5894-95 ORDINANCE NO. 5894-95
AN ORDINANCE OF THE CITY OF CLEAR WATER,
FLORIDA, RELATING TO THE FRANCHISE AGREEMENT
WITH TIME WARNER ENTEERTAINMENT-ADVANCE/
NEWHOUSE PARTNER;oral TO AMEND THE FRANCHISE
AGREEMENT TO EXTEND THE TERM OF THE
F, lolCHISE FOR A PERIOD OF THREE MONTHS,
EN DING' OIL NOVEMBER 1, 1995;AMENDING ORDINANCE
NO, 21085 INCREASING THE FRANCHISE FEE PAID TO
THE C117(TO FIVE PERCENT; PROVIDING AN EFFECTIVE
DATE,
WHEREAS, Q.-dinance No. 2084 of the City granted a nonexclusive franchise for
the use of City righis-of-way to Vision Cable of Pinellas, Incorporated; and
1WH ER E A's, Ownership of Vision Cable was changed and the franchise was duly
transferred to Time AJIharner Entertainrrient-AdvancelNewhoL;se Partnership "'TWEIAN);
and
WHEREAS, Vision Cable of Pinellas, Incorporated now TvvE/AN has submitted
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a renewal proposal pi rsuant to the provisions of the Cable Communications Policy Act
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of 1984 and the Cable Television Consumer Protection and Competition Act of 1992
(Federa,l C"',able Act); and
WHEREAS, Ordinance No. 2084 allows the City to adjust by ordinance a franchise
fee not to exceed that permitted by federal and state law; and
WHEREAS, Ordinance No. 2085 established the cable fees; and
WHEREAS, additional time is required -for discussions between the City and
TWEIAN on a successor franchise agreement; and
',,AIFIEREAS, in order to accommodate the franchise renewal negotiation process,
the parties desire to alllol�v for the extension of the Current franchise inri nrnr'-,eed vvith
negotiations Linder t:.h e. inforrnal procedures of the Federal Cable Act; and
'IeWlYEREAS, 1"*'vVE::/AN :ag,ress to, the extension of the franchise term to allow for
such preparations; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF-- CLEARANATER, FLORIDA:
Section 1. T he term of the franchise agreement beblveen the City of Clearwater
and 71-WEDIAN, gran-ted by Ordinance No. 2084 of the City, is hereby extended an
additional three months' such that the term shall expire on Novernber 1, 1995. All other
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provisions of Ordinance No. .„'shall continue in full force and effect, E/AN shall
operate in the same manner as prior to the extension. Operation in the same manner
and under the carne terms and conditions include, but not limited to, access and local`
origination operation and funding consumer service and complaint, response, and
compliance with all public safety regulations and applicable lags and regulations.
Section 2. This ordinance shall not be construed to infer that the term of the
franchise shall again be extended, or that TIAJE/AN shell be approved as a franchisee
of the City beyond the extended term of the current franchise agreement.
Section 3, Ordinance No. 2085, Section 1, is amended to read, "The Company
shall pay,,,_as comp risation to the City, a franchise fee= of fie Dercent f5% e�
of its gross revenues. The City may, at its pleasure, increase or decrease the
franchise fee unless prohibited by lair or regulation."
Section . Tiijs ordinance shall tame effect irnmedilateiy upon adoption.:
PASSED ON FIRS' ` READING Au ust ;17, 1995
PASSED ON 'SEC P};D AND FINAL
READING ARID ADOI PTED __�eptiLriber 7, 1995
Rita Garvey, Mayor-Come issioner'
Approved as to form Attest.
and ieg I sufficiency;
Pamela K Akin, City Attorney Cy is E. Coudeau, City Clerk
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