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HomeMy WebLinkAboutO-11443J-97-113 a/1Q/97 ORDINANCE NO. 11443 AN EMERGENCY ORDINANCE AMENDING CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCE NO. 9332, AS AMENDED, BY EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND MIAMI TELE- COMMUNICATIONS, INC. FOR A PERIOD OF THREE MONTHS, FROM FEBRUARY 18, 1997 TO MAY 18, 1997; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami and Miami Tele-Communications, Inc. ("NMI") entered into a Franchise Agreement ("Agreement"), pursuant to Ordinance No. 9332, for a term of 15 years, with an expiration date of November 18, 1996; and WHEREAS, the City and MTCI entered into negotiations for the renewal of said Agreement but due to changes to the federal telecommunications laws and rapid advances in technology, the complexity of said negotiations increased which necessitated an extension of said Agreement; and WHEREAS, pursuant to Ordinance No. 11410, adopted October 30, 1996, said Agreement was extended to February 18, 1997; and WHEREAS, the City and MTCI are still undergoing negotiations and it is necessary to extend said Agreement for an additional three month period, from February 18, 1997 to May 18, 1997; 11443 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. City of Miami Cable Television License Ordinance No. 9332, as amended, is hereby amended by extending the term of the Cable Television Franchise Agreement between the City of Miami, Florida, and Miami Tele-Communications, Inc. for an additional period of three months, from February 18, 1997 to May 18, 1997. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. - 2 - t14.1 Section. 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED BY TITLE ONLY this 20th day of February I997. ATTEST: its; WALTER J. J06EkAN CITY CLERK CAROLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. JO , III CITY ATTO W252:BSS 7 - 3 - 11443 «W IM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 10 The Honorable Mayor and Members February 12, 1997 To of the City Commission DATE Fitt Request for Extension of sua,ECT Miami-TCI Cable TV Franchise FROM • Edwatil M uez REFERENCES City Manager ENCLOSURES RECOMMENDATION: It is respecdWly recommended that the City Commission approve an emergency ordinance amending Ordinance 9332, as amended, to provide for a three-month extension of the existing cable franchise agreement between the City of Miami and Miami - Telecommunications Inc., which expired on November 18, 1996) to provide an additional three-month extension from February 18, 1997 to May 18, 1997. BACKGROUND: In 1981, the City approved Ordinance No. 9332, as subsequently amended, authorizing Miami -Telecommunications, Inc. to operate a cable television system in the City of Miami, Florida for a period of fifteen years. While the City and Miami-TCI are currently negotiating the renewal of this cable franchise, both parties are in agreement that the renewal process will not be completed prior to the extension expiration date of February 18, 1997. In light of recent changes to the federal telecommunications laws, it is in the best interest of the City of Miami and its citizens to extend the existing cable franchise agreement to ensure that the City continue to receive avenue from the cable TV franchise as well as provide additional time to resolve the complexities of the negotiation of a renewal agreement with Miami-TCI. The expected tirnefame for completion of the negotiation is currently unknown pending the resolution of several issues. One issue is financial arising from an audit that was conducted as part of the process of evaluating Miami-TCI's performance during the current franchise period Another issue is the determination of Miami-TCI's plan on a rebuild of the current system, which is pending a response from Miami-TCI. The anticipated revenue from Miami-TCI for the current fiscal year is the currently budgeted amount of $856,353. Al 1.144J MIAMI DAILY BUSINESS REVIEW ftMehad Dewy WOW Saturday, Sunday and k%ft, LDeeft Coe, Florda. MTATI OF FLONMM COUNTY OF DADE Oa»dais V" ww ed n aor it:mop, 9 Me fluparvIsar. L"al "loss of the Mi mi Daily Mueiness � Ls�l Moll" nawa11110 - � p 111111 d afl � In Duda County. Florida; that the attached GM of advertisement. belrq • LaMsl Adtrertlaernarrt of Notice M tM nlatMr of CITY OF MIAMI ORDINANCE NO. 11443 Mthe.».».».....»«...».} g}{........................»_». Court, Was pubMalrad In geld newq"m In the Issues of Mar 5, 1997 Afflant Review la r up VW thahae said Miami Day Mualnasa _ n@wgwW pumld at Miami In acid Dells boar 000rr OWIF perbMNrsd In UM Della County, Florida, each airy (except Mabadry, > wfty and Leila 1MMd y ) and haebeen entered n aaCOrld Chao null Instferat the post office In Mend In ask! Della County, Flalda, for a period of one year next prsoadkrM the fuel publlo ND, of the atdehad owal and afllant further says that No has neither Feld rebalaed any or Corporation atom my dh""ally for In Ow aald 5 (UAL) Octakne V. Feibeps wn 10 and subaa:rfbad bslo►a me eft March 97 JANETT LLERENA COWNWOrr NUMBER t `Cc5G6004 My COWAISBfON EXWRES o1TY O!f �A�s • `em NOV= - (iMiltllrll0 va we tAMN ad an MM AEI dw d row ,1 �M YWK now 41111111111111111111 M i1111111lolr AN am TO .0o CITY ATIMMY, PKCR THM18 MAMOK: CONTAMrMNO A fflW0WjlM AN CAKE N06 MMR AIQ TEI.l111® , PRA� MNNMWL;WrqWtjM CRYOFfA%%FWPOKIMLMW Imawwwwwwwr TI OMB. W& FOR. A PEIMOO OF T" MAE' FBI IAill1Y .It 1MF TO MAY 19, 1110'. 0MINVO NEPEA M PROV11111ION•AM A 'ClAll AND PROVMiMNCi MR AN M CRCIMMWRM REA= TO ti. COD OF THE CRY OF MIAMI, FiA1MA4 ENTITLED: 'GAN UM AND' TRAtM�; II�QA TM U61 TO =11 AND OR MAR" THE THONS OFMCLOWALWASM.,411KNAKWAL AID' �(JOMLITIMJl:R1011 AND DEIAOLITgN . Dom; f%N")M AHvlNolwol et�TloM >e ro ' vL= r wwwsvwmm ow .ter atdwmw • r<iwe. WADIN-i #wwr w�_o�r�wrawwv sir �+aswew+�ww� W MIMAOM A 1AVIKALEOA PR�i1IMiI01i i�ipb A AN ONDMUNCE AIrENDMt1fA CMAP'MR,d OF TIE2 OF THE CRY OF "W0111. FtAN11111IL A8 , rY CREATN6 MTid�E ill. BECHNOPMA �R . TO BE ENTIRM 41I *410LE FQ'WN CMIG MRANIM UNDER MAY MAY BE llIM PMiIM: PROVK Mr1fA FOR, Ab!'' Tmwm PA'rYAALTY FOR TM. tw OF N VEIMCiEe L�fD®I coif C/II TAONCES. AND A �0I REVIE OP "IM rAPOLOAD ENT OOINf1IM0� NO A REPEALER PROM11111tON AND CLAUGMt PWO W FOR AM WMI14A.'Aft PRO�VD1l10 FOR NiCWiION M THECfTYOOOE..' . ' ' •. . AIMDaMNCtMQ11if�M^ AN tREROlI1iCY OtilMriAMCE EETA■L,S MPKi 11PECIAL REVS" PUP® 81ITFL4ffi 'DIilB (" " ENTRANTREAJOEE ' ANWAI S.f PR©OfAl110A'" 1MAD MNB APPROPRIAT"JNW "FOR TiE OPtINl I16N OF •BAME.•N `THE AMOIlff OR �tl=.MMZ Tim iigMlT '. AIWAIM•TiilOfifil0'T' t *OLJI VU) MDA l4fl %ZVM WP l: ' AM TRANIMNf l ' CONmtN TMA NMJTHf>Ii M THE CRY MAWA1ER'M ACWPT1AEl-tY{ANT``1 Aft AM EMECtRE: THE, NAY 00CUMOM ' IN A FORM'AOCEFUNATO THE CITY ATTONMEY. %"THE SRI FM THMB RURPM OONMM" A REPEALER PROVIMIM AND A SEVERABLRY GLAD OE AND PROVMD- t Mdfll PDR M EFFECTIVE DATE. Said arina�oiif niay W,lnlpsuad by the ptrt>fio a1911! OMoi�t1 PM City HM, 3= Pan 7tfIirlofy ,Vfts. Miami. Ptodds. Monday lrtill(%I Frida),.,,rd,dr,� Ilbfetaya; ixlfw.ad the hour@.J U a* * d 4.Pik WN CLERK 34 (04 of i00fiTiAtY,.