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HomeMy WebLinkAboutO-09567e t ORDINANCE NO. �ro AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH CREATED A NONEXCLUSIVE LICENSE FOR A CABLE TELEVISION SYSTEM IN THE CITY OF MIAMI, BY ADDING TO SUCH ORDINANCE, CERTAIN PROVISIONS OF RESOLUTION NO. 82-1174, PASSED AND ADOPTED BY THE CITY COMMISSION ON DECEMBER 16, 1982, WITIi MODIFICATIONS, WHICH RESOLUTION AUTHORIZED AND APPROVED TIIE GRANTING OF CERTAIN SECURITY INTERESTS IN THE CABLE TELEVISION SYSTEM AND OTIiER PROPERTY INTERESTS OF THE CABLE LICENSEES; PROVIDING PROCEDURES AND CONDITIONS FOR OBTAINING APPROVAL OF BORROWING BY THE CABLE LICENSEES. WHEREAS, Ordinance No. 9332 of the City of Miami (the "Ordinance") granted a nonexclusive license to Miami Tele- Communications, Inc. ("TCI") and Americable of Greater Miami, Ltd. ("Americable"), now doing business under the joint venture name of Miami Cablevision (the "Licensee"), for the construction, operation and maintenance of a Cable Television System within the City of Ptliami; and WHEREAS, on December 1G, 1982, the City Commission adopted Resolution No. 82-1174, authorizing and approving the granting of certain security interests in the Cable Television System and the property of Miami Cablevision, pursuant to Section 204(d) of the Ordinance; and WHEREAS, it is the intent of the City Commission that said Resolution No. 82-1174, as modified herein, have the same force and effect as the Ordinance originally adopted, in order to assure proper funding of the financing arrange- ments contemplated under said Resolution No. 82-1174, and to assure the proper application of the proceeds of said financing to the construction of the Cable Television System; and WHEREAS, the City wishes to be assured that any future financings or borrowings by the Licensee have the prior approval of this Commission; NOW, TIiEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: I x` Section 1.. ordinance No. 9332 of the City of Miami is amended by adding a new article to be designated as Article XVI, as follows: ARTICLE XVI: FINANCING ARRANGEMENTS Section 1601. Authorization of Specific Financing_ ________________ Licensee is hereby authorized to grant the security interests, encumbrances and pledges of collateral described in and contemplated under the proposed Loan Agreement between Americable of Greater Miami Limited ("Americable"), Miami Tele-Communications, Inc. ("TCI") and Miami Cablevision, a joint venture, the joint venture entity of Licensee, all as "Borrowers" and Bank of Montreal, New York Branch, as Agent, and certain other banks, as "Lender", a true copy of which proposed Loan Agreement has been heretofore delivered to the City Manager and the City Attorney, and which security interests, agreements and pledges will be substantially in the forms described in Exhibits D, L and M attached to the Loan Agreement, and which will grant, assign and pledge to Lender a security interest in all of Borrowers' right, title and interest in and to the following (the "Collateral"): (a) All equipment in all of its forms wherever located, now or hereafter existing (in- cluding, but not limited to, all earth stations, converters, head end and components, cable plant, wiring, connections, computers, displays, test equipment and program equipment), and all parts thereof and all accessions thereto (any and all such equipment, parts and accessions being the "Equipment"); (b) All inventory in all of its forms, wherever located, now or hereafter existing or acquired (including, but not limited to (i) all wiring, connections, displays, components and converters and all parts thereof, (ii) goods in which the Borrowers have an interest in mass or a joint or other interest or right of any kind, and (iii) goods which are returned thereto and products thereof and documents therefor (any and all such inventory, accessions, products and documents being the "Inventory")); (c) All accounts, contract rights, chattel paper, instruments, general intangibles and other obligations of any kind now or hereafter existing - 2 - 9r)67 t arising out of or in connection with the sale, lease or rental of goods, the rendering of services or _ relating to the CATV System or otherwise (including, without limitation (i) the Construction Contracts, (ii) the license, (iii) an undivided interest in all easements (if any) and all licenses and agreements to use easements and all other rights relating to the CATV System, (iv) all contracts relating to the CATV System, (v) receivables from Limited Partners as capital contributions or otherwise and (vi) all rights now or hereafter existing in and to all security agreements, leases, and other contracts securing or otherwise relating to any such accounts, contract rights, chattel paper, instruments, general intangibles or obligations (any and all such accounts, contract rights, chattel paper, instruments, general intangibles and obligations being the "Receivables:, and any and all such leases, security agreements and other contracts bei_na the "Related Contracts"); (d) All goods, including Equipment, and things, whether now owned or hereafter existing or acquired, which are now or hereafter affixed to or are situated on the property described in Schedule 1 to Exhibit D of the Loan Agreement; and (e) All proceeds of any and all of the foregoing Collateral and, to the extent not otherwise included, all payments under insurance (whether or not the Agent is the loss payee thereof), or any indemnity, warranty or guaranty, chose in action or judgment payable by reason of loss or damage to or otherwise with respect to any of the foregoing Collateral. (f) All rights, privileges and interests of Americable presently existing or hereafter arising in Miami Cablevision and in the Joint Venture Agreement, dated as of October 6, 1981, as amended, or as it may be amended or otherwise modified from time to time (the Joint Venture Agreement"), including but not limited to all of the rights of Americable described in Exhibit L of the Loan Agreement. (g) All rights, privileges and interests of "TCI" presently existing or hereafter arising in Miami Cablevision and in the Joint Venture Agreement dated as of October 6, 1981, as amended, and as it may be amended or otherwise modified from time to time (the "Joint Venture Agreement"), including but not limited to all rights of TCI described in Exhibit M of said Loan Agreement. all as defined in the Loan Agreement. Section 1602. Notification to City of Any Amendments of the Loan Agreement__, —__ The Licensee shall notify the City 21 days in advance of any proposed amendment, modification, or extension of the Loan Agreement and shall at the time of notification provide the City with a copy of the proposed amendment, modification or extension. To the extent that any amendment, modification, - 3 - 9S637 or extension substantially affects any mortgage, pledge, or other encumbrance of the System's equipment, license, or revenues, or any part thereof, as approved herein, it shall be made only with the prior approval of the City Attorney and the City Manager and shall be subject and subordinate to the rights of. the City under this Ordinance or applicable law. Section 1603. Notice to City of Defaults The Licensee shall give notice to the City of any declaration or occurrence of an Event of Default under the Loan Agreement, and as to Events of Default described in Section 6.01 (a) , (c) , (d) , (e) , (f) , (g) , (h) and (k) of the Loan Agreement. After the declaration of an Event of Default described in §601. (a) , (c) , (d) , (e) , (f) , (q) , (h) , or (k) , the Agent for Lenders shall give the City, by prior written notice, a period of 21 days in which the City may cure any such Event of Default. Section 1604. Approval of Certain Security Interests Given By General Partner The Assignment and Security Agreement to be made by Charles C. Hermanowski, in substantially the form described in Exhibit E attached of said Loan Agreement, is approved, which includes the assignment by Hermanowski as collateral security for the Loan of Hermanowski's interests in the Amended and Restated Agreement and Certificate of Limited Partnership of Americable, as it may be duly amended or otherwise modified from time to time (the "Assigned Agreement") including, without limitation, all rights of Hermanowski under the Assigned Agreement. Section 1605. Filing of Uniform Commercial Code Financinq Statements The filing of Uniform Commercial Code Financing Statements by the Lender, in order to perfect the above -described - 4 - 9567 �r.rwmvneewem�.wat�m;�n^�a��,�A x^'[ b... .7i .tf .T .i.:-,�.k� �•;d �.: .�5' ��=.' � .7.: `s f � i �M;i�� ��+. raYr�'S, iiTf __. _._.. ... .. _ security interests, is hereby approved. Section 1606. Approval of Additional Collateral Security for Loan If and when requested by the Lender, the granting of a first, second or third mortgage interest in the land and improvements owned by Charles C. Hermanowski, Trustee, including a collateral pledge of stock of any corporate successor in interest, which land and improvements are located at 1306 N.W. 7th Avenue, Miami, Florida, used by Miami Cablevision in the operation of the System, is hereby approved as part of the collateral security for said proposed loan. Section 1607. Subordination to Rights of City; Preservation of Prioritv Lien The mortgage, security agreement, pledge or other encumbrance of the System's equipment, license or revenues, or any part thereof, as approved in Section 1601 of this Ordinance,are and shall be subject and subordinate to all of the provisions of this Ordinance or applicable law, particularly but not limited to Section 204(d) of this Ordinance. The existence of such security interests will not affect the City's authority to enforce, transfer or terminate the license, or to grant approval or withhold approval to any person to operate the system; provided however, that nothing herein shall give the City the authority to impair the security interests in the Collateral. Lender shall provide to the City quarterly schedules of fundings to the Borrower under the Loan Agreement, and Borrower shall certify quarterly to the City, under oath executed by Licensee's chief executive officer, the manner in which such fundings have been applied or committed to be applied to the System. Such certificate shall have applied to the System. Such certificate shall - J - 9567 �en.o,+makeraa„r�miawr r*.,xa�;5 , ,�: a. , ':�•r ,,. ;:,' .. ��,�: .. }..� i-:c ``� t '� �4i�"'. - ._--_. applied to the System. Such certificate shall have attached to it a certificate executed by a licensed professional engineering contractor licensed in the State of Florida and acceptable to the City ?Manager that the fundings have been so applied. The City shall receive copies of all reports required to be given to Lenders under the Loan Agreement. At the end of each fiscal year, licensee shall also submit to the City a statement under oath executed by the chief executive officer, and certified to by a certified public accountant, as to the fundings received by the Licensee and the application of such fundings to the System. Section 1608. Notice to Lenders of Termination Procedures In the event of the commencement of any procedures for termination of the License, pursuant to Section 1202 of this Ordinance, the City Manager shall give written courtesy notice to the Lenders of the commencement of such termination procedures by mailing to Lenders a copy of the notice of alleged violation(s) given to Licensee pursuant to Section 1202(1) of this Ordinance. _ Section 1609. Loan Subject to Final Approval By City Attorney and Citv Manager The approval of the Loan Agreement set forth in Section 1601 of this Ordinance and any subsequent Loan Agreement is subject to the final review and approval by the City Attorney and City Manager of the final draft of the Loan Agreement to be executed at the time of closing of the loan, which notice of approval or disapproval shall be delivered by telegram, telex, telecopy, or other written communication. Section 1610. Subsequent Loans Subject to Approval of _Commission_ All subsequent borrowings by Licensee shall be subject to approval by the City Commission. - 6 - 9567 4 4 Section 2. It is the intention of the City Commission, AND IT IS HEREBY ORDAINED, that the terms and provisions of the foregoing Amendment shall become, and they are hereby made a part of, Ordinance No. 9332 and the Code of Ordinances of the City of Miami, Florida. The sections of the foregoing Amendment, as outlined above, may be renumbered, reordered or relettered to accomplish such intention, to provide an orderly codification of this Amendment to the original Ordinance; and the word "Article" or "Section" may be modified or changed to any other appropriate word as the codifier deems proper. PASSED 0I1 FIPST I-,:i.ADING BY TITLE ONLY this 33th day of January, 1983. PASSED ON SECOND READING BY TITLE ONLY this loth day of February, 1983. PASSED AND ADOPTED ON THIRD AND FINAL READING BY TITLE ONLY this 6th----- -- -- day of --- April.-- — - ----- 1983. jTIaurice A. Ferre MAURICE A. FERRE, MAYOR ATTEST: �LPH G. ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: f 14-1Z l -eAr JOSS R. ARCIA-PEDROSA CITY ATTORNEY 1, I:alph G Un};ic, i.'I.�rl. ��f IIt;�• lir�, ��I' �1i:�nri.�l�I�riJ.�, h':rcin cull;''- Ili ' I �r c,,,i.. .. ,�1 }pub'.., , ',, ..I. . ..,.. �. •} , r,� me place 11w'idl:d `FITNESS ill% h.;nd :trod thF uffici:u gin; Of tiAid Lily thia......,�Q..•..day or ........ .................._.._, y ...I.8.3 y Clerk 915 67 rj MIAMI REVIEW AND DAILY RECORD ercec! Sa!ar.ca, Su -.la, a^c Lega: Ica s M am _�a.e CC1111, c cnea STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Dianna Sluver. who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record. a daily (except Saturday. Sunday and Legal Holidays) newspaper. Published at Miami in Dade County. Fforida: that the attached COPY of advertisement, being a Legal Advertlsement of Notice In the matter of CITY OF MIAMI Re: ORDINANCE NO. 9567 in the h 1 Court was published in said newspaper In the issues of Feb.16, 1983 Afliant further says that the said Miami Review and Deily Record is a newspaper published at Miami in said Dade County, Flor,da. and that the said newspaper has heretofore been continuously published in said Dade County. Florida, each day (except Saturday. Sunday and Legal Holideysl 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 alhanr further says that sh has neither paic not promised any person. firm or corpora' any discount. rebate. comma ion or refund for the purpo ij I securing this adverhsemenl for publication in the said n v4 paper. - 71. to -and subscribed before me this 16th Feb. (Jay Ql .f. A.D. t 9 8 3 ,. otary ubtic. Stat>z o1 Flonde of Large (SEAL) ' My Commission ea�(19' 1Jurie 1, 1983. ` \ CITY OF MIAMI, DADS COUNTY, FLORIDA LEGAL NOTICLa All interested will take notice that on the 10th day of February, 1983, the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 9567 AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH CREATED A NONEXCLUSIVE LICENSE FOR A CABLE TEL- EVISION SYSTEM IN THE CITY OF MIAMI, BY ADDING TO SUCH ORDINANCE, CERTAIN PROVISIONS OF RESOLU- TION NO. 82.1174. PASSED AND ADOPTED BY THE CITY COMMISSION ON DECEMBER 16, 1982, WITH MODIFICATIONS, WHICH RESOLUTION AUTHORIZED AND APPROVED THE GRANTING OF CERTAIN SECURITY INTER- ESTS IN THE CABLE TELEVISION SYSTEM AND OTHER PROPERTY INTERESTS OF THE CABLE LICENSEES; PRO- VIDING PROCEDURES AND CONDITIONS FOR OBTAINING APPROVAL OF BORROWING BY THE CABLE LICENSEES. ORDINANCE NO.9568 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983. AS AMENDED, BY ESTABLISHING XVill, AN ENTERPRISE FUND FOR THE MIAMI SPRINGS GOLF COURSE APPROPRIAT- ING $65,000 FOR CONSTRUCTION OF THE MIAMI SPRINGS GOLF COURSE ELECTRIC CART STORAGE FACILITY; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO. 9569 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE 9502, ADOPTED SEPTEMBER 23, 1982, THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUND FOR THE MIAMI SPRINGS GOLF COURSE $75,000, BY INCREASING THE ANTICIPATED REVE- NUES IN THE SAME AMOUNT FROM THE FY'83 RENTAL REVENUES FROM SAID GOLF CARTS AND A TENTATIVE FINANCING ARRANGEMENT WITH THE PRO SHOP CONCESSIONAIRE; FOR THE PURPOSE OF ALLOCATING $55,000 FOR THE LEASING OF 65 ELECTRIC GOLF CARTS AND $20,000 FOR THE PURCHASING OF PRO SHOP INVENTORY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9570 AN EMERGENCY ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "MIAMI GRAND PRIX" FOR IMPLEMENTATION IN FISCAL YEAR 1982.83 FOR THE PURPOSE OF PROVIDING AN ACCOUNTING SYSTEM TO REIMBURSE THE CITY FOR COSTS INCURRED IN THE STAGING OF AN AUTO RACE ON FEBRUARY 26-27, 1983 WITHIN THE CITY OF MIAMI; WITH AN APPROPRIA- TION THEREFOR OF $140,815 FROM REVENUES TO BE COLLECTED FROM MIAMI MOTORSPORTS, INC.; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO: 9571 AN ORDINANCE AMENDING ORDINANCE NO.9530, WHICH ESTABLISHED A MINORITY PROCUREMENT PROGRAM, BY ESTABLISHING A TIME FOR TERMINATION OF SAID PROGRAM AND PROVIDING FOR A YEARLY REVIEW OF THE NEED FOR CONTINUATION THEREOF. ORDINANCE NO. 9572 AN ORDINANCE AMENDING SECTIONS 18-51 THROUGH 18.71 OF ARTICLE IV. ENTITLED "PURCHASING AND CON. TRACTS GENERALLY"; AND SECTIONS 18-76 THROUGH 18.77.6 OF ARTICLE IV.5. ENTITLED "PROFESSIONAL SERV- ICES CONTRACTS"; AND SECTIONS 18.78 THROUGH 18.86 OF ARTICLE V. ENTITLED "SALE OF REALTY", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING SAID SECTIONS IN THEIR ENTIRETY AND SUBSTITUTING THEREFOR NEW CODE SECTIONS 18.51 THROUGH 18.71 AND 18-76 THROUGH 18-86, ENTITLED: nqRALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 16 day of February 1983. 12116 M83.021602 MR 116 0 11 MIAMI REVIEW AND DAILY RECORD Puolisned Daily except Saturday, Sunday and Legal Holidays Miami, Dade County. Florida. STATE OF FLORIDA COUNTY OF DADE. Before the undersigned authority personally appeared Octelms V. Ferbeyrs. who on oath says that she is the Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily lexeept Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida: that the attached copy of advertisement, being a Legal Adveftleement of Notice in the matter of CITY OF MIAIAI Re: ORDINANCE NO. 9567 X X X in the .................. Court, was published in said newspaper In the Issues of April 11, 1983 Alllant further says that the said Miami Review and Daily Record Is a nevreoaper published at Miami in said Deft County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Fioriit. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post ottics in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached coot' at advertisement•, and afHant further says that she has neither paid nor promised any person, firm or corporation any discount rebstv commission or refund Io1�ll�pOfposo of securing this aovpf Pjl1meni for publication it�'fK said rteweosoer. i N We subs bed before me this 11th i yam! A.D. t9... 3 PUB41,r, J. Brooks u1e, to of Florida at Large (SEAL) My Commission ex CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE All interested will take notice that on the 6th day of April, 1983, the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 9223 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN THE MUNICIPAL BOUNDA. RIES OF THE CITY OF MIAMI. ORDINANCE NO. 9332 AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO MIAMI TELE-COMMUNICATIONS, INC. AND AMERICABLE OF GREATER MIAMI, LTD. FOR THE PRIVILEGE TO USE THE STREETS AND PUBLIC WAYS WITHIN THE MUNICI. PAL BOUNDARIES OF THE CITY OF MIAMI TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM PAGE 1 of 2 MR ill 401, 0 MIAMI REVIEW AND DAILY RECORD ?vofisned Daily except Saturday, Sunday and Legal Holiday$ Miami, Dade County. Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared Octsima V. Ferbeyrs, who on oath says that she is the Suoemscr. Leqal Advertising of the Miami Review and Daily Record, a daily texcept Saturday, Sunday and Legal Holidaysl newspaper, published at Miami In Dade County. Florida: that the attached copy of advertisement. being a Legal Advertisement of Notice CITY OF IIIIFLORIDAin the matter of DADE COUNTY, FLO CI`T`Y OF MIAMI LEGAL NOTICE Re : ORDINANCE NO, 9567 All interested will take notice that on the 6th day of April, 1983, the City Commission of Miami, Florida adopted the following titled ordinances: X X X ORDINANCE NO. 9223 in the ... Court, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, was published in said newspsper in the Issues of OPERATION, REGULATION AND CONTROL OF CABLE April 11, 1983 TELEVISION SYSTEMS WITHIN THE MUNICIPAL BOUNDA- RIES OF THE CITY OF MIAMI. ' ORDINANCE NO. 9332 Afflant further says that the said Miami Review and Daily Record is hod at Mtann a saw Dade County, rtsthat has heretofore been Florida, AN ORDINANCE GRANTING A NONEXCLUSIVE LICENSE TO MIAMI TELECOMMUNICATIONS, INC. and That th• said nsvrspaper n the said continuously published In said Dade County, Florida, each day has been AND AMERICABLE OF GREATER MIAMI, LTD. FOR THE PRIVILEGE TO USE ,except Saturday, Sunday and Leqai Moildaysi and entered as second ctasa metl matter at the post oIn THE STREETS AND PUBLIC WAYS WITHIN THE MUNICI- Miami in said Dads County, Florida. for a period of onene year PAL BOUNDARIES OF THE CITY OF MIAMI TO CONSTRUCT next preceding the first publication of the attached copy of advsrtissmone and altlani further says that she has neither , OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM paid nor promised any person, fine or corporation any discount roboteommisaion or refund to so of securing this aov ant for publl sal wepaper. �^ Q . . PAGE 1 of 2 N et subs bed before me this llth 't—.._Ari A.D.:e. `9r J. Brooks 0 ute, to of Florida at Large `�F� 0 0�1 iSEAL) My Commission ex 1, 1983. 'dR tt1 :)A UNDER CERTAIN FERMS AND CONDITIONS AND PROVID- ING OTHERWISE WITH RESPECT THERETO AND CONTAINING A SEVERABILITY CLAUSE ORDINANCE NO. 9567 AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH CREATED A NONEXCLUSIVE LICENSE FOR A CABLE TEL- EVISION SYSTEM IN THE CITY OF MIAMI, BY ADDING TO SUCH ORDINANCE, CERTAIN PROVISIONS OF RESOLU- TION NO. 82.1174, PASSED AND ADOPTED BY THE CITY COMMISSION ON DECEMBER 16, 1982, WITH MODIFICATIONS, WHICH RESOLUTION AUTHORIZED AND APPROVED THE GRANTING OF CERTAIN SECURITY INTER- ESTS IN THE CABLE TELEVISION SYSTEM AND OTHER PROPERTY INTERESTS OF THE CABLE LICENSEES; PRO- VIDING PROCEDURES AND CONDITIONS FOR OBTAIN- ING APPROVAL OF BORROWING BY THE CABLE LICEN• SEES. ORDINANCE NO, 9586 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELAYING THE EFFEC- TIVE DATE OF SAID ORDINANCE UNTIL JUNE 27, 1983; PROVIDING FOR CONTINUATION AND SUBSEQUENT REPEAL OF ORDINANCE NO. 6871; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9587 AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE NO. 9502 ADOPTED SEPTEMBER 23, 1982, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, AS AMENDED BY INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUND, MIAMARINA IN THE AMOUNT OF $20,000, AND BY INCREASING ENTERPRISE FUND REVENUES IN THE SAME AMOUNT FROM FISCAL YEAR 1982 RETAINED EARNINGS FOR THE PURPOSE OF PRO- VIDING FUNDING FOR NECESSARY REPAIRS AND MAIN- TENANCE AT THE MIAMARINA FACILITY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9588 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVE- MENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, BY DECREASING APPROPRIATIONS FOR PROJECT 11.8.9., CITYWIDE PAV- ING IMPROVEMENTS BY THE AMOUNT OF $84,000; AND BY DECREASING APPROPRIATIONS FOR PROJECT IV.B.4., CITYWIDE SANITARY SEWER EXTENSIONS IMPROVEMENT BY THE AMOUNT OF $99,900; AND BY DECREASING APPRO- PRIATIONS FOR PROJECT V.B.5., LOCAL DRAINAGE PROJ- ECTS BY THE AMOUNT OF $43,100; AND APPROPRIAT- ING $227,000 TO ESTABLISH COMPUTER ASSISTED DRAFTING AND DESIGN SYSTEM AS ITEM IX.C.(i)8, AS A NEW CAPITAL PROJECT; AND BY ESTABLISHING 1975, 1976 AND 1980 SANITARY SEWER GENERAL OBLIGATION BOND FUND BALANCE AS A RESOURCE IN THE CAPITAL IMPROVEMENT FUND, IN THE AMOUNT OF $99,900; CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE. ORDINANCE NO.9589 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "CUBAN/HAITIAN SERVICE DELIVERY WORK PROGRAM". AND APPROPRIATING FUNDS TO BE RECEIVED 09l I 170-£9N l 11V 0099-VL£ (90£) :lal tol££ ep!J013 yw12IN UCanuanV Ilalloja8 00ZI 1) lVV9l0 x08 'O'd lI!Iu!eid J01 sAaujoliv 146!u){ g PueIlOH Ja jo o -jro!ouaw a6ioa0 .p- JO aq 11!m uoj)euwapuoo pue llnelop jo 'Aawolle Aq jo •uosiad u! 'asuaiap joulo jo jamsue 'swielo (jol=j q jnOS uailpm ajq pue aleu Jew ue41 jalel ou jeadde jsnw ulaia4l lso -jajuj Aue 6u!w!elo uosiad Aue pue i U,! e i W a u l 'epu0ld '!we!N 'asnoplino0 jowl 'Vl -s!0 sa)e)S peoun ayi le'£961. I!jdV 'Aepsan41 uo algeuwnjaj sl ssaooad 'uall aw!)uew a jo luaw -a3j0jua a41 J0i 'awll!Jew pue I!A!a Aaana noA asneo anu4e 041 uI 'juawdlnba pue jassaA 6ujobaaoj a4l palsane se4 'epliol.1 jo lojils!O uwayjnoS '!eysjeN saleis Paljun ayi _ n 1� u gilqui�iw 3Z33f :J 0I1.NV 11V 841 se umouX opuanw - -aneJl 'ijjaM-6u1j4oli43S �1r1v 01, DUR laa Aq l,,nq '9001 - a6euuoi ..Ms- ,QCva* ,aioau nfiign 601a ORDINANCE NO. 9593 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534, ADOPTED DECEMBER 9. 1982, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR FIS- CAL YEAR ENDING SEPTEMBER 30, 1983; AS AMENDED; BY APPROPRIATING AN AMOUNT OF $35.000 FROM FEC BOAT DOCKAGE REVENUES TO ESTABLISH THE FEC SITE INTERIM PARKING FACILITY PROJECT (ITEM VI.C.1.) IN THE 1972 PARK AND RECREATIONAL FACILITIES GEN- ERAL OBLIGATION BOND FUND; AND BY APPROPRIAT- ING AN AMOUNT OF $15,000 FROM THE CONTINGENT FUND AND AN AMOUNT OF $15,000 FROM A CONTRI- BUTION FROM THE OFFSTREET PARKING BOARD TO ESTABLISH THE FEASIBILITY STUDY FOR PARKING FACIL- ITY ON PLAYERS STATE THEATER SITE PROJECT (ITEM XIII.C.1.) IN THE TOTAL AMOUNT OF $3Q0D0 IN THE PARKING CAPITAL PROJECTS FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9594 AN ORDINANCE AMENDING A SPECIAL ACT OF THE LEG- ISLATURE OF THE STATE OF FLORIDA KNOWN AS CHAP- TER 27717, SENATE BILL 568, EFFECTIVE MAY 14, 1951, WHICH PROHIBITED CONSTRUCTION OF STRUCTURES IN BAYFRONT PARK IN THE CITY OF MIAMI, TO PERMIT THE CONSTRUCTION OF NEW STRUCTURES AS SET FORTH IN THE CITY OF MIAMI'S BAYFRONT PARK REDEVELOP- MENT PROJECT AS APPROVED BY THE CITY COMMIS- SION IN RESOLUTION NO.82.380, DATED MARCH 11, 1982, AND THE CITY OF MIAMI PROPOSED BAYSHORE SPE- CIALTY CENTER PROJECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9595 AN ORDINANCE AMENDING CHAPTER 31, "LICENSES, MISCELLANEOUS BUSINESS REGULATIONS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW SECTION 31-42, ENTITLED "BOND REQUIREMENT", THERETO TO PROVIDE FOR THE POST- ING OF A BOND AS A CONDITION PRECEDENT TO THE ISSUANCE OF AN OCCUPATIONAL LICENSE TO PERSONS ENGAGED IN THE BUSINESS OF FORWARDING FOOD, MEDICINES, OR CASH TO INDIVIDUALS RESIDING IN CUBA, OR TO PERSONS ENGAGED IN THE BUSINESS OF ASSISTING IN THE EXECUTION OF DOCUMENTS BY RESI- DENTS OF CUBA WHICH DOCUMENTS ARE REQUIRED IN ORDER TO MIGRATE FROM CUBA; FURTHER REQUIRING THAT PERSONS SO ENGAGED FURNISH A STATEMENT AT THE TIME OF APPLYING FOR SUCH LICENSE WHICH STATEMENT SHALL FURNISH A DESCRIPTION OF THE NATURE AND EXTENT OF THE SERVICES OFFERED BY SAID PERSON TOGETHER WITH THE PROPOSED MAN- NER SUCH SERVICES ARE ADVERTISED; FURTHER REQUESTING THAT THERE BE FULL COMPLIANCE WITH ALL COUNTY, STATE AND FEDERAL LAWS BEFORE SUCH LICENSE IS ISSUED; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9596 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977 THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AMENDED BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "RECREATION FOR THE MENTALLY RETARDED (7th YEAR)" AND APPROPRIATING FUNDS FOR ITS OPER- ATION IN THE AMOUNT OF $220,519 COMPOSED OF $186,019 FROM THE STATE OF FLORIDA: DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND $34,500 FROM FISCAL YEAR 1982-'83 SPECIAL PROGRAMS AND ACCOUNTS: MATCHING FIINnR FnR naeNTC Tn rrna -sunl jo onuaAayi.1o'anllejuasaidai 61 l 1,170-£8W Z15 9Z-9I.-I I.IV 1e60siad a41 10 suo!)eoy!jenb a4j ejejge3 ejesop '11!m S,►uap833p a41 j0 Al!p!IeA 841 eiaige3 s!nl a6u011e43 ley) ane4 Aew 4841 suo!j 'E961. 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ZLllVO-£9W Z15 9Z•91-lliV Jo ju96u!ju00 S! w!ejo ayj 11 VH31H8V3 OIH381V 'palels aq Ile4s anp awooaq 111m 11 'E961 'INdV 10 Aep uaym alep agl'onp jaA jou sl wlelo 8 s!yi 'e ' le pole(] a4) 11-paw!elo junowe a41 pue 'AluBIW -ep!j j ape0 jo 'Aauwolle Jo jua6e s!4 J0 1011Pajo a41 1Lno0 ojio al jo) jol0 ayi ayi jo jai 10 ssaippe pue aweu a4l 'wjelo pies a o of spuaju! alai aweu pies ayi 101:1 841 J01 s!seq ayj aleo!pu! isnw ,4a OIO££ ePl 'yealelH pue bulyim ul aq jsnw wlelo y3e3 l0 Al a a41 ul ane4 Aew Aa41 puewop jo wlelo ''aAv Wled 099E I 0 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE' Before the undersigned authority personally appeared Sarah VAIIIams, who on oath says that she Is the Director of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advortissment, being a Legal Adverllsement of NoUcs In the matter of CITY OF MIAMI NOTICE OF ENACTMENT OF ORDINANCES April 6, 1983 Inthe ....... X - -X --X.......................... Court was published In said newspaper In the Issues of March 30, 1983 Afflant tufts( says that the said Miami Review and Daily Record Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been conilnuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second .lass mall matter at the post office In Miami in said Dade County, Florida. for a (»clod of one year next preceding the first publication of the attached copy of advortl ent; and atflont further says that she has neither paid * ilromised any person, firm a corporatbn any discount. rebate, mmisalon or refund for the purpose of securing this adrsdi"ment for pubic stt the sold newspaper. >:wom to and subfibdb6k before me this 30th y ai ...� ..��Tr�1t'Y S3. 1R • N ary'Public, Slatvl4lodds at Largo (SEAL) '�., Fn,. `p..�. My Commission eg0ja';s"ril"1t f44�A'• • CITY OF MIAMI, FLORIDA NOTICE OF ENACTMENT OF ORDINANCES A meeting will be held by the Commission of the City of Miami. Florida on Wednesday April 6, 1983 at 9:00 A.M. in the City Commis- sion Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, to consider, on final reading the following ordinances: AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN THE MUNICIPAL BOUND- ARIES OF THE CITY OF MIAMI. An Ordinance Granting a Nonexclusive License to Miami Tele-Communications, Inc. and Americable of Greater Miami, Ltd. for the Privilege to Use the Streets and Public Ways within the Municipal Boundaries of the City of Miami to Construct, Operate and Maintain a Cable Television Sys- tem under Certain Terms and Conditions and Providing Otherwise with Respect Thereto and Containing a Sever - ability Clause. AN ORDINANCE AMENDING ORDINANCE NO. 9332, WHICH CREATED A NONEXCLUSIVE LICENSE FOR A CABLE TELE- VISION SYSTEM IN THE CITY OF MIAMI, BY ADDING TO SUCH ORDINANCE, CERTAIN PROVISIONS OF RESOLU- TION NO. 82.1174, PASSED AND ADOPTED BY THE CITY COMMISSION ON DECEMBER 16, 1982, WITH MODIFICATIONS, WHICH RESOLUTION AUTHORIZED AND APPROVED THE GRANTING OF CERTAIN SECURITY INTER- ESTS IN THE CABLE TELEVISION SYSTEM AND OTHER PROPERTY INTERESTS OF THE CABLE LICENSEES; PRO- VIDING PROCEDURES AND CONDITIONS FOR OBTAINING APPROVAL OF BORROWING BY THE CABLE LICENSEES. All interested persons may appear and be heard at the time and place specified. Copies of these ordinances may be obtained from the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida. A person who decides to appeal any decision made by any board• agency, or commission with respect to any matter considered at its meeting or hearing, will need .a record of the proceedings. Such person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. RALPH G. ONGIE CITY CLERK 3130 M83-033067 MR 110