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50-81 ORDINANCE NO. 50-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "DELRAY BEACH CATV LEADERSHIP FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-1, "SHORT TITLE" TO REMOVE "LEADERSHIP" FROM TITLE; BY AMENDING SECTION 10-2 (e) , "DEFINITIONS", TO DELETE RE- FERENCES TO LEADERSHIP CABLE TELEVISION SYSTEMS AND INSERTING IN ITS PLACE "FAIRBANKS CABLE OF FLORIDA, INC., AN INDIANA CORPORATION"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Delray Beach has been requested by Leadership Cablevision Associates, a Florida Limited Partner- ship, to transfer the Delray Beach Community Antenna Television ~ranchise to Fairbanks Cable of Florida, Inc., an Indiana Corporation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, determines that such transfer was in the best interests of the citizens of the City of Delray Beach, and that such new grantee w-as qualified to do business in the State of Florida; and, WHEREAS, as a result of such determinations, the City Council of the City of Delray Beach, Florida, did, pursuant to Section 10-18 of the Code of Ordinances, pass Resolution No. 53-81 approving of the transfer of the cable television franchise to Fairbanks Cable of Florida, Inc., an Indiana Corporation; and, WHEREAS, certain amendments must now be made to Chapter 10 of the Code of Ordinances as a result of such transfer, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 10-1, "Short Title", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: This Chapter shall be known and may be cited as the "Delray Beach CATV Aea~e~s~ Franchise". Section 2. That Section 10-2, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: "Grantee" is Aea~e~sh~p-~ab~e~s~-Ass~e~a~es~-a-~~a ~m~e~-pa~me~sh~z Fairbanks Cable of Florida," Inc., an Indiana Corporation, duly authorized to transact business in the State of Florida, or anyone who succeeds Fairbanks Cable of Florida, Inc.~ an Indiana Corporation, in accordance with the provisions of this franchise. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective upon delivery of notice, in writing, executed by both Leadership Cablevision Associates, a Florida Limited Partnership, and Fairbanks Cable of Florida, Inc., an Indiana Corporation, stating that the sale from Leadership Cable- vision Associates, a Florida Limited Partnership, to Fairbanks Cable of Florida, Inc., an Indiana Corporation, has been consummated and that such notice must be delivered on or before September 1, 1981, to the City Clerk of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on second and final reading of this the 14th day of July, 1981. ATTEST: M A Y 0 R City clerk First Reading: June 23, 1981 Second Reading: July 14, 1~8.~ - 2 - ORD. NO. 50-81