HomeMy WebLinkAboutO-10146C-86y786
9/4/86
ORDINANCE NO. 1 0 1 4
AN EMERGENCY ORDINANCE AMENDING CITY OF MIAMI
CABLE TELEVISION LICENSE ORDINANCE No, 9332
BY PROVIDING FOR THE DELETION OF CERTAIN
PROVISIONS IN SECTION 204(i) DEALING WITH THE
FORFEITURE OF THE CABLE LICENSEE'S SECURITY
FUND IN THE EVENT OF TRANSFER, .SALE OR
ASSIGNMENT WITHIN FIVE (5) YEARS OF THE
EFFECTIVE DATE OF ORDINANCE NO. 9332; FURTHER
AMENDING SECTION 405(a) DEALING WITH ANNUAL
CONTRIBUTIONS FOR CABLE ACCESS SERVICES BY
ADDING A NEW PROVISION FOR A TERMINATION DATE
AND DELETING THE PROVISIONS REQUIRING DIRECT
FINANCIAL SUPPORT OF THE COMMUNITY ACCESS
CORPORATION; FURTHER AMENDING SECTION 406 BY
DELETING THE PROVISIONS FOR FURTHER ANNUAL
CONTRIBUTIONS PAYABLE TO THE CITY IN THE
AMOUNT OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00) TO BE USED IN CONNECTION WITH
DRUG ENFORCEMENT PROGRAMMING AND ADDING A NEW
PROVISION FOR A CREDIT OF PAYMENTS THROUGH A
DATE CERTAIN; FURTHER PROVIDING FOR THE
AMENDMENT OF SECTION 1001 DEALING WITH THE
SECURITY FUND 13Y ADDING A NEW PROVISION FOR
THE RELEASE OF FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) FROM THE SECURITY FUND TO THE
CABLE LICENSEE UPON SUBSTANTIAL COMPLETION OF
CONSTRUCTION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, the City of Miami granted a nonexclusive license to
Miami Tele-Communications, Inc. and Americable of Greater Miami,
LTD. (hereinafter Miami Cablevision) to construct, operate and
maintain a cable television system within the City of Miami in
accordance with the terms and conditions set forth in City of
Miami Cable Television License Ordinance No. 9332, passed and
adopted October 19, 1981; and
WHEREAS, since the adoption of City of Miami Cable
Television Licensee Ordinance No. 9332, the City has identified
provisions and obligations imposed upon the cable licensee that
could best be restructured in an effort to maximize the benefits
to be derived by the citizens of Miami; and
WHEREAS, the Cable Communications Policy Act of 1984
establishes a comprehensive statutory scheme for franchising and
regulation of cable television; and
WHEREAS, the City and Miami. Cablevision have been engaged in
�k
relative to disputes and differences in interpretation of the
' provisions of the Cable Communications Police Act of 1984; and
WHEREAS, the modifications to the existing license ordinance
contained herein ate the result of negotiations and mutually
agreeable terms between the City and Miami Cablevision; and
WHEREAS+ it is in the hest interest of the citizens of Miami
that these modifications herein be effectuated so as to resolve
all existing disputes and avoid costly and lengthy Litigation;
NOWO THEREPORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. City of Miami Cable Television License Ordinance
No. 9332 is hereby amended as follows:
to *
11
Limitations upon licensee.
thin fire-(5) years a€tee--t-he e9feetive- Elate - 9
this erdimanee, wh i-eh-ever is i e6ge-r , the
shall forfeit its seetirity fand as eL-avlded
{ s. bseetleR--(9) e€ seetien ,go,_�-_t►;-is_er-d, e
Pc
ehl ! b e pa i� -fee-the - -r--
1
e The priority of a valid prior existing
mortgage which has been approved by the city in
accordance with subsection (d) of this section
shall be recognized and shall not be impaired.
her-eby, Book value net-!eelede the value e
the I l a e issti--�=*eeire a s-ism = e a i: ac =T
i
1 Words and/or figures stric% en through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged material...
I �2-
0 1;4 6
Section 405, Annual contributions to be allodated by
(a)
the City.
Por the purposes herein Specifiedr the licensee
shall make annual contributions payable to the
city in the amount of three (3) iDercent of the
licensee's grass revenues or six hundred thousand
dollars ($600,000.00), whichever is greater
through the date of. June 30,_19.84. The city shall
use the contributions made pursuant to this
subsection to stimulate community use of the
system's access services; ie---..Ide 01L-ee''
e9�99�r- to experiment with and test the uses
of cable by the various city and educational
institutions to reach the public; to implement
uses and develop plans for the uses of cable
television as an integral part of the city's
operations; and for other public purposes that the
city deems appropriate. Ro-�-= the first five '"
yeaFs--a-9bev the er a shmentz a€ the eef*nu ,; t
amass--ea-per a t i e R,---th• a e i t y__ R14RI , Q Q n t. r ;1;
,eerperation submits the plan and budget- . -e4
Annual contributions by the licensee pursuant to
subsection (a) of this section shall be made
1 0140
quarterlyr in accordance with the schedule and
procedure specified in section 902, The
contributions made under this :section shall. be in
addition tot not in lieu of, any amount paid under
section 001 of this ordinance.
Section 406. Other contributions.
44e The licensee shall make annual contributions
payable to the city in the amount of two hundred
thousand dollars ($200,000.00) to be used in the
public interest in connection with the city's drug
enforcement efforts and the development of plans
for the use of the system to promote such efforts
through the date of October 1, 1986.
Section 1001. Security Fund.
(a) Within ten (10) days after the effective date of
this ordinance, the licensee shall deposit with
the department of finance and maintain on deposit
the sum of two million dollars ($2,000,000.00).
Upon"substantial completion of construction of the
cable television system, the cable licensee shall
be entitled to the release of five hundred
thousand dollars ($.500,000.00) from the security
fund.
Section 2. All ordinances or parts of ordinances in
conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 3. 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 4. This ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for
preservation of Aeacb, health, safety, and property of the City
-4
1 0146
of Miami and upon the further ground of resolving ongoing
disputes and avoidance of further_ lengthy and costly litigation
relative to the+ :legality and enforceability of provisions of
Ordinance No. 9332 under the Cable Communications Policy Act of
1984.
.'Section 5. The requirement of readincq this ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
PASSED AND ADOPTED this , 11 t-,j, day of Selltemhe , 1986.
ATTE X IER L. SUAREZ, yor
MAT HIRAf
City Clerk
PREPARED AND APPROVED BY:
Deputy City A torney
APPROVED-" TO FORM AND CORRECTNESS:
LUCfA A. DOUG
City Attorney
AQJ/wpc/pb/M069
11 WttY Israi, C er1K t!u
Of Mknd. Flur , d.:
thnt on the-1.�=--day oL�'�°=-
hereby oertifY y of the above
A. 1). 19 '�? .s full, true and correct n°pll� South 1)rn
:end forefiuin;t orditinnce wu�; P ` tt� •nlace ;�racitic ,l
Co untude ty G,*urt
of Hvu.:e at the p
f nutica and ;�ubli•.atit ns 1)y attaching said c:►pyfoc
the pL•Ice proviti:"a 61"ref'r.
MY halal and file Official seal o{ snicl'
Git� thi;lc�..� J:iy of
City C',*k
i
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF PLO RIDA
COUNTY OF DADE.,
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida: that the attached
copy of adlvertisemerlL being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10146
P,0. # 4072
In the ....... .......... X.XX............ ....... Court,
was published In said newspaper In the issues of
September 18, 1986
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade County, Florida. for a period of one year next preceding
the first publication of the attached copy of advertisement; and
altiani f4tfher says that she has neither paid nor promised any
persoF-�,
i or corporation any, discount, rebate, commission
or Jorthe purpose of securing this advertisement for
pubifcin the sold newspaper,
tb'r�d bscribed before me this
�
C�
18
7Aj S �.. r..,, A.D. 19.8.6. .
Nole✓ pLye a
� P Ili, ate of lorida at Large
(SEAL)
My Corn
ggo,
LCOAL NOTICl€
All interested petsons will take notice that on the lith day.of
September; 1966, the City CoMmissioh of Miami, Florida, adopted
the following titled ordlhance(s):
ORDINANCE NO. 10`10
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
No. 9939, ADOPTED DECEMBER 20, 1964; AS AMENDED,
THE CAPITAL IMPROVEMENT APPROPRIATIONS, QRDI-
NANCE, BY INCREASING THE APPROPRIATIONS FOR.,,
TWO PROJECTS ENTITLED: "ORANGE BOWL CON-
CRETE SLA13 AND JOIST REPAIR" and "ORANGE BOWL
RECEPTIONIPRESS INTERVIEW AREA" IN THE
AMOUNTS OF $30,000 AND $50,000, RESPECTIVELY, FROM
DADE COUNTY. RESORT TAX REVENUES; CONTAINING }A
REPEALER PROVISION AND A'SEVERABILITY CLAUSE.
ORDINANCE No. 10144
AN ORDINANCE AMENDING CHAPTER 4 ALCOHOLIC
BEVERAGES, ARTICLE 1 IN GENERAL, OF THE CODE OF
THE CITY OF MIAMI, FLORIDA BY ADDING "OR CON-
SUMED" TO SECTION 4.1; AND BY ADDING A NEW PAR
AGRAPH TO SECTION 4.3 (a) WHICH :DEFINES A
WATERFRONT SPECIALTY CENTER; BY AMENDING PAR-,
AGRAPHS (2),(3) AND (5) OF SECTION 4.3 (c)TO PROVIDE
AN EXCEPTION FOR SUNDAY SALES, AND ESTABLISH
HOURS OF OPERATION FOR WATERFRONT SPECIALTY
CENTERS; BY ADDING A NEW SUBSECTION (e) TO SEC-
TION 4.14 TO PROVIDE AN EXCEPTION FROM DISTANCE
REQUIREMENTS, LIMIT THE NUMBER OF ESTABLISH-
MENTS AND RESTRICT SIGNS, FOR AND IN WATERFRONT
SPECIALTY CENTERS; CONTAINING A REPEALER- PRO-
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10145
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10112, ADOPTED JUNE 12; 1966, BY APPROPRIATING
THE ADDITIONAL SUM. OF $2,030,000 FOR THE EXECU-
TION OF A NEW TRUST: AND AGENCY FUND ENTITLED
COMMUNITY DEVELOPMENT BLOCK GRANT (TWELFTH
YEAR),. CONTAINING A REPEALER PROVISION AND`A
SEVERABILITY CLAUSE,
ORDINANCE NO. 10146
AN EMERGENCY ORDINANCE AMENDING CITY OF MIAMI,
CABLE TELEVISION LICENSE ORDINANCE NO. 9332 BY
PROVIDING FOR THE DELETION OF CERTAIN PROVISIONS
IN SECTION 204(l) DEALING WITH THE FORFEITURE OF
THE CABLE LICENSEE'S SECURITY FUND IN THE EVENT
OF TRANSFER, SALE OR ASSIGNMENT WITHIN FIVE (5)
YEARS OF THE EFFECTIVE DATE OF. ORDINANCE NO.
9332; FURTHER AMENDING SECTION 405(a) DEALING;
WITH ANNUAL CONTRIBUTIONS FOR CABLE ACCESS
SERVICES BY ADDING A NEW PROVISION FOR A TERMI• `
NATION DATE AND DELETING THE PROVISIONS REOUIR
ING DIRECT FINANCIAL SUPPORT OF THE COMMUNITY
ACCESS CORPORATION; FURTHER AMENDING SECTION
406 BY DELETING THE PROVISIONS''FOR FURTHER ,
ANNUAL CONTRIBUTIONS PAYABLE TO THE CITY IN THE '
AMOUNT OF TWO HUNDRED .THOUSAND DOLLARS
($200,000.00) TO'BE USED IN CONNECTION WITH DRUG
ENFORCEMENT PROGRAMMING AND, ADDING A NEW'
PROVISION FOR A CREDIT OF PAYMENTS THROUGH A
DATE CERTAIN; FURTHER PROVIDING FOR THE AMEND;
MENT OF SECTION 1001 DEALING WITH THE SECURITY
FUND BY ADDING ANEW PROVISION FOR THE RE'4.EASE'
OF FIVE HUNDRED THQUSANP DOLLARS. ($500,000.00)
FROM THE SECURITY FUND TO THE CABLE UCENEEE
UPON SUBSTANTIAL COMPLETION OF=.NSTRUCTION;
CONTAINING A REPEALER PROVISION ANDA SEVJ-RASIL
JTY CLAUSE,
sAt'� DFti� MATTY HIRAI
W CITY CLERK,
r m CITY OF MIAMI, FLORIDA
(04072)
a`pr,,rr
911s '. J�13p911370M
Mil 114
•
C
NfiAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADEt
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10144
In the .. ....XXX................ ........ Court,
was published in said newspaper In the issues of
Oct. 3, 1986
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore bean continuously
published in said Dade County,- Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dada County, Florida, for a period of one year next preceding
the first p Ication of the attached copy of advertisement; and
affiant 1 It says that she has neither paid nor promised any
person if or corporation any discount, rebate, commission
or rat d or the purpose of securing this advertisement for
public if In the s newspaper.
O T q,� .
�V Awom to bn s a ibed before me this
A . 191.. 8.6
e14 V. Ferbeyre . .... .
u
0/_ 4 0 bllc, to of Florida at Large
(sF.A� Fl ftID�u
My Commission ex
City OF MIAM6
bAOE 6OUNTY,'PLOR116A
LEGAL N6flift
All Interested persons will take notice that on the iith day of
�SepteMber; 1986, the City Commission of Miami, Florida, adopted
the following titled brdinance(S):
ORDINANCE NO. 1101 AS
AN EMERGENCY: ORDINANCE AMENDING ORDINANCE NO.
9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE,
BY INCREASING THE APPROPRIATIONS FOR TWO PROJ-
ECTS ENTITLED; "ORANGE BOWL —CONCRETE SLAB AND
JOIST REPAIR" AND "ORANGE BOWURECEPTIONiPRESS
INTERVIEW AREA" IN THE AMOUNTS OF $30,000 AND
$50,000 RESPECTIVELY, FROM_DADE COUNTY RESORT TAX
REVENUES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 10144
AN ORDINANCE AMENDING CHAPTER 4 ALCOHOLIC BEV-
ERAGES, ARTICLE 11N GENERAL, OF THE CODE OF THE
CITY OF MIAMI, FLO131DA BY ADDING "OR CONSUMED"
TO SECTION 4.1; AND BY ADDING A NEW PARAGRAPH TO
SECTION 4.3 (a) WHICH DEFINES A WATERFRONT SPE-
CIALTY CENTER; BY AMENDING PARAGRAPHS (2),(3) AND
(5) OF SECTION 4.3 (c) TO PROVIDE AN EXCEPTION FOR
SUNDAY SALES, AND ESTABLISH HOURS OF OPERATION
FOR WATERFRONT SPECIALTY CENTERS: BY ADDING A
NEW SUBSECTION (e) TO SECTION 4.14 TO PROVIDE AN
EXCEPTION FROM DISTANCE REQUIREMENTS, LIMIT THE
NUMBER OF ESTABLISHMENTS AND RESTRICT SIGNS,
FOR AND IN WATERFRONT SPECIALTY CENTERS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO. 10145
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10112, ADOPTED JUNE 12, 1986, BY APPROPRIATING
THE ADDITIONAL SUM OF $2,030,000 FOR THE EXECU-
TION OF A NEW TRUST AND AGENCY FUND ENTITLED
COMMUNITY DEVELOPMENT BLOCK GRANT (TWELFTH
YEAR), CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10146
AN EMERGENCY ORDINANCE AMENDING CITY OF MIAMI
CABLE TELEVISION LICENSE rORDINANCE NO. 9332 BY
PROVIDING FOR THE DELETION OF CERTAIN PROVISIONS
IN SECTION 204(1) DEALING WITH THE FORFEITURE OF
THE CABLE LICENSEE'S SECURITY- FUND IN THE EVENT
OF TRANSFER, SALE OR ASSIGNMENT WITHIN FIVE (5)
YEARS OF THE EFFECTIVE DATE OF ORDINANCE NO.
9332; FURTHER AMENDING SECTION 405(a) DEALING WITH
ANNUAL CONTRIBUTIONS FOR CABLE ACCESS SERVICES
BY ADDING A NEW PROVISION FOR A TERMINATION, DATE
AND DELETING, THE PROVISIONS REQUIRING DIRECT
FINANCIAL SUPPORT OF THE COMMUNITY ACCESS COR-
PORATION; FURTHER AMENDING SECTION 406 BY DELET-
ING THE PROVISIONS FOR FURTHER ANNUAL CONTRI"
BUTIONS PAYABLE TO THE CITY IN THE AMOUNT OF TWO
HUNDRED THOUSAND DOLLARS ($200,000.00) TO BE USED
IN CONNECTION WiTH DRUG ENFORCEMENT PROGRAM-
MING AND ADDING NEW PROVISION FOR A CREDIT OF
PAYMENTS THROUGH A DATE CERTAIN; FURTHER PRO-
VIDING FOR THE AMENDMENT OF SECTION 1001 DEAL-
ING WITH THE SECURITY FUND BY ADDING A NEW PRO-
VISION FOR THE RELEASE OF FiVE HUNDRED THOUSAND
DOLLARS ($500,000.00) FROM THE SECURITY FUND TO
THE CABLE LICENSEE UPON SUBSTANTIAL COMPLETION
OF CONSTRUCTION; CONTAINING A REPEALER :PROVI-
SION AND A SEVERABILITY CLAUSE.
MATTY HiRAI
(#4081) _ CiTY CLERK
CITY OF MIAMI, FLORIDA
1013 86.100354M
MR 114