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430C -. RESOLUTION NO. 430 A RESOLUTION OF APPROVAL OF THE CITY COUNCIL OF THE MAKING OF AN AGREEMENT BETWEEN THE TM COMMUNICATIONS COMPANY OF FLORIDA AND FLORIDA POWER AND LIGHT COMPANY FOR THE USE OF THE POLES OF > SAID POWER COMPANY IN THE OPERATION OF THE CABLE TELEVISION COMPANY PURSUANT. TO THE PROVISIONS CONTAINED IN ORDINANCE NO. 663 OF THE CITY OF EDGEWATER, FLORIDA GRANTING A NON-EXCLUSIVE FRANCHISE TO SAID CABLE TELEVISION COMPANY, AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, the City of Edgewater has granted a franchise to The TM Communications Company of Florida. by and through Ordinance No. 663 to operate and maintain a communication television system in said City, and WHEREAS, The TM Communications Company of Florida has begun negotiations with Florida Power and Light Company, the grantee of an electric franchise in the City of Edge- water, Florida for an agreement to permit The TM Communications Company of Florida to use the poles of said power company in connection with the community television system, and WHEREAS, both franchisees desire the approval of the City Council of the City of Edgewater, Florida of the making of such agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council hereby approves the making of an agreement by and between The TM Communications Company of Florida and the Florida Power and Light Company whereby said Cable T.V. Company shall use the poles of said power company in its operation under the provisions of Ordinance No. 663, which said agreement shall be consistent with the purposes and conditions set forth in said Ordinance No. 663. SECTION 2. That all Ordinances or parts of Ordinances and all Resolutions and parts of Resolutions in conflict herewith be and the same are hereby rescinded. SECTION 3. That this Resolution shall take effect immediately upon its adoption by the City Council and approval by the Mayor. The above and foregoing Resolution was presented by Councilman Severance who moved its adoption, said motion being seconded by Councilman Wiggins r and, upon roll call vote, the said Resolution was duly declared adopted at a Special Meeting of the City Council of the City of Edgewater, Florida held on the 9th day of March A.D., 1972; the vote of said Council upon roll call being as follows: - S AT T: or ity (;Ierk Approved this 9th day of V March A.D., 1972. Counc4ftan This Resolution was prepared by Charles A. Hall, City Attorney. -2-