19-78 ORDINANCE NO. 19-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.
29-74, SEC. 23(a) (6) BY ESTABLISHING FEBRUARY 28,
1979, AS THE DATE FOR COMPLETION OF CONSTRUCTION
OF THE CATV SYSTEM PROVIDING, HOWEVER, THAT THE
TIME FOR PERFORMANCE WILL BE EXTENDED FOR ACTS
OF GOD OR OTHER CIRCUMSTANCES BEYOND THE CONTROL
OF THE FRANCHISEE WHICH DELAYS PERFORMANCE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the franchisee has requested the City Council to
establish February 28, 1979, as the completion d~te for the CATV system;
and,
WHEREAS, the franchisee has also requested that the time for
performance be extended when because of Acts of God or circumstances beyond
the control of franchisee, that franchisee is unabl~ despite diligent
effort to do s~ to continue with the construction of the CATV System; and,
WHEREAS, the City Council is in agreement with the request of
the franchisee,
. _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 23(a) (6) be amended to read as follows:
(6) Fails to complete construction of a the CATV System
within the present city limits of ~M the city of
Delray Beach w~h~-~we-ye~s-~em-~he-~ss~a~ee-e~-~
~e~ea~e-e~-~emp~ee - ~om- ~he-Fe~e~a~-~mm~n~ea~o~s
Somm~ss~e~r by February 28, 1979, provided, however, that
the franchisee is qranted an extension in the time for
performance durinq such period or periods that because
of Acts of God or other circumstances beyond franchisee's
control, that franchisee is unable to continue construction
of' the CATV System despite diligent and continuous efforts
to do so. In no event shall the time for ~rformance be
extended beyond February 28, 1980.
Section 2. 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 3. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 13th day of
M a r c h , 1978. ~;J~~'~ ~/J/LL~/J/~,~~
ATTEST:
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First Reading March 6, 1978
Second Reading ~arch 13, 1978