R-0919-94 RESOLUTION NO. 919-94
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA; PROVIDING FOR A TEMPORARY EXTENSION
OF THE CABLE FRANCHISE AGREEMENT ADOPTED BY THE VILLAGE
COUNCIL PURSUANT TO ORDINANCE 407-78 & 512-88; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council passed and adopted Ordinance
407-78 on November 21, 1978, and its amendment 512-88 on March 21,
1989, granting a franchise to Storer Cable TV of Florida,Inc. to
operate and maintain the system within the Village (the
"Franchise" ) until March 21, 1994 .
WHEREAS, the rights and privileges under the Franchise
were ultimately assigned to and were assumed by TCI TKR of South
Florida, Inc. , a Delaware corporation (the "Grantee" ) , with the
knowledge and consent of the Village and
WHEREAS, the Village and the Grantee have agreed to
operate under the Franchise provided that good faith negotiations
for the renewal of the Franchise continue; and
WHEREAS, negotiations for a renewal of the Franchise have not
been finalized and the Village and Grantee require additional time
in which to complete negotiations; and
WHEREAS, the Village and Grantee desire to adopt by reference
the terms and conditions of Ordinance No. 407-78 & 512-88, as well
as any and all amendments thereto, to extend the expiration of the
Franchise for a period of 60 days; and any increased revenues under
a new contract be retroactive to the original date of termination;
and
WHEREAS, the Village , and Grantee desire to reduce their
agreement with respect to this extension to writing and to reserve
hereby all rights, obligations and protections under the Cable
communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection and Competition Act of 1992
(collectively, the "Cable Act" ) ;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA AS FOLLOWS:
Section 1. The Franchise shall remain in full force and
effect until May 20, 1994, and subject to applicable federal and
state law.
Section 2. All rights, obligations and protections afforded
the Village and the Grantee under the provisions of the Cable Act
shall be reserved by each and shall not be prejudiced by adoption
of this resolution.
Section 3. Effective Date. This will become effective upon
( 1) adoption, and (2 ) execution by and on behalf of the Grantee of
an acceptance of the terms and conditions of this Resolution in a
form acceptable to the Village Attorney.
PASSED and ADOPTED this 15 day of March , 1994 .
�,,,�
William J. Hef a nan, Mayor
Attest:
Scott W. Davis, Village Clerk
Approved As To Form:
William F. Vann, Village Att�otney