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Home My WebLink AboutR-81-0534J A IN iy RESOLUTION NO. _ at 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DYNAMIC CABLEVISION OF FLORIDA, INC. FOR ITS USE OF MIAMI CITY STREETS, WAYS, AND PUBLIC PLACES IN SAID FIRM'S CONSTRUCTION OF A DEDICATED TRUNK LINE NEEDED FOR THE DELIVERY OF CABLE TELEVISION SIGNALS TO THE CITY OF WEST MIAMI ALONG A ROUTE APPROXIMATELY, AS FOLLOWS: BEGINNING AT THE WEST BOUNDARY OF THE CITY OF MIAMI RPOCEEDING ALONG S.W. 4TH STREET TO S.W. 73RD AVENUE, SOUTH TO TAMIAMI TRAIL (S.W. STH STREET), THEN EASTWARD AND ENDING AT S.W. 66TH AVENUE; SAID PROPOSED USE BEING tN Accut;t,:\:�r;r t;r rH 1'Hl. 'rrt��ts car 'rt�l: ATTACHI ` WHEREAS, Section 3 (hh) of the Charter of the City of Miami provides -for the license, control, tax and regulation for the use of space in public places within the City; and WHEREAS, Dynamic Cablevision of Florida, Inc. has requested permission to place a dedicated cable trunk line in the City of Miami's public right-of- way; and WHEREAS, said trunk line is to serve the citizens of the City of West Miami; and WHEREAS, the City of Miami is desirous of cooperating with the City ,of West Miami's efforts to acquire cable television; and WHEREAS, the location of such trunk line within the City of Miami `represents the most direct and efficient route for Dynamic Cablevision of Florida, Inc. to serve the residents of the City of West Miami; and WHEREAS, Dynamic Cablevision of Florida, Inc. agrees that the place- ment of its cable trunk line on utility poles located in the City of Miami will allow the placement of the necessary cable that will be needed to serve City of Miami residents by a cable television company selected by the City Commission to provide such services; and WHEREAS, Dynamic Cablevision of Florida, Inc. agrees that whenever public utilities are required to be moved or placed underground that said cable trunk line will be moved or placed underground in a location to be MMMION -------- —..,........................ ((� I 4�4 tk�Vr 2 ; n r l `a i � ti _ NOW3 THEREFORE; DE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA,, Section 1. the City Manager is hereby authorized to enter into ah agreement with Dynamic Cablevision of Florida, Inc. for its use of City of Miami streets, ways, and public places in said firm's construction of a dedicated trunk line needed for the delivery of cable television signals to the City of West Miami along a route approximately, as follows: Beginning at the west boundary of the City of Miami proceeding along S.W. 4th Street to S.W. 73rd Avenue, south to Tamiami Trail (S.W. 8th Street), then east- ward and ending at S.W. 66th Avenue; Lii accnr.donce wi th th�r t� ►m, cif Clio ztt:it hid n4 reemcnt. 0 PASSED AND ADOPTED this 25 day of JUNE sn+ rk ;r MAURICE A. FERRE yf M AY 0 R F 775 �1gig r� �,-, :" �r✓ `y4 LPH G. ONGI E CITY CLERK S 3 6 'jF t is 1#�Mr'�'�✓"�3`� kJ�s i��i�? ��'i p3�y�l�iv�nY�� fk�(w'�� sJf}(: PREPARED AND APPROVED BY:� ROBERT F. CLARK ASSISTANT CITY ATTORNEY xh u d� i.. kk2,$� 4,43" 'k fi�r' yPaY'tN Mtn AP D AS TO FORM AND CO CTNESS: GEORG F. KNOX JR. akgf��k�,� .r' ,� ,yak f fi� 7'.`.n` a " `� ^k CITY A TORNEY r A s nr�4f s � ��R � i � i -f tafi b� S`k i � �Ft�Lskp 3' `a �€k'd�'�� r 9 4 .'��.'ks'�''. lit 4`�y.rt' ��(i'�4�} �bk a l �i3�'.�`F,�F.��i� ,. .. .> a ,. ., i, t„��, ,�rn••�,.,xS,� �n#L.i�. ��a,.i:s.S?;-��id rvkaa. ,��. r:.-vs., ... �`ii� ?� s aa�^L.t,drkYtls4r. -15.9 1 i s Y 5P ix i S 1 } 3f k T Howard V, Cary r " City Manager!� A'`';'` C�>��/ la rk i er011 " Assistant to the City Manager Intergovernmental Affairs I recommend that the City of Miami Commission authorize the City i•lanager to enter into an agreement with Dynamic Cablevision of Florida, Inc. to use City of Miami public right-of-way for the purpose of constructing a dedicated cable television trunk line through the crest section of the City of Miami to supply a cable television signal to the citizens of the City of 'Test Miami. Dynamic Cablevision of Florida, Inc., which has its offices in Hialeah, has been granted a license to provide cable television services to the City of Westi1iami. Dynamic Cablevision has requested the use of the City of Miami's public right -of- way for a distance of approximately one mile beginning at the west boundary of the City proceeding east along S.'W. 4th Street to S.W. 73rd Avenue, south to Tamiami Trail (S.',J. 8th Street), then east:•rard and ending at S.W. 66th Avenue. This would be the route of a trunk main that would serve the residents of West Miami, It would also serve as a cable system interconnect between Dynamic Cable - vision and the City of ,liallli cable system once it has been constructed. Sucn an interconnection between systems is required by the Dade County code. No service will be proviled to the residents of the City of Miami through this trunk line. The attache{ agreement requires Dynamic Cablevision of Florida, Inc. to provide at its own cost sufficient space on the poles belonging to Southern Bell Telephone & Telegraph Cor,,'pany and Florida Power & Light Company for the City of Miami cable television system. The consideration of S 3,74'j as a one-time payment for the use of the City's public rights-of-wray for the fifteen (15) year term of the agreement, was the result of the negotiations with Dynamic Cablevision of Florida, Inc. and was based upon the average pole rental that the company pays to Southern Bell Telephone & Telegraph and Florida Power & Light Company which is approximately $4.45 per pole per year. The company will be utilizing approximately 56 utility poles for the dedicated trunk line which will extend through approximately one mile of City streets. There will be no expenses to the City of Miami as a result of entering into this agree- ment. An(i "tie r - . r ,44,e rt ��iami, � nrr r iglnh to use and , ecupv sai d !eta, frI)r the ourpose herein provided, shall not be exclusive the ,TTY .exoressl.y reserves th to grant a smi.iiar use 8 1 ~ ` J f! - Z j � 3 25 Howard %I Gary Aunt 16, 1981 ri+t, mnnnrnv. Commission Action on Agreement with : Dynamic Cablevision of Florida, Inc. f I to provide a Cable Television Trunk ` Line through P•liami to Serve the City of West Miami. 1, Resolution 2. Agreement 1 recommend that the City of Miami Commission authorize the City Manager to enter into an agreement with Dynamic Cablevision of Florida, Inc. to use City of Miami public right-of-way for the purpose of constructing a dedicated cable television trunk line through the west section of the City of tliarii to supply a cable television signal to the citizens of the City of ;Jest Miami. Dynamic Cablevision of Florida, Inc., which has its offices in Hialeah, has been granted a license to provide cable television services to the City of West Miami. Dynamic Cablevision has requested the use of the City of Miami's public right -of- way for a distance of approximately one mile beginning at the west boundary of the City proceeding east along S.W. 4th Street to S.W. 73rd Avenue, south to Tamiami Trail (S.'.-J. 8th Street), then eastward and ending at S.W. 66th Avenue. This would be the route of a trunk main that would serve the residents of West Miami. It would also serve as a cable system interconnect between Dynamic Cable - vision and the City ofMianri cable system once it has been constructed. Sucn an interconnection between systems is required by the Dade County code. No service will be provi,4Aed to the residents of the City of 1•liami through this trunk line. The attached agreement requires Dynamic Cablevision of Florida, Inc. to provide at its own cost sufficient space on the poles belonging to Southern Bell Telephone & Telegraph Cor.pany and Florida Power & Light Company for the City of Miami cable television system. The consideration of $3,749as a one-time payment for the use of the City's public rights -of -way for the fifteen (15) year term of the agreement, was the result of the negotiations with Dynamic Cablevision of Florida, Inc. and was based upon the average pole rental that the company pays to Southern Bell Telephone & Telegraph and Florida Power & Light Company which is approximately $4.45 per pole per year. The company will he utilizing approximately 56 utility poles for the dedicated trunk line which will extend through approximately one mile of City streets. There will be no expenses to the City of Miatrri as a result of entering into this agree- ment. �'�iF9e e'ti c" t'�Y rj�^ ti1 t �1M I CA�Tat"t)Tfitn�1 nl~' tfi,nRtf��1, t�tr�, 5V,5 Arts nr tttr "tiVW, Cntrr�tAF3 Ain ,t.tti�jF,P.'��1FCT�1r� rid Ttr.,jtjt.\rmrr# Cn�1't'.�1TN n RY TFiF' P1\Tt'T'IT;S ►IT'Rrmn Tit; (bh p R��FD a*tT� PL?RrnRm.vn, 11Nn nvirP rOnt) "ALTIA"tr, ('n'Jq Tn"RA TTr)M, mTJr IPATnMTFq t?ERrTo no gTMT) urPrRY AMD n.rRT;F 1,5 !�ecti.on T: CT"'Y nr `xTAMT, herein referred to as the fe-%tT'Y" grants to nY%V14TC ('ATit, VI!Tn'o1 Or FLORIDA, T'Ir%, hereinafter re- terred to as the "COMPANY" the right to install., maintain and ope-rate a "dedicated trunk cable" through the CITY OF %ITANII along the route shown on the attached Exhibit "A" subject to the orovi.- sions hereof, as well as the provisions of al-1 ao-ol.icable federal, state and local statutes, ordinances, rules and requla- tions. This contract shall. commence on the date hereof and shall terminate Fifteen (1-5) years subsequent to Reptember 1.7, 1.980, and may be renewed at that ti.me subject to renegotiation of the terms and conditions hereof_. Section TI: The C011PANY hereby agrees that this right granted by the (7T-Y shall. onl.y be used for installation, opera - lion and maintenance of a "Oec? icated trunk cable" as clef_ i necl herein. A "dedicated trunk caht e", is one which is delivering a signal. or signals that are used in a particular area, in this case, the nits., of West Miami.. The cable is a conduit which would not have di:-tribution capabilities within the Cite of. Miami, and would not 4rovide service to any residents within the City of Miami and shall orovide service solely for the use of residents of the rity of Vest Miami. The right to use and occuoy said Street,,, for the purpose- herein provi.cied, shall not be exclusive and the r-Tn Y exPressly reserves the right to grant a similiar use *; -512-1 nx b C WAV9, a t5l Idtt to dMV htt btt t6fi 16 f AMV tjMo �ur'hq the oefiod of thiiz',, aqrMtM tTT., "ho dablo would be attAchn-O ntther to exiqtimq 001e.-) al'OhO the abbebver.j route or now ooles approved nA to Tocati-oft by the rl!"Y r) 0 0 or by moan&, of an onlerciround ol ant insltal Tell 31I0MO the 0 r v route and For the subject to the rTTY's criteria and recuieement�.I 16(4 -at ion of si.milar ectutornent within the nuhl.1c rights-of-wav, .N,nv ool e attachments made by the rn%.4PA*-,IY WOUld not imperle attach- ments by any existInq utilities or future calhl-e tel.evision IJcen- 80qs ,,e5iqnatea by the rtmv- to orovide to ("Tr"v rcsirlents. tInderaround olant installed by the (70IMPATIV, should any be needer3, woul.0 !-,e desiqne-d and, installed with access For anv Future cables by means of snare conHui-ts. Should any of the cn%IpA,,TY's attach- 81 -534 g, butting btiWit6s �5feJbo- ftV A 9 A _6CAt ion to f3 1.a d i hq t h 0-, dedicated ted trunk cable -h writ written rIqht-Of-�-)'-AVP secure -�nh n� -,rmission From the affectod otooetty owner, and !;ub m-I t such wr i tt,?M qv irlencr? of having la i Mod bertti e,-, ion to install the deci i ci t^d trunk cabl.e on or ivato- brbp - ofty acllaCent to the riciht-of-wav �VrV- at3ProVal. t) ri,or to the C . .3 for the 1.ocat ion of Such dedicatee (41'tv Manader rl #-n t e t m i n,- s, In hie, trunk. cable, Tm the event the reasonable r"liscretion, that it boComes necesnary to rnlocate the dedicated trunk cable, -Iu(-- to construction, renovation or For other reasons, the (�OMDA"Y shall at no cost to the (1-T-Y relocate such cable to an alternatiVo-- J.ocatton (is designated and approved by the ri.tti *Ianacj^r, qp_ction "ITT: ml*.�"o attachnt or installation shall he made by the (70*APANY within the rTTY unless such Tocation has been desi.q- tiated and identiEi.ed as a satisfactory location by the CITY and shall. have been first approved by the r.jr"Y and any affected public ,Itl e use of said existina it-� with approval_ rights over th pole or poles. All poles, wires, cables, underground conduits, manholes and other Fixtures erected by the COMDANY In, upon, along, across, above, over and under the streets, alleys and public ,qays within the (11-Y shall be so located as to cause minimum Interferqce with the common use of said streets, alleys, and other aubl is ways. The ('01-1PANY, its successors or assi.ans, shall., at its own exnense, at the direction of the governing 81-534 vE*-- a1K067 < 1 { tritjpg,� p' g, 'i9,zaµr Lti.oft 1 t tfi: e' ail-e iati fi beoifioatie5nIt 6f tn6 5 LSO ' mute sha1.1_ he 0t5t51 i ed hit the 0 ok'PVtY ? f tetttiesto-d by the And Modification of sail 0 1 a n I hd SbecifiCatiOhS, sha1.1 5e tt&de ' at OoMpAM eXnr'h e i f such trod i f ica t i oM is rerju i red by the ect oil !(: the 00W5AMY shal_1 maintain thr� cledicatetl. ttUh cabl.o"'at all tit I p- in A safe conditioh and at its pronpr and law- fill location and shall. inspect each attachment neriodi.call.kr: Action N The rights and obl iclations heretofore t?nscribed 11a11. he suborcl i nate to any 1 ; cense granted by the rT`r'Y to anti other cable teievision comnanv which .,:001d be servicing r.esid is located within the pity of Miami: gection XT; -he rol, PA`JY nqr-es that no assignments of this Nareement will- be made without the prior written approval of the rtI'Y and that inv assignees shall be governed by the terms and intent of this Aareement. section -?TT: The MIPA^Y shall_ defend, in73emnifv and save harmless the CI'"Y against any and all claims, suits, actions for damages, or cost of action which arise out of this Agreement, for any personal injury, loss of life, or damage to pr.ogerty, sus- Itai.ned by reason of or as a result of the ComPANIY's (its agents, emnl.ovees or workmen) carelessness or negligence; from and against anv orders, judgments or decrees, which may he entered thereon; and from and against all costs, attornevs fees, expenses and liabilities incurred in the defense of anv such claims and the investigation thereof. Section XIIT: This agreement shall only become effective iloon"approv•al. and consent to said trunk cable route and pole connection by the T1-orirla Department of mransportati.on, and anv 81 -534 {.5,R 1 S1i�'j'w` i tFLr 1 4 4 L, K tdY TL�q I t .c.? i C5 t Y V[.3 4 l`-z 'Y`a iz rrE O r 1 f i�f5 h ii' s I'd s L �� s t `h L i E � IlA1� _Cc,fi�� ,1 I � i E t ��t s 1 �t 2, 3 y 1 t ( i 3 1 S i Sjts I i�(, �, "E � � try •r: t E � I� � rt i r, ri, i �1 }f t t Y � t P Y h UIN it f T.01 Y �fst a k PRESIDENT � x it v 41 'y.PI,S`"��'Jb C�'�1y`�k L ttG1fY"�-,� I, SI tt} ii t f L y L 7 Sur"r,ota`r"v ! 1 �? Ap,? t0VED A TO ;'FOIRM AND CORRECTNIE P GEORGE r . KNOX JR . CITY ATTORNEY I -t*�''t�� >•tis��(i'`„�,� f �j�'�`-„�,�, ��"�,'( a�y� 'k' s.,�� frr� i a ��: ti�.�jax'rr�� !�}� >��,3a �: a �.,,� � mrs j��'�' �s•3,�`7�ti °nx i �' P'��t� i+h i �t'i�yTf� 4 on�qjs'S:i`MOn -�;'�ji �M t t"!'' �e�"kt�x'y�i tt:. �.wr �r �k1E°et r F .a a v�� F�';`�9f'jz'sxsr1 A Na1 .�:� ro { it � ,p+e y d ,f. ["; � ,R�"� '?�' st, ^'d` t�'`n �t �7"x+ a �+ k✓# r ' M !t b`i. � r:�Y jd� lift lr W41 I � • � yr` � i EXHIBIT S I - 5 3 4