HomeMy WebLinkAbout50982 - AGREE/CONT - Agreements/ContractsNO 59-89
AN ORDINANCE OF THE CITY OF DANIA AMENDING
ORDINANCE NO. 25, AS AMENDED FROM TIME TO
TIME, PROVIDING FOR THE INCREASE OF
FRANCHISE FEES; PROVIDING FOR ENLARGEMENT OF
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.
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
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:
Section 1. That the City of Dania Ordinance No. 25, as
passed and adopted on May 7, 1973, and further amended by
Ordinance No. 19, as passed and adopted on August 23, 1983, be
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
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
five percent (5%) of its subscriber gross receipts as a franchise
fee.
Section 3. That Section 7 of Ordinance No. 25, passed and
finally adopted on final reading on May 7, 1973, is hereby
repealed.
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 derived 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
to include compensation received by Company for advertising
deri-ved 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
extension period granted pursuant to Ordinance No. 19 as passed
2
,
and adopted on August 23, 1983, and during the entire extended
period of May 8, 1998 through May 7, 2008 granted hereunder.
Section 7. That all ordinances or parts of ordinances and
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 14th day of
NOVEMBER , 1989.
PASSED and ADOPTED on Second Reading on the 12th day of
DECEMBER 1989.
ATTEST:
CITY CLERK -AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
p" Rp
(� . a&4.�_
FRANK C. ADLER, City Attorney
3
`MAYOR/COMMISSIONED-
ORDINANCE NO. 59-89
The Hanover Insurance Companies
❑ The Hanover Insurance Company ® Massachusetts Bay Insurance Company
FRANCHISE BOND Bond No. BLZ1558501
Know all men by these presents,
That Jones Intercable, Inc., a Colorado Corporation as Principal, and
❑ THE HANOVER INSURANCE COMPANY, a corporation of the State of New Hampshire, 13 MASSACHUSETTS
BAY INSURANCE COMPANY, a corporation of the Commonwealth of Massachusetts, having its executive office
in Worcester, Massachusetts as Surety, are held and firmly bound unto Town of Dania Town Hall.
100 West Dania Beach Blvd., Dania, Florida 33004 ,
hereinafter referred to as Obligee in the penal sum of Five Thousand and 00/100 ------------------
5,000.00 ) for the payment of which, well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents, the liability of the Surety being limited to said penal sum regardless of the
number of years this bond remains in force or is renewed, of the number of premiums that shall be payable or
paid, the number of Subscribers to the system and/or legal fees which may be required and incurred.
WHEREAS, the Obligee has granted a franchise to Principal to use the public streets and places within the
Municipality to transmit and distribute electrical impulses through an open line -coaxial antenna system for
television receivers located within said Town of Dania
NOW THEREFORE, the condition of this obligation is such, that if the above bound principal shall faithfully
perform, well and truly observe and fulfill the terms and conditions of the franchise, then this obligation shall be
null and void; otherwise, it shall remain in full force and effect until terminated or cancelled.
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of
any default on the part of the Principal, a written statement of the particularfacts showing the date and nature of
such default shall be immediately delivered to the Surety by certified mail at 440 Lincoln Street, Worcester,
Massachusetts 01605.
AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on
this instrument unless the same be brought or instituted and process served upon the Surety within twelve
months after an act of breach or cancellation of this bond ortermination of said franchise, whichever occurs first.
This Bond may be terminated or cancelled by Surety by giving thirty (30) days prior notice in writing to
Principal and said Obligee, such notice to be given by certified mail. Such termination or cancellation shall not
affect any liability incurred or accrued under this Bond prior to the effective date of such termination or
cancellation.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
1st _dav of March , 19 88
WITNESS:
Approved and Accepted by:
Title
Jones Intercable, Inc.,
A Colorado Corporation (Seal)
(Principal)
By
Timothy J. Burke, Vice President
(Title)
❑ THE HANOVER INSURANCE COMPANY
MASSAI�HUSETTS BAY INSURANCE COMPANY
Shirley A.
FORM 181-1079 NS (8/81)
FORM 641-0241 (5/85)
Massachusetts Bay Insurance Company WORCESTER. MASS. 01605
POWER OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That MASSACHUSETTS BAY INSURANCE COMPANY, a corporation organized and
existing under the laws of The Commonwealth of Massachusetts, does hereby constitute and appoint
- James J. Nevins, William G. Franey, Brenda L. Davis, John R. Muha, II,
and/or Shirley A. Harkins -
of Capitol Heights, Maryland and each is its true and lawful Attorneys) -in -fact to sign,
execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United States, or, if the
following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
- Any such obligations in the United States, in any amount -
And said Company hereby ratifies and confirms all and whatsoever said Attorneys) -in -fact may lawfully do in the premises by virtue of
these presents.
This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a
meeting held at the principal office of said Company, a quorum being present and voting, on the fourteenth day of April, 1982, which
resolution is still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any
and all bonds, recognizances, contracts of indemnity, waivers of citation and all otherwritings obligatory in the nature thereof, with powerto attach
thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if theyhad been
duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.'"
IN WITNESS WHEREOF, MASSACHUSETTS BAY INSURANCE COMPANY has caused these presents to be sealed with its
corporate seal, duly attested by its Vice President and its Assistant Vice President, this 4th
day of March 19 86
MASSACHUSETTS BAY INSURANCE COMPANY
Vice President
(SEAL)
Assistant Vice President
THE COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER •',� _,.�;
On this 4th day of Marc11� :%=;°c`��- ��. 1�& before me came the above named Vice President
and Assistant Vice President of Massachusetts �plbtiance'om p , toyle personally known to be the individuals and officers
described herein, and acknowledged that the seal afJVd se fet�eil inganstrument is the corporate seal of Massachusetts Bay
Insurance Company and that the said corporate s6al al"iInheir dignatVs asyfficers were duly affixed and subscribed to said instru-
ment by the authority and direction of said Corp6r�aQsUr1,„'�9gS�ct^:�;•'
(SEAL) Notary Public
My Commission Expires May 29, 1992
I, the undersigned Assistant Vice President of the Massachusetts Bay Insurance Company, hereby certify that the above and
foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that
the said Power of Attorney is still in force and effect,
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
Massachusetts Bay Insurance Company at a meeting held on the 14th day of April, 1982.
"RESOLVED, That any and all Powers of Attorney, and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company shall be binding on the Company to
the same extent as if all signatures thereon were manually affixed even though one or more of any such signatures thereon may be facsimile.'"
GIVEN under my hand and the seal of said Company, at Worcester, Massachusetts, this 1st
day of March 19 88
/111 -t�enr✓wA.v
Assistant Vice President