HomeMy WebLinkAbout50983 - AGREE/CONT - Agreements/ContractsORDINANCE NO. 19
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ORDINANCE NO. 25 AS PASSED AND
FINALLY ADOPTED ON MAY 7, 1973, TO EXTEND
THE NON-EXCLUSIVE FRANCHISE GRANTED THEREIN
TO FLORIDA GOLD COAST CABLE TV, INC. AND
ITS SUCCESSORS AND ASSIGNS FOR AN ADDITIONAL
TEN (10) YEAR PERIOD, FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A DISTRIBUTION
SYSTEM FOR TELEVISION, RADIO AND OTHER AUDIO-
VISUAL SIGNALS THROUGHOUT THE CITY OF DANIA;
AND PROVIDING 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RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED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; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania, Florida, by its Ordinance
No. 25, passed and finally adopted on May 7, 1973, granted to
FLORIDA GOLD COAST CABLE TV, INC., a Florida corporation, its
successors and assigns, the right and authority to install,
maintain and operate a transmitting and distribution system
for television, radio and other audio-visual electrical signal
distribution in, over, on and under the public streets within
the limits of the city and to maintain and use same for the
purpose of constructing and operating a transmitting and dis-
tribution system for television, radio and other audio-visual
signal distribution systems throughout the City of Dania for a
term of fifteen (15) years from May 7, 1973; 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 extend said franchise permit for an
additional ten (10) year period upon the same terms and condi-
tions as set forth in said Ordinance No. 25.
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, be and the same is hereby
amended by extending the term of the non-exclusive franchise
permit granted therein for an additional ten (10) year period,
which said extended period shall begin on May 8, 1988 and end
on May 7, 1998, and be subject to all the terms and conditions
set forth in said Ordinance No. 25 as passed and adopted on
May 7, 1973.
Section 2. That the additional ten (10) year term
granted for said franchise permit as hereinabove set forth
shall be subject to the said FLORIDA GOLD COAST CABLE TV, INC.,
its successors and assigns, continuing its payment of the fees
required by said Ordinance No. 25 and complying with all other
provisions of said ordinance, notwithstanding any legislative
acts by the Congress of the United States or the Legislature
of the State of Florida.
Section 3. That during the remainder of the original
franchise period, i.e., from the effective date of this Ordinance
through May 7, 1988, and during the entire extended period of
May 8, 1988 through May 7, 1998, granted by this Ordinance, the
term "Subscriber Gross Receipts" as the same appears in Section
8 of said Ordinance No. 25 shall be defined as follows:
"Subscriber Gross Receipts shall mean all
compensation received by the Grantee for
communication services related to the City
of Dania arising from the installation and
sale of its regular and and pay TV monthly
service to its subscribers, fees paid for
medical, fire and burglar alarm service
and data transmission, leased channel fees
and any other fees paid directly to the
Grantee for communication services in the
City of Dania."
and the said Section 8 of Ordinance No. 25, as passed and adopted
on May 7, 1973, be and the same is further amended to encompass
that definition therein.
Section 4. That except as herein amended, all of the
provisions of said Ordinance No. 25 shall remain in full force
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and effect during the remaining period of the initial fifteen
(15) year franchise period, as well as during the additional
ten (10) year extension period granted herein.
Section 5. That all ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict here-
with be repealed to the extent of such conflict.
Section 6. That this ordinance shall be in force and
take effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the 9th day
of August , 1983.
PASSED and ADOPTED on Second and Final Reading on the
23rd day of August , 1983.
ATTEST:
CITY CLE -AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
C. 4Q&."
FRANK C. ADLE , City Attorney
FAY -OR -COMMISSIONER
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