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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 U L a renewal proposal pi rsuant to the provisions of the Cable Communications Policy Act I 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 ILI 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 �t