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HomeMy WebLinkAboutO-2002-005 ORDINANCE NO: 2002-005 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; APPROVING THE ASSIGNMENT AGREEMENT AMONG BROWARD COUNTY, THE CITY OF DANIA BEACH, AND COMMUNITY CABLE TELEVISION KNOWN LOCALLY AS AT&T BROADBAND FOR CABLE TELEVISION FRANCHISE; EXTENDING THE CABLE TELEVISION FRANCHISE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 15, 2001, the City of Dania Beach ("City") annexed into the City certain areas ("Annexed Service Areas") from unincorporated Broward County, as described in Exhibit "A" of the attached Assignment Agreement Among Broward County and City of Dania Beach and Community Cable television for Cable Television Franchise (Assignment Agreement"); and WHEREAS, Community Cable Television, a wholly owned subsidiary of AT&T Corporation, known locally as AT&T Broadband ("Franchisee"), is currently the holder of a cable television franchise granted by Broward County to operate a cable television system in the Annexed Service Areas, pursuant to Broward County Resolution No. 1998-113, as amended by Broward County Resolution No. 2000-1233 ("Franchise"); and WHEREAS, the City Commission of Dania Beach has determined it is in the public interest of the City to approve the attached Assignment Agreement to assign the Franchise from Broward County to the City to operate a cable television system within the Annexed Service Areas; and WHEREAS, pursuant to the Assignment Agreement, Broward County will assign, 1 ORDINANCE NO.: 2002-005 and the City will acquire, the rights, duties, and obligations pursuant to the terms and • conditions described in the Franchise; and WHEREAS, the parties acknowledge that the Franchise being assigned expires on March 31, 2002; and WHEREAS, the City Commission of Dania Beach has determined that it would be in the public interest to extend the term of the Franchise for an additional six (6) month period to afford the City and Franchisee an opportunity to continue the process of renewal of the Franchise, without affecting either party's rights or obligations under the existing Franchise, the Assignment Agreement, the City's Code, and applicable State and Federal Law; and WHEREAS, the Franchisee has consented to the assignment of such rights, duties and obligations under the Franchise from Broward County to the City for the • Annexed Service Areas; and WHEREAS, Broward County, the Franchisee, and residents of the City have had an opportunity to provide input with respect to the provisions of the Assignment Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. 2 ORDINANCE NO.: 2002-005 Section 2. The Assignment Agreement Among Broward County and City of • Dania Beach and Community Cable television for Cable Television Franchise, attached hereto as Exhibit A ("Assignment Agreement") is hereby approved. Section 3. The appropriate City officials are hereby authorized to execute the Assignment Agreement. Section 4. The Franchise that is assigned to the City pursuant to the Assignment Agreement, which expires on March 31, 2002, is hereby extended to September 30, 2002. This extension shall not affect the rights of the Franchisee or the City under the Franchise, the Assignment Agreement, the City's Code, and applicable State and Federal Law. Section 5. Franchisee shall submit its written consent to the extension of the Franchise under the terms contained herein, within twenty (20) days of the adopting of this Ordinance by the City. Section 6. Conflicts. All ordinances or parts of ordinances and all -resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict. Section 7. Severability.The provisions of this Ordinance are declared to be severable. If any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 3 ORDINANCE NO.: 2002-005 Section 8. Effective Date. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on February 12, 2002. PASSED AND ADOPTED on second reading on February 26, 2002. APPROVED: PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: CHARLENE JOHN O • CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - YES VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO F R AND CORRECTNESS: BY: T OM S J. MSBRb CITY ATTORNEY 4 ORDINANCE NO.: 2002-005 ASSIGNMENT AGREEMENT Among BROWARD COUNTY and CITY OF DANIA BEACH and COMMUNITY CABLE TELEVISION for CABLE TELEVISION FRANCHISE ASSIGNMENT AGREEMENT Among BROWARD COUNTY and. CITY OF DANIA BEACH and COMMUNITY CABLE TELEVISION for CABLE TELEVISION FRANCHISE This is an Assignment Agreement, made and entered into by and among: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as ("ASSIGNOR"), and ® CITY OF DANIA BEACH a Florida municipal corporation, hereinafter referred t p p o as ("ASSIGNEE"), and COMMUNITY CABLE TELEVISION, a Wyoming General Partnership, and a wholly owned subsidiary of AT&T Corp., hereinafter referred to as ("FRANCHISEE"). WHEREAS, pursuant to Resolution No. 1998-113, adopted on March 3, 1998, ASSIGNOR approved the transfer and assignment of a cable television Franchise from Jones Intercable, Inc., to Comcast Cablevision of Broward County, Inc.; and WHEREAS, pursuant to Resolution No. 2000-1233, adopted on October 24, 2000, ASSIGNOR approved the transfer of a non-exclusive cable television Franchise which was granted under Resolution No. 1998-113 from Comcast Cablevision of. Broward County, Inc., to the FRANCHISEE for the right and privilege to construct, operate, and maintain a cable television system for specific unincorporated areas of Broward County, Florida (the "Franchise Areas"); and WHEREAS, portions of the Franchise Areas as more particularly described in Exhibit "A" to this Assignment Agreement (the "Annexed Service Areas") were subsequently incorporated into the ASSIGNEE's municipality; and WHEREAS the ASSIGNOR wishes to assign, and the ASSIGNEE SS GNEE wishes to acquire, the rights, duties, and obligations for the Annexed Service Areas under the Franchise pursuant to the terms and conditions described in ASSIGNOR's Resolution No. 1998-113 adopted on March 3, 1998, and ASSIGNOR's Resolution No. 2000-1233, adopted on October 24, 2000, and pursuant to the terms and conditions set forth herein; and WHEREAS, the FRANCHISEE desires to consent to the assignment of such rights, duties, and obligations under the Franchise from ASSIGNOR to ASSIGNEE solely for the Annexed Service Areas; NOW, THEREFORE, ASSIGNEE and FRANCHISEE hereby release ASSIGNOR from all claims by them related to this Assignment and in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, ASSIGNOR and ASSIGNEE agree, and FRANCHISEE consents, as follows: 1. ASSIGNOR hereby grants, bargains, sells, conveys, transfers, assigns, and sets over to ASSIGNEE its entire rights, duties, and obligations under the Franchise for the Annexed Service Areas set forth and described in Exhibit "A". 2. ASSIGNEE hereby accepts, assumes, and undertakes all of the rights, duties, and obligations of the ASSIGNOR for the Annexed Service Areas under the Franchise and agrees to hold the ASSIGNOR harmless to the extent permitted by law for any claims or demands made subsequent to the effective date of this Assignment Agreement, and resulting from this Assignment. Notwithstanding any other provision of this Agreement and in lieu of determining and paying the actual dollar amount of Communications Services Tax attributable to the Annexed Service Areas for the stated four-month time period, ASSIGNOR agrees to pay to ASSIGNEE the total amount of Twelve Thousand Three Hundred Eighty-Five Dollars and Fifty- Seven Cents ($12,385.57) as consideration for any Communications Services Tax paid or owed by the FRANCHISEE which has been received or which may be received by the ASSIGNOR for the stated time period beginning October 1, 2001, through January 31, 2002. The total payment of $12,385.57 shall be paid by the ASSIGNOR to the ASSIGNEE within thirty (30) days after the effective date of this Assignment Agreement or by March 31, 2002, whichever date is later. The ASSIGNOR shall make such payments to the ASSIGNEE payable to the "City of Dania Beach," and forward to the following address: Weiss Serota Helfman Pastoriza Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, FL 33312 • -2- The ASSIGNEE's federal identification number is: 596000302. On or before February 28, 2002, the FRANCHISEE shall update its database for the Communications Services Tax to reflect the ASSIGNEE as the appropriate governmental jurisdiction for the Annexed Service Areas. Such updated database shall be forwarded to the Florida Department of Revenue on or before the above- mentioned date. 3. FRANCHISEE consents to this Assignment from ASSIGNOR to ASSIGNEE upon the terms and conditions contained in this Assignment Agreement. 4. The parties acknowledge that the Franchise being assigned expires on March 31 , 2002. FRANCHISEE and ASSIGNEE agree that any renewal of the Franchise will be conducted by the ASSIGNEE and FRANCHISEE, pursuant to the procedures contained within the ASSIGNEE's Cable Ordinance and federal law. 5. The parties agree that this Assignment Agreement only applies to the Annexed Service Areas and that the Franchise of FRANCHISEE for any and all other areas remaining under the Franchise shall remain in full force and effect and shall continue to be subject to the authority of ASSIGNOR. The ASSIGNOR, ASSIGNEE, and FRANCHISEE agree that to the full extent possible the Annexed Service Areas are assigned as separate and apart from the remaining Franchise Areas. 6. This Assignment Agreement shall become effective on the date of complete execution by all parties or March 12, 2002, whichever date is earlier. (The remainder of this page is intentionally left blank.) • -3- • IN WITNESS WHEREOF, the parties have made and executed this Assignment Agreement of Cable Television Franchise on the respective dates under each signature: ASSIGNOR, BROWARD COUNTY, through its Board of County Commissioners, signing by and through its Chair or Vice Chair, authorized to execute same by Board action, the ASSIGNEE, CITY OF DANIA BEACH, signing by and through its Mayor- Commissioner and City Manager, duly authorized to execute same, and FRANCHISEE, COMMUNITY CABLE TELEVISION, signing by and through Ellen Filipiak, Senior Vice President of AT&T Broadband, duly authorized to execute this Agreement on behalf of FRANCHISEE. ASSIGNOR BROWARD COUNTY, a political subdivision of the State of Florida, by and through its Board ATTEST: of County Commissioners m v By County Administrator and Ex-Officio Lori Nance Parrish, Chair Clerk of the Board of County Commissioners of Broward County, /Cday of �� , 2002. Florida Approved as to form by: cc , , Office of County Attorney � ,�� .� ••• r for Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 U s �; 1Sic, Cn 115 South Andrews Avenue Fort Lauderdale, FL 33301 ''�• Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By 2 Andrea S. Froome (Date) Assistant County Attorney -4- • ASSIGNMENT AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH, AND COMMUNITY CABLE TELEVISON FOR CABLE TELEVISION FRANCHISE ASSIGNEE ATTEST: CITY OF DANIA BEACH / By Mayor - Commissioner By ►.Q By _. Charlene Johns City Clerk IVar-Pa ity Manager f day of ," 2002. ® Approved as to Leg Sufficiency: B Y Thomas J. Ansbro, City Attorney FRANCHISEE WITNESSES: COMMUNITY CABLE TELEVISON, a Wyoming General Partnership and a J ; wholly-owned subsidiary of AT&T Corp. Signature J 9 YY�dV By: Pri Na above Authorized Signature Print Name: Ellen Filipiak, Senior Vice President Signature of AT&T Broadband, on behalf of Community Cable Television Print/Type Name above zt-� day of Faiwun!-, , 2002. • -5- ASSIGNMENT AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH, AND COMMUNITY CABLE TELEVISON FOR CABLE TELEVISION FRANCHISE EXHIBIT A The Annexed Service Areas specified for this Assignment Agreement are described as follows: Areas A, C, and D as described in HB 1773 as approved by the Florida Legislature in 2000. • OEM IN, • • an 0 4 a r FLORIDA March 12, 2002 Ms. Ellen Filipiak, Senior Vice President AT&T Broadband 6565 Nova Drive Davie, Florida 33317 RE: FRANCHISE EXTENSION THROUGH SEPTEMBER 30, 2002 ACCEPTANCE OF ORDINANCE 2002-005 PASSED AND ADOPTED FEBRUARY 26, 2002 As per your request, please find enclosed herewith an acceptance of the above-referenced document, signed by the City Manager, Ivan Pato, as well as a • copy of Ordinance 2002-005. Thank you for your assistance in this matter. If you have any questions, please contact me at 954-924-3622. Sincerely, Charlene Jo son City Clerk CJ/mn Enclosures • "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us AUTBroadband Florida Market 6565 Nova Drive Davie, Florida 33317 March 4 2001 954 266-6600 FAX 954 266-6577 City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 RE: Franchise Extension through September 30, 2002 Acceptance of Ordinance 2002-005, passed and adopted February 26, 2002 To Whom It Mav Concern: The undersigned cable operator does hereby accept the above-referenced document, and does hereby agree that it will comply with and abide by all the provisions, terms and conditions of the document, subject to applicable federal, state and local law. Please acknowledge receipt of this acceptance by signing and dating in the space provided below and returning a copy of such acceptance. Sincerely, Communitv Cable Television 1/k/a AT&T Broadband C Ellen Filipiak, Senior Vice President Sworn to and subscribed before me this 77,7 day_ of March �,V%v & ANN L LEFTIK MY COMMISSION* DD061231 otary Public °ipie EXPIRES:January 26.2006 1.80D3-N-NOTARY FL NdarY Se^^ce 8 Baidirg,Inc. Acceptance received and ac edged this day of By ��(� Recycled Paper SUN- SENTINEL NOTICE OF PUBLIC HEARING PUBLISHED DAILY CITY OF DANIA BEACH k , FORT LAUDERDALE BROWARD COUNTY, FLORIDA NOTICE IS HEREBY GIVEN that it public hearing will b , n: held before the Dania Beach City Commissioon Feb- BOCA RATON, PALM BEACH COUNTY, FLORIDA ruary 26,2002 at 7:00 PM,or as soon thereafter asl possible, In.the City Commission Room;Administra- MIAMI, MIAMI DADE COUNTY, FLORIDA tive Center,100 West Dania Beach Blvd.,Dania Beach,' Florida 33004, for the purpose of hearing any com- ments which might be made-to the following re- quest. Z 4 STATE OF FLORIDA Petition: Request made by John Bartley, agent, for Chris Christianson,owner of property located at the COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Mason Sub Amended Plat,SE 1st Terrace and SE 1st BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Avenue,Dania Beach,Florida , RZ-64-01-Rezoning.request from C-2(Commercial)to PUD-B(Planned Unit Development)and assignment of ` ,four(4)reserve units t ?A Q 6iI L1_ WHO, ON OATH,SAYS THAT ,..r . HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED AN ORDINANCE T THE CITY IN REQUEST BEACH,FLORI- DA APPROVING THE REZONING REQUEST. BY JOHN DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED BARTLEY AGENT FOR CHRIS CHRISTIANSON,.OWNER, OF PROPERTY LOCATED AT THE SOUTHEAST CORNER IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE OF,SE 1STTERRACE AND SE 1ST AVENUE,WITHIN THE DE- ATTACHED COPY OF ADVERTISEMENT, BEING A: SCR EDDIN EXHIBIT T C A-, A COPY OFBEAH, FLORIDA, DWH CHLLY IS AT- TACHED TO THIS ORDINANCE; CHANGING THE:CUR- RENT ZONING CLASSIFICATION OF THE'PROPERTY NOTICE OF PUBLIC HEARINGCITY OF DANIA BE FROM C-2(COMMERCIAL)TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT),ASSIGNING FOUR (4)RESERVE UNITS; SUBJECT TO,CERTAIN RE- STRICTIONS; PROVIDING FOR SEVERABILITY;..HFUR- THER,PROVIDING FOR AN EFFECTIVE DATE Exhibit A: Legal Description -Mason Sub Amended Petition RZ 6401 Plat 14-19 Y.B Lot 1 through 6 Blk VA-63-01(a)-Variance request to allow back out park- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE park- ing SE 1st Terrace(back out parking prohibited) Sectioon 33-214 of Article v of the.Zoning,Appendix. ISSUES OF: VA-63-01(b)-Variance to allow a minimum parcel size of 14,700 sq.ft.in a PUD-B district(minimum lot size is 15 acres).Section 7.42 of Chapter 28(Zoning Code) 2/15,1 10772266 of the City Code. SP-62-01-Site Plan request to construct two duplex- es(4 units)containing a total-of 14,700 sq.ft; AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER =•''> ~' VA-60-01?Variance request made by David Zilch,Ar- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, chitect,representing American Maritime Officers for proRescue AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY Training Center at Dania Cutoff Canal,nter Schick Plat PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, 161-10 B Tract A.David Zelch is requesting: EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE masonry wall permit the construction h a ast high masonry wall immediately adjacent to the east prop- POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, erty line of the property(wall required to be setback five feet from the east property line).Section 26-47 of FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF Chapter 26(vegetation)of the City Code. ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT b)Varianceto permit the removal ofa(pote nil al)spec- HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR City tree and deposit an equivalent value into the City Landscape Trust Fund.Section 26-23 of Chapter CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE 26(Vegetation)of the City Code. . PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Legally described:Schick Plat 161-10 B Tract A` NE PAPER. Copies of the proposed petition are available forview- ing i the Growth ManagementDepartment,10 Dania Beach Blvd.,Dania Beach,Florida betweenen the the hours of 8:00.AM and 4:00 PM,Monday-Friday.Inter- 6XWA9 ested parties may appear at the public hearing and be (SIGNATURE AFFIANT) heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any SWORN TO AND SUBSCRIBED BEFORE ME of these proceedings should contact Sheryl Chapman, Administrative Services Director,100 W.Dania Beach ON: 15-February-2002 A.D. Blvd,.Dania Beach,FL 33004.and(954)924=3630,at /v least 72 hours prior to meeting._ Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose mays (SIGNATURE OF„NOTARY PUBLIC) f need to ensure that a verbatim record of the proceed- Tara L k ings is made, which'record includes.the testimony A." and evidence upon which the appeal is to based-. MY COMMISSION# D 024939 EXPIRES oLou Ann Cunningham,Planning Technician July 20,2005 February is,2002 BONDED THRU TROY FAIN INSURANCE,INC. — -- (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION s CITY OF DANIA BEACH MEMORANDUM TO: Honorable Mayor and Commissioners, City of Dania Beach cc: Ivan Pato, City Manager Thomas J. Ansbro, Esq., City Attorney FROM: Gary Resnick, Esq., Office of the City Attorney Scott A. Robin, Esq., Office of the City Attorney DATE: February 21, 2002 RE: Ordinance Approving the Assignment of the Cable Television Franchise held by AT&T Broadband from Broward County to the City for the Annexed Areas, and the Extension of the Cable Television Franchise On February 12, 2002, the Commission approved on first reading the proposed Ordinance approving the Assignment Agreement among Broward County, Community Cable Television, a wholly owned subsidiary of AT&T Corp. known locally as "AT&T Broadband", and the City of Dania Beach ("City") to assign the cable franchise for the area that was annexed into the City effective September 15, 2001. Pursuant to the Assignment Agreement, the County will pay the City the amount of revenue received by the County from the Florida Department of Revenue for the communications services taxes received after the annexation through January 31, 2002. At the time of first reading, we did not have the exact amount of communications services tax received by the County from the annexed area from October 1, 2001 through January 31, 2002, that the County would pay to the City. We indicated that this amount would be determined prior to the final approval of the Assignment Agreement. We have determined this amount to be $12,385.57. The County will pay this amount to the City by March 31, 2002. AT&T corrected the information submitted to the Florida Department of Revenue so that the City will receive the appropriate payments directly for the period after January 31, 2002. In all other respects, the Assignment Agreement remains unchanged. Mayor and Commissioners • February 4, 2002 Page 2 Ordinance further contains a short-term, six (6) month extension, to allow sufficient time to negotiate the renewal of the Franchise. AT&T Broadband has already approved the Assignment Agreement. After the City approves the Assignment Agreement, it will then be placed on the Broward County Commission agenda for the County's approval. Recommendation It is our recommendation that the City Commission approve the proposed Ordinance approving the Assignment Agreement, and extending the Franchise six-months to allow the negotiation of the renewal of the franchise.