HomeMy WebLinkAbout850-03 Assignment and Extension of Cable Franchise r _i ,
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ORDINANCE NO.: 850-03 2003107265
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ZEPHYRHILLS, FLORIDA, r----Th
AMENDING ORDINANCE NO.: 744-00 (WHICH 1oM
GRANTS A RENEWAL FRANCHISE FOR A . T T=
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CABLE TELEVISION SYSTEM WITHIN THE I W a
CITY OF ZEPHYRHILLS TO FSN CABLE, INC., ,
"FSN") BY EXTENDING THE TERM OF THE
FRANCHISE FROM FIVE (5) YEARS FROM THE II ..r
DATE OF PASSAGE TO SEVEN (7) YEARS; I om
PROVIDING FOR CONDITIONS ON THE 0 9'
B O
EXTENSION; PROVIDING FOR SEVERABILITY m
AND PROVIDING FOR AN EFFECTIVE DATE. I x
WHEREAS,on April 10,2000 the City Council of the City of Zephyrhills,Florida,
sitting in regular meeting granted a renewal cable franchise television system within the
City of Zephyrhills to FSN. The term of the cable franchise was to be five (5) years from (---`
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the date of passage; and
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WHEREAS,FSN initially assigned its interest in the franchise agreement to Shawi 7C
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Communications., and I.p1 ..
WHEREAS, Shaw Communications has now requested approval by the City
Council of the City of Zephyrhills, an assignment from Shaw Communications to Bright I .o,0
House Network; and I ci oz
WHEREAS, upon approval of the Assignment, Bright House Network was ��,�,
requested a two (2)year extension to the cable franchise Ordinance, to increase the term
of the initial franchise from five (5)years to seven(7) years; and
WHEREAS, the City Council of the City of Zephyrhills has .placed certain
conditions on the extension,particularly that Bright House Network, upon approval and
acceptance of the Assignment from Shaw Communications,within the Zephyrhills Cable
Franchise Area, Bright House shall upgrade the existing network to include the same
services that are offered throughout western Pasco County and the majority of the
communities in the Tampa Bay area, including but not limited to;
a. Highspeed Internet Access;
b. Video on demand;
c. HBO on demand;
d. Digital Services.
WHEREAS, the upgrades set out herein shall be completed prior to the end of the
initial five (5)year term, or no later than April 10, 2005; and
WHEREAS, the City Council of the City of Zephyrhills further conditions the
extension upon Bright House's purchase of Shaw Communications'cable franchise within
the Zephyrhills Cable Franchise Area; and upon the acceptance,by Bright House, of Shaw
Communications'duties and responsibilities pursuant to the terms of the Cable Television
Franchise Agreement with the City of Zephyrhills.
Record and Return to: .s—t-----\,
City Clerk's Officea
5335 8th Street Ikr
' Zephyrhills, FL 33540
OR BK 5400 PG 227
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NOW THEREFORE BE IT ORDAINED by the City.Council of the City of.
Zephyrhills, Florida, sitting in regular meeting that:
Section 1: Upon the following conditions being met, Ordinance No, °-744-00 is
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henceforth amended to extend the Franchise for a Cable Television.System from'five (5)
years to seven(7) years.
a. Bright House's purchase of Shaw Communications' cable franchise within
the Zephyrhills Cable Franchise Area.
b. The,,a.ceptance, by Bright.House, of Shaw Communications' duties and
responsibilities pursuant to the terms of the Cable Television Franchise Agreement
with the City of Zephyrhills.
c. Bright House Network shall,within the Zephyrhills Cable.Franchise Area,
upgrade the existing network to include the same services that are offered
throughout western Pasco County and the majority of the communities in the
Tampa Bay area, including but not limited to;
i. Highspeed Internet Access;
ii. Video on demand;
iii. HBO on demand;
iv. Digital Services;
The upgrades set out herein shall be completed prior to the end of the initial five
(5) year term, or no later than April 10, 2005.
Section 2: The provisions of this Ordinance are severable, and if any section,
sentence, clause, or phrase is for any reason held to be unconstitutional, invalid, or
ineffective, this holding shall not affect the validity of the remaining portions of the
Ordinance, it being expressly declared to be the City Council's intent that it would have
passed the valid portions of this Ordinance without the inclusion of any invalid portion or
portions.
Section 3: This Ordinance shall become effective immediately upon its passage.
The foregoing Ordinance No. 850-03 was read and passed on its first reading by
the City Council of the City of Zephyrhills,Florida,on this AUL day of May,A.D.,2003.
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LANC. A. : TH
Pres'sent of City Council
}Atte_st: i's:': - ,
•Ci64 erk -LINDA D. BOAN
° TW,ei f� oing Ordinance No. 850-03 was read and passed on its second reading
in o4pen'and regular meeting by the City Council of the City of Zephyrhills,Florida, on this
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�d y f ,A.D., 2003.
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LANC' A. ' -•
P;.
t-� Pro: dent of City:Council `
Attest t OR BK 5400 PG 228
do :.•: .C`y-C erk, LINbA D. BOAN 3 of 3
ORI 1 NCE.$$.. 850-03
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The-foregoing Ordinance No. 850-03 was approved by me this 9- day of
" , A.D., 2003.
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W. CLIF. ' D d FI
Mayor