FRANCHISE AGREEMENT IS BEING TRANSFERRED INTO THE NAME OF TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP ("TWEAN"); REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 4, 1984, the City Council ofthe City of Edgewater, Florida, adopted Ordinance No. 84-0-08 renewing the non-exclusive Cable Television Communications System Franchise with Cablevision Industries of Central Florida, Inc. (Cablevision Industries); WHEREAS, Cablevision Industries is currently the holder of a non-exclusive franchise (Franchise) to provide cable television service for the City of Edgewater; WHEREAS, pursuant to the Franchise, the Franchise or control thereof, shall not be transferred or assigned without prior written consent ofthe City and a hearing within thirty (30) days. Such consent shall be given only after a hearing upon a written application on forms to be prescribed by the City. The application for consent to such transfer or assignment shall be signed by Cablevision Industries and by the proposed transferree, assignee or their representatives, evidence of whose authority shall be submitted with the application form; WHEREAS, Cablevision Industries has proposed to transfer the Franchise to Time Warner Entertainment-Advance/Newhouse Partnership; and WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership will be bound by the terms and conditions of the Franchise subject to applicable law. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Insofar as it may be necessary or advisable under the Franchise, transfer of the Franchise and the cable television system operating pursuant to the Franchise from Cablevision Industries of Central Florida, Inc. to Time Warner Entertainment-Advance/Newhouse Partnership 97-R-30 1 r (including any necessary transfers through one or more Time Warner entities) is hereby authorized and consented to in all respects. Section 2. AD resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on this resolution was as follows: Mayor Randy G. Allman AYE Councilman Jim Gomm AYE Councilman Myron F. Hammond AYE Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE PASSED AND DULY ADOPTED this 15th day of December, 1997. CITY COUNCIL OF THE CITY OF EDGEWATER, ORIDA B21 �� /Rudy G. Altman Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton Interim City Attorney 97-R-30 2