HomeMy WebLinkAboutR-2002-191 RESOLUTION NO.2002 -191
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, ADOPTING
APPLICATION FEES FOR THE SUBMITTAL OF
APPLICATIONS FOR FRANCHISES FROM CABLE AND
OPEN VIDEO SYSTEMS PROVIDERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August, 13, 2002 the City of Dania Beach adopted Ordinance No. 2002-
35, codified at Chapter 22 of the City Code, entitled "Cable Television and Open Video
Systems"("Cable Ordinance"), providing for issuance and regulation of cable franchises for, and
the installation, construction and operation of Cable Systems within the City; and
WHEREAS, the Cable Ordinance, Section 22-98(J), provides for Application Fees for
the submittal of applications for the grant, modification, renewal, and transfer of franchises for
cable and open video providers; and
WHEREAS, the City deems it to be in the best interest of its residents and citizens to
impose Application Fees to offset the administrative costs of reviewing applications for
franchises for cable and open video system providers; and
WHEREAS, City staff recommends that the Application Fees adopted by the City
recapture the, costs of the time associated with review by applicable City staff, as well as any
experts/consultants/attorneys that may be required by the City to review a franchise application;
and
WHEREAS, the Cable Ordinance, Section 22-99(F), states that a Franchisee shall
reimburse the City for all reasonable expenses incurred by the City in considering and processing
an Application, including, but not limited to, consulting and legal costs, less only the amount of
the Application Fee; and
1 RESOLUTION NO. 2002-191
WHEREAS, the City of Dania Beach has determined that it is in the best interests of the
public and of the City to establish the Application Fees as required by the Cable Ordinance;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and
correct and are made a specific part of this Resolution upon its adoption.
Section 2. The Application Fees required to accompany an application submitted for a
franchise for cable service or open video systems shall be as follows:
Initial Application for a Franchise $10,000.00
Renewal of Franchise $7,500.00
Transfer of a Franchise $7,500.00
(other than a pro forma transfer)
For a pro forma transfer of a Franchise $1,500.00
(as defined in Section 22-92 of the Cable Ordinance)
For modification of a Franchise Agreement $2,500.00
pursuant to 47 U.S.C. §545
For any other relief $1,000.00
Section 3. The Franchisee shall reimburse the City for all reasonable expenses
incurred by the City in considering and processing an Application, including, but not limited to,
consulting and legal costs, less only the amount of the above stated applicable Application Fee.
Section 4. To the extent not prohibited by applicable law, Application Fees shall not
be considered franchise fees, permit fees, or Communications Services Taxes and shall not be
deducted from such other payments.
Section 5. The provisions of this Resolution are declared to be severable and if any
section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid
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or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the
legislative intent that this Resolution shall stand notwithstanding the invalidity of any part.
Section 6. All Resolutions or parts of Resolutions in conflict are repealed to the
extent of such conflict.
Section 7. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 22nd day of October 2002
ROB)OLL
H. CHUNN, JR.
MAY - COMMISSIONER
ATTEST: CALL:
COMMISSIONER BERTINO - YES
. COMMISSIONER MCELYEA - ABSENT
L-WAEENE JO ON COMMISSIONER MIKES -YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO O AND CORRECTNESS:
BY:
TH M J.vANSBRO
CITY ATTORNEY
566.020/Resolutions/ApplicationFees
• 3 RESOLUTION NO. 2002-191
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
Charlene Johnson, City Clerk
FROM: Gary Resnick, Esq., Office of the City Attorney
Scott A. Robin, Esq., Office of the City Attorney
DATE: October 15, 2002
RE: Resolution Adopting Application Fees for Submittal of Applications for
Franchises from Cable and Open Video Systems Providers
• Attached please find a proposed Resolution adopting Application Fees for the submittal
of applications for franchises from cable and open video systems providers. On August, 13,
2002 the City adopted Ordinance No. 2002-35, codified at Chapter 22 of the City Code,
entitled "Cable Television and Open Video Systems" ("Cable Ordinance"), providing for
issuance and regulation of cable franchises for, and the installation, construction and operation
of Cable Systems within the City. The Cable Ordinance, Section 22-98(J), requires the City to
adopt a Resolution providing for Application Fees for the submittal of applications for the
grant, modification, renewal, and transfer of franchises for cable and open video providers.'
Additionally, the Cable Ordinance, in Section 22-99(F), states that a Franchisee shall
reimburse the City for all reasonable expenses incurred by the City in considering and
processing the Application, including, but not limited to, consulting and legal costs, less only
the amount of theApplication Fee.
Recommendation
It is our recommendation that the City Commission approve the proposed Resolution
adopting the.Application Fees to recapture the costs of the time associated with review by
applicable City staff, as well as any experts/consultants/attorneys that may be required by the
City to review franchise applications.
If you have any questions, please do not hesitate to contact us.
i
' Among other fees, the Resolution requires an Application Fee for a "pro forma transfer". Pursuant to Section
22-92 of the Cable Ordinance, a transfer is considered "pro forma" when it involves a transfer to a person or
group of persons wholly owned by the Franchisee or the same legal entity with controlling interest in the
Franchisee, and will not result in a change in the control or ultimate ownership of the Franchisee.
• Mayor and Commissioners
August 27, 2002
Page 2
566.020/Memos/ApplicationFees
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