The URL can be used to link to this page

Home My WebLink AboutO-2002-041 ORDINANCE NO: 2002-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; EXTENDING THE COMMUNITY CABLE TELEVISION CABLE FRANCHISE, KNOWN LOCALLY AS AT&T BROADBAND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Broward County Ordinance No. 77-21, effective May 10, 1977, as amended by Ordinance No. 79-5, effective March 5,"1979; Ordinance No. 83-60, effective September 1, 1983; Ordinance No. 85-7, effective March 5, 1985; Ordinance No. 85-68, effective December 2, 1985; and Ordinance No. 88-08, effective February 22, 1988 (collectively, the "Franchise"), the Broward County Board of Commissioners, Florida, granted a cable television franchise to Cable TV Fund 14-A/B Venture, doing business as Jones Intercable, Inc.("Jones"), for certain service areas lying with the unincorporated areas of Broward County; and WHEREAS, said Franchise was granted with a termination date of March 31, 2002, pursuant to Broward County Ordinance No. 88-08; and WHEREAS, pursuant to Resolution No. 1998-113, adopted on March 3, 1998, the County approved a transfer and assignment of the Franchise from Jones to Comcast Cablevision of Broward County, Inc.; and WHEREAS, pursuant to Resolution No. 2000-1233, adopted on October 24, 2000, the County approved the transfer of the Franchise from Comcast Cablevision of Broward County, Inc., to Community Cable Television ("Community"), a Wyoming General Partnership, and a wholly owned subsidiary of AT&T Corp., doing business locally as AT&T Broadband ("Franchisee"); and WHEREAS, on September 15, 2001, the City of Dania Beach ("City") annexed into the City a portion of the service area from unincorporated Broward County; and WHEREAS, on February 26, 2002 the City Commission of the City of Dania Beach approved an Assignment Agreement among Broward County, City of Dania Beach, and Community, whereby the County transferred and assigned to the City its entire rights and obligations under the Community Franchise for the annexed service area, pursuant to Ordinance No. 2002-005; and ♦� 1 ORDINANCE NO.2002-041 WHEREAS, on February 26, 2002, the City Commission of the City of Dania Beach extended the Community Franchise granted by Broward County Ordinance No. 88-08, which expired on March 31, 2002, to September 30, 2002, pursuant to Ordinance No. 2002-005; and WHEREAS, on June 25, 2002, the City adopted Ordinance No. 2002-31, approving the Change of Control Agreement amongst Community, MediaOne of Eastern Michigan and the City and approved the change of control of the Franchise held by Community from its ultimate parent company, AT&T Corp., to AT&T Comcast Corporation ("AT&T Comcast"); and WHEREAS, on June 25, 2002, pursuant to Ordinance No. 2002-31, Franchisee agreed to commence good faith negotiations with the City with respect to the renewal of the Franchise and agreed to make every effort to reach an agreement on the terms of a renewal within ninety (90) days of commencement of negotiations. If the AT&T Comeast merger closes prior to the completion of such renewal negotiations, Franchisee will continue to negotiate the Franchise renewal in good faith and will use its best efforts to reach agreement within this ninety (90) time frame. It is anticipated that the AT&T Comcast merger will close by the end of the year. Franchisee and the City are currently negotiating the terms and conditions of the Franchise renewal; and WHEREAS, on August 13, 2002, the City adopted Ordinance No. 2002-35 ("Cable Ordinance"), providing for the issuance and regulation of cable franchises for, and the installation, construction and operation of Cable Systems within the City; and WHEREAS, the City 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, Cable Ordinance, the City's Code, and applicable State and Federal Law; and 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. Section 2. The Franchise, which expires on September 30, 2002, is hereby extended to March 31, 2003. The City's approval of the Franchise extension herein does not constitute and shall not be construed to constitute a waiver of any of the City's rights under its Franchise or other applicable law, including its rights under section 626 of the Cable Act, 47 U.S.C. §546, with respect to renewal of the Franchise. The City hereby reserves any rights it may have under the Franchise, the Cable Ordinance and applicable law and the City's failure to enforce or to compel compliance with any provision of the Franchise or applicable law shall not constitute a waiver of such provision or of Franchisee's non-compliance. 2 ORDINANCE NO.2002-041 • Section 3. 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 4. If any clause, section, or part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 5. This Ordinance shall be in full force and take effect immediately upon its passage and adoption by the City Commission of the City of Dania Beach, Florida. PASSED AND ADOPTED on first reading on August 13, 2002. PASSED AND ADOPTED on second reading on September 24, 2002. i wI ROBE T H. CHUNN, JR. MAY R-COMMISSIONER • AT EST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER.MCELYEA -NO CHARLENE J SON COMMISSIONER MIKES -YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO O M AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 5 66020/OrdinanceApprov i ngFranch ise Extension 8-26-02 • 3 ORDINANCE NO.2002-041 • 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: August 27, 2002 RE: Ordinance Approving the Extension of the Community Cable Television Franchise • Enclosed please find a proposed Ordinance approving the extension of th P P pp g e cable franchise held by Community Cable Television ("Community"), known locally as AT&T Broadband, from September 30, 2002 to March 30, 2003. On June 25, 2002, the City approved the change of control of the cable franchise held by Community from its ultimate parent company, AT&T Corp., to AT&T Comcast Corporation, pursuant to Resolution No. 2002-31. At that time, AT&T Broadband agreed to commence good faith negotiations with the City with respect to the renewal of the cable franchise and agreed to make every effort to reach an agreement on the terms of a renewal within ninety (90) days of commencement of such negotiations. AT&T Broadband also paid the City $50,000 for the purchase and installation of equipment in the Commission Chambers to support cablecasting'City Commission meetings. AT&T Broadband was unable to commit to renewal negotiations while its transfer applications were being considered. Now that AT&T is through that process, it will have time to devote to the franchise renewal. The extension will allow sufficient time to negotiate the terms and conditions of the franchise renewal including, but not limited to, upgrading the cable system capabilities. Recommendation • It is our recommendation that the City Commission approve the proposed Ordinance extending the cable franchise six-months to March 30, 2003, to provide both parties sufficient time to negotiate the renewal of the cable franchise. If you have any questions, please do not hesitate to contact us. SUN- SENTINEL NOTIARING PUBLISHED DAILY BEFORE CECITYiECOMMIS- IA FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BEACH, CITY of DANE- BEACH, FLORIDA, RE- GARDING RATON PALM BEACH COUNTY, FLORIDA CARDING ADOPTION of • , THE FOLLOWING PRO- MIAMI, MIAMI DADE COUNTY, FLORIDA POSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida,on September 24, STATE OF FLORIDA 2002, at 7:00 PM or as soon thereafter as the COUNTY OF BROWARD/PALM BEACH/MIAMI DADE matter may be heard,will AEH THE UND SIGNED AUTHORITY, PERSONALLY APPEARED conduct i public hearing in the City Commission Chambers of the Dania HO, ON OATH, SAYS THAT Dania Beach llBoulevarrd, S A D Y AUTHORI ED REPRESENTATIVE OF THE CLASSIFIED Dania Beach, Florida to consider the proposed DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED adoption of the following IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ordinances entitled: AN ORDINANCE OF THE ATTACHED COPY OF ADVERTISEMENT, BEING A: CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CABLE TELEVISION; EX- CABLE TELEVISION TENDING THE COMMUNI- TY CABLE TELEVISION CABLE FRANCHISE, LOCAIN THE MATTER OF: KNOWN BROADBAAND;ND; YASA PROVIDINGNG FOR CONFLICTS; PROVID- ING FOR SEVERABILITY; Cable Television AND PROVIDING AN EF- FECTIVE DATE. IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE CI ORDINANCE of THE CI OF DANIA BEACH, PERTAINING ISSUES OF: CHAPTD R 22 OF THE CITYY CODE OF ORDINANCES, HICH IS ENTI- 9/13,1 S 11077005 TLED TR ETSEAND SIDE- WALKS; AMENDING THE .CODE OF ORDINANCES;BY AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AMENDING SECTION 22- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, 60ORDDI THE CITY CODE NANCES,WHICH SEC - AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY TION is ENTITLED • PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, ; STANDARDANDS FOR MAIN- PUBLISHED PRO IDE FOR DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE UNIFORM , M PROVIDE FOR A UNIFORM COLOR FOR POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ,FOR'NEWSRACKS; PROVIDING D FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ING FOR SEVERANCE; ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT FURTHER,PROVIDING FOR AN EFFECTIVE DATE. HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR A copy of these proposed CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE ordinances are on file in the Office of the City PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Clerk, City Hall, 100 west NEWSPAPER. Dania Beach Boulevard, Dania Beach, Florida,and may be inspected by the /J public during normal working hours. IGNATURE Oft AFFIANT) Interested parties mayap= pear at the aforesaid meeting and be .heard SWORN TO AND SUBSCRIBED BEFORE ME with respect to the o- w posed. Any person hp ON: 13-September-2002 , A.D. decides to appeal any de- cision made by the city Commission with respect �L to any matter considered at this hearing will need a /� /✓ record of the proceedings (SIG/N/�ITURE OF NOTARY PUBLIC) and for such purpose may need to ensure that a pro- Tara - L.�024 k ceebatdi record of the ceedings is made, which = 4 := MY COMMISSION# 939 EXPIRES record includes the testi- mony and evidence upon "' oc which the appeal is to be BONDED THRU TROY FAIN INSURANCE,INC. based. In accordance with the American with Disabilities (NAME OF NOTARY,TYPED, PRINTED, O STAMPED) Act, persons needing as- sistance to participate in any of the proceedings should contact Charlene PERSONALLY KNOWN OR Johnson, City Clerk, 100 West Dania Beach Boule- vard,Dania Beach,Florida • PRODUCED IDENTIFICATION 33004, (954) 924-3622 at least 48 hours prior to the meeting. i/s/Charlene Johnson Civic,City Clerk September 13,2002