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Ordinance No. 40-85-13 v ORDINANCE NO. 40-85-13 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 40-79-9 OF THE CITY OF ATLANTIC BEACH, FLORIDA, GRANTING NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, INC. BY APPROVING TRANSFER OF NON-EXCLUSIVE FRANCHISE FROM COX CABLE OF JACKSONVILLE BEACHES, INC. TO RIFKIN/JACKSONVILLE ASSOCIATES, LTD. , TO OPERATE CABLE TELEVISION SYSTEMS IN SAID CITY, PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH AS FOLLOWS: SECTION 1. Section 3 of Ordinance No. 40-79-9 be amended as follows: Section 3 - Grant of Franchise The franchise granted to Cox Cable of Jacksonville Beach, Inc. is hereby transferred to Rifkin/Jacksonville Associates, Ltd. , a Florida limited partnership, and to the subsequent transfer to any other partnership or corporation controlled by Monroe M. Rifkin upon the same terms and conditions imposed by Ordinances of the City shall be applicable to the transferee. SECTION 2. The Mayor is authorized to sign on behalf of the City such further consents as may be requested to implement this Ordinance including the form of consent attached hereto and by reference made a part hereof. SECTION 3. This Ordinance shall take effect upon signature of the presiding officer. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on First Reading March 11. 1985. Passed by the City Commission on Second & Final Reading 3/2-51 Fs ,,, ,;e6,/ )0/r William S. Howell, Ma•o Presiding Officer Adelaide R. Tucker CMC City Clerk Approved as to form and correctness Claude L. Mullis City Attorney 0 FORM OF CONSENT The undersigned, City of Atlantic Beach, Florida, hereby consents to the transfer by Cox Cable Jacksonville Beaches, Inc. , a corporation, ("Transferor") , to Rifkin/Jacksonville Associates, Ltd. , a limited partnership organized under the laws of the State of Florida, and to the subsequent transfer or any other partnership or corporation controlled by Monroe M. Rifkin (said partnership and any such subsequent transferee hereinafter called "Transferee") , of the non-exclusive franchise ("Franchise") , and further consents to the transfer III of the Franchise in trust, to mortgage, pledge or hypothecate the Franchise, or to the grant of a security interest in the Franchise, to secure indebtedness or obligations owed or which may hereafter be incurred by the Transferee with respect to which a security interest is granted to a secured party (the "Secured Party" ) in all or substantially all of the assets of the Transferee, and to the exercise by the Secured Party of its rights as a secured party in and to the Franchise in the event of a default by the Transferee in the performance of its indebtedness or obligations secured thereby. The undersigned agrees to accept performance of the Transferee's obligations under the Franchise by the Secured Party. Nothing contained herein shall constitute a waiver of any rights of the undersigned to approve of any further transfer or assignment of the Franchise by the Secured Party. The undersigned hereby confirms that the Transferor is the party named in the Franchise and that the Franchise is in full force and effect and the Transferor is in complaince with the Franchise. DATED this 25th day of March , 1985. City of Atlantic Beach' Florida isMay' r ' Approved as to form and correctness: City Attorney 4141" Ordinance authorizing transfer enacted March 25, 1985. 1 CONTRACT FOR CABLE TELEVISION SYSTEM FRANCHISE THIS CONTRACT, made and entered into in duplicate as of the 1st. day of January, 1987 , by and between the CITY OF ATLANTIC BEACH, a municipal corporation under the laws of the State of Florida, hereinafter referred to as City, and CONTINENTAL CABLEVISION OF JACKSONVILLE, INC. , a corporation organized and existing under the laws of the State of Florida, doing business at 5934 Richard Road, Jacksonville, Florida 32216 hereinafter referred to as Continental. WITNESSETH: WHEREAS, Continental has operated a cable system in Seminole Beach pursuant to a Franchise granted by the City of Jacksonville ; and WHEREAS, Seminole Beach was annexed into the corporate limits of City; and WHEREAS , the City deems it in the public interest to authorize the continued operation of Continental' s system; NOW THEREFORE IN CONSIDERATION of premises and the mutual undertaking and covenants, the City and Continental do hereby understand and agree as follows : 1 . Pursuant to Ordinance of the City a franchise has been awarded to Continental and Continental has accepted said franchise as of the day and year first written. 2 8-20-87 revised 1 8-18-87 2. Continental shall, at its own cost and expense, do the wok and provide the services and furnish the labor, materials and equipment required therefore in strict accordance with said Chapter_______ of the Ordinance Code of City , as the same presently exists and as the same may be amended from time to time by the Commission of the City and accepted by Continental, which is hereby specifically made a part hereof by reference o the same extent as if fully set out herein. 3. Continental shall at all times remit, pay and deliver promptly to the City all sums due and owing to the City when due and owed and shall promptly perform, do and take action as required by this Contract. 4. Failure or delay by the City in enforcing any provision of this Contract shall not be a waiver, forfeiture of surrender or otherwise restrict or prevent the City from enforcing any such provision or any other provision related thereto and the City specifically reserves the right to enforce same at any time. 5. The term of this Contract shall become effective on the day and year above first written and shall continue in full force and effect for a period expiring, June 10, 1994. 6. This Contract may be amended from time to time by mutual written agreement of the parties or by amendment by the Commission of the City and accepted by Continental. -2- 7. This Contract contains the entire understanding between the parties in connection with the subject matter hereof, and it supersedes and replaces all prior negotiations, agreements, or representations . IN WITNESS WHEREOF, the parties have duly executed this Contract as of the day and year above first written. ATTEST; CITY OF ATLANTIC BEACH, a municipal corporation / CITY CLERK Wi liam S. Howe 1 Mayor/Commission ATTEST: CONTINENTAL CABLEVISION OF JACKSONVILLE, INC. By: ,/ itelki4c,- By itAledak Approved as to form and correctness X .1 A. C aude L. Mullis, City ttorney -3- CONTRACT FOR CABLE TELEVISION SYSTEM FRANCHISE THIS CONTRACT, made and entered into in duplicate as of the 1st. day of January, 1987 , by and between the CITY OF ATLANTIC BEACH, a municipal corporation under the laws of the State of Florida, hereinafter referred to as City, and CONTINENTAL CABLEVISION OF JACKSONVILLE, INC. , a corporation organized and existing under the laws of the State of Florida, doing business at 5934 Richard Road, Jacksonville, Florida 32216 hereinafter referred to as Continental. WITNESSETH: WHEREAS, Continental has operated a cable system in Seminole Beach pursuant to a Franchise granted by the City of Jacksonville ; and WHEREAS, Seminole Beach was annexed into the corporate limits of City; and WHEREAS , the City deems it in the public interest to authorize the continued operation of Continental' s system; NOW THEREFORE IN CONSIDERATION of premises and the mutual undertaking and covenants, the City and Continental do hereby understand and agree as follows : 1 . Pursuant to Ordinance of the City a franchise has been awarded to Continental and Continental has accepted said franchise as of the day and year first written. 2 8-20-87 revised 1 8-18-87 2. Continental shall , at its own cost and expense, do the wok and provide the services and furnish the labor, materials and equipment required therefore in strict accordance with said Chapterof the Ordinance Code of City , as the same presently exists and as the same may be amended from time to time by the Commission of the City and accepted by Continental, which is hereby specifically made a part hereof by reference o the same extent as if fully set out herein. 3. Continental shall at all times remit, pay and deliver promptly to the City all sums due and owing to the City when due and owed and shall promptly perform, do and take action as required by this Contract. 4. Failure or delay by the City in enforcing any provision of this Contract shall not be a waiver, forfeiture of surrender or otherwise restrict or prevent the City from enforcing any such provision or any other provision related thereto and the City specifically reserves the right to enforce same at any time. 5. The term of this Contract shall become effective on the day and year above first written and shall continue in full force and effect for a period expiring, June 10, 1994. 6. This Contract may be amended from time to time by mutual written agreement of the parties or by amendment by the Commission of the City and accepted by Continental. -2- A 7. This Contract contains the entire understanding between • the parties in connection with the subject matter hereof, and it supersedes and replaces all prior negotiations, agreements, or representations. IN WITNESS WHEREOF, the parties have duly executed this Contract as of the day and year above first written. ATTEST; CITY OF ATLANTIC BEACH, a municipal corporation B .G.% �'. . .../ CITY CLERK Wi liam . owel Mayor/Commission ATTEST: CONTINENTAL CABLEVISION OF JACKSONVILLE, INC. By: Ad%4. �.� By AA A 4 Approved as to form and correctness Claude L. Mullis, City Attorney -3-