HomeMy WebLinkAboutO-1989-059 < i
ORDINANCE NO 59-89 ! I
AN ORDINANCE OF THE CITY OF DANIA AMENDING
ORDINANCE NO. 25, AS AMENDED FROM TIME TO
TIME , PROVIDING FOR THE INCREASE OF
9 FRANCHISE FEES; PROVIDING FOR ENLARGEMENT OF
y THE FRANCHISE PERIOD; PROVIDING FOR REPEAL OF
RATE REGULATION; PROVIDING FOR DEFINITION OF
SUBSCRIBER GROSS RECEIPTS; PROVIDING FOR
RENEWAL OF FRANCHISE; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,
1990.
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WHEREAS, by Ordinance No. 25, passed and finally adopted on
final reading on May 7, 1973, the City granted to Florida Gold
Coast Cable TV, Inc. , a Florida corporation, its successors and
assigns, the right and authority to construct, maintain and
operate a cable television system in, over on and under the
public streets within the limits of the City; and
WHEREAS, by Resolution No. 01-88, the City approved the
transfer of the franchise from Florida Gold Coast Cable TV, Inc.
to Jones Intercable, Inc. , a Colorado corporation or any
affiliate of Jones Intercable, Inc. ; and
WHEREAS, it has been determined by the administrative staff
of the City of Dania that it would be in the best interest of the
City of Dania to increase the franchise fee paid to the City of
Dania by Jones Intercable, Inc. ; and
WHEREAS, it has been determined by the administrative staff
of the City of Dania that it would be in the best interest of the
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City of Dania to increase the period of the cable television
franchise of Jones Intercable, Inc. and to repeal certain
provisions rendered illegal by the Cable Communications Policy
Act of 1984; and
WHEREAS, it has been determined by the administrative staff
of the City of Dania that it would be in the best interest of the
City of Dania to otherwise amend Ordinance No. 25, passed and
finally adopted on final reading on May 7, 1973 and further
amended by Ordinance No. 19, passed and adopted on August 23,
1983 ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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Section 1. That the City of Dania Ordinance No. 25, as EY
passed and adopted on May 7, 1973, and further amended by A"
Ordinance No. 19, as passed and adopted on August 23, 1983, be P i i
and the same is hereby amended by extending the term of the non-
exclusive franchise granted therein for an additional ten (10)
year period, which said extended period shall begin on May 8,
1998 and end on May 7, 2008 and be subject to all the terms and
conditions set forth in Ordinance No. 25 as passed and adopted on
May 7, 1973 .
Section 2. That during the remainder of the franchise
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Period as extended by Ordinance No. 19 as passed and adopted on
August 23, 1983, and during the entire extended period of May 8,
1998 through May 7, 2008, Jones Intercable shall pay to the City
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five percent 5%
( ) of its subscriber gross receipts as a franchise �
fee.
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j Section 3 . That Section 7 of Ordinance No. 25, passed and
finally adopted on final readingMay
on Y 71973, is hereby
repealed.
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Section 4. That Section 3 of Ordinance No. 19, passed and
finally adopted on final reading on August 23, 1983 is hereby
repealed. "Subscriber Gross Receipts" shall hereafter be defined
compensation &&14-red received or collected by Company from
operation of the cable system within the City pursuant to this
Ordinance. " "Subscriber Gross Receipts" shall not be construed
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to include compensation received by Company for advertising
&erived received or collected from the operation of the cable
system.
Section 5. This franchise shall be renewed in accordance
with the requirements of the Cable Communications Policy Act of
1984 .
Section 6. That except as herein amended, all of the
provisions of said Ordinance No. 25 shall remain in full force
and effect during the remaining period of the ten (10) year
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extension period granted pursuant to Ordinance No. 19 as passed
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and adopted on August 23 , 1983, and during the entire extended
period of May 8 1998 through May 7 2008 P Y � g y granted hereunder.
Section 7 . That all ordinances or parts of ordinances and
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1 all resolutions or parts of resolutions in conflict herewith be
repealed to the extent of such conflict.
Section 8 . That this Ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the L4_th day of
NOVEMBER , 1989.
1 PASSED and ADOPTED on Second Reading on the 12th day of
1 DECEMBER
1989 .
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-MAYOR/COMMI SIO
ATTEST:
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CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
C.
FRANK C. ADLER, City Attorney :
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ORDINANCE NO. 59-89
3
NOTICE OF HEARING
BEFORE CITY
COMMISSION CITY OF
FLORIDA
ROF TN EI FOLLOW NON
! '( ) PROPOSED ORDINANCES
'THE S UN-TATTLER E�1I Mew of U
I Florida. on December 12'
Established as The Hollywood Sun - January4. 1935
.00n*1 thaflar eS lne mat•
ter may be Merl,will eon-
HOLLYWOOD, BROWARD COUNTY. FLORIDA I dcil:l[emoml h if
let
Ine Denla Cllv HSIL I0o
OanIa,OFlo�de'dbBd Blivd„
Ine proposed atlapll0n Rf
Ine loll0wlnp Ortllna0Ce3
I STATE OF FLORIDA emoted:
COUNTY OF BROWARD AN ORDINANCE OF THE
CITY
D DANIA, FLTHI-
PLES GAS SYSTEM.PH0"
Before the undersigned authority personally appeared Sybil J. Whale I A FLORIDA CORPORA-
' y AND•ASSIGNS AEFRANS
who on oath says (he/she) is Classified Telemark tang tan ger CHISEFOR APERIODOF
CONSTHIRTRUCT, OPERATE'
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward IATIDlry SSVSTE IN M A i e
CITY OF DANIA, FLORI-
Counly, Florida; that the attached copy of advertisement, being a TDHE TERMS ANO CONDO.
Notice Of Hearing noes of sow FRAN-
jCHISE AND FOR REVO•
CATION THEREOF; AND
ORDINANCES OR PARTS
in the matter of City of Dania OF ORDINANCES ANO
ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS
In(he_omm. (Zoom XXX IN CONFLICT HEREWITH
BE REPEALED TO THE
FLICTN AND OF SUCH CON.
PROVIDING
was published in said newspaper in the issue of Nov 30, 1989 FOR AN EFF GCTIVE
DATE.
"AN ORDINANCE OF THE
CITV OF DANIA AMEND•
ING ANE
Affiani further says that the said SUN TATT1,ERisanewpaper published at lfollywood In tine OR DIN C NO. 25,
TOE TIME.PR VI -
saidBrowardCounly, Florida,andthat the said newspaper has heretofore been continuously oc FRR TH I C AS
published in said Broward County, Florida, each week and has been entered as second class Lll FRA N is ire matter at the post office in Hollywood in said County. Florida, for a period of one year next FRRANCHIS In RI
R E-preceding the first publication of the attached copy of advertisement: and afflant further LETION PROVIDING FOR
says that he. has neither paid nor promised any person. firm or cot DEFINITION of Sue-
rebate,commission or refund for the purpose of securing this advertisement for publication RENEWAL To SS
SFRAM
SCRIB;PROVIDING FOR
in the aid newspaper. CHISE; AL IDING FOR
REPEAL OF CONFLICT•
-- ING ORDINANCES OR
RESOLUTIONS; AND
FECTIVE UPTEROFNJA
.--- __ DARY 1, 1911 N-
Sworn to and subscribed Wore me [IA. pF IDANCq FLORH '
D AMENDING PA pA.
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,(�A 6 f��' GRAPH lot OF SE CTION
...2 this day O( A.D. I9_1 e-]I OF THE CORE OF
ORDINANCES F TH I-
T�/ ^ CITY OF DANIA, FLOR ,
S WHO ARE Ggq•l NOTARY PUBLIC TIE S To A MOTOR
(SEAL) NOTARY PUBLIC.STATE OF FLORIDA, I [H:56 EA REEME
MT COMMISSION EXPIRES;AUG.20, 1993. Ai� oR OilID,XIfNacE3HOR
RVNOEO TMRU NOTARY Puli UNUCNw RITERRI PARTS OF ORDINANCES
AND 4LL RESOLUTIONS
OR PARTS OF RESOLW
. . TIONS IN CONFLICT
PEAL EDI TO TB E EX•
TENT OF SVCN CON-
iFLICT; ANO PROVIDING
FOR AN EFFECTIVE
DATE"
A Coor o1 male ProPOud
ordinance.are en fde In he
office of In*CIIY Clerk,CI1r
hhef..D1nle' Florida,. nd
mar be Ili
br Is
Public during normal wolk-
Ins noun.
INereUed .."I" met as.
our el Ine elore.ald mael-
Ing and be heard with ra-
S'"i In the pmo01ed.
Anr per.on no decide,fo
•.Peal an, drtlHOn made
av the City CommiSalon
win rnpecl is an, mane.
cdmldoed .1 IMf hearing
Witt head a record of In*
noueding. and for fucn
Porn,. me9 need Id an.
lull that a rerballm record
ollne Procefdlnp.b merle.
1111moe Orinit c.11din(d
Upon which me.....I ry to
be made.
fu Wanda Mullikin
CUv Clerk
HS-NPrember 50,1110 N-V