HomeMy WebLinkAboutR-81-0453r
RESOLUTION NO
A RESOLUTION AUTHORIEtNG THE CITY ,MANAGER TO
NEGOTIATE WITH DYNAMIC CABLEVISION OF rtoRIDA5
INC, WITH RESPECT TO THE CONSIDERATION TO BE
PAtD BY SAID Vtp,fii IN EXCHANGE FOR ITS USE OF MIAMI
CITY STREETS, WAYS, AND PUBLIC PLACES IN SAID
t°tkM1 S CONSTRUCTION OF A DEDICATED TR JNX LINE
NEEDED FOR THE DELIVERY OF CABLE TELEVISION
SIGNALS TO THE CITY OF WEST MIAMI ALONG A
ROUTE APPROXIMATELY, AS FOLt.OWS! BEGINNING
AT THE WEST BOUNDARY OF THE CITY OF MIAMI PRO-
CEEDING ALONG 8,W. 4TH STREET TO SiW. 73RD
AVENUE�'SOUT1} To TAMiAMI_TRAIL (SOW, 8TH STREET),
THEN EASTWARD AND ENDING AT S.W. 66TH AVENUE;,
SAID PROPOSED USE BEING SUBSTANTIALLY IN ACCORD-
- ANCE WITH THE TERMS OF THE ATTACHED AGREEMENT',
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 reques-
ted 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
theCity of West Miami; and
WHEREAS, the City of Miami is desirous of cooperating
with the Ci.t.y of [,pest Miami's efforts to acquire cable tele-
vision; and
WHEREAS, the location of such trunk line within the City,
of Miami represents the most direct and efficient route for
orida, Inc. to serve the residents
Dynamic Cablevision of Fl
of the City of West; Miami; and
c Cablevision of Florida,'Inc', agrees
WHEREAS, Dynami
that the placement of its cable trunk line on City of Miami
utility, poles will also 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
CITY COMMISSION
MEETING OF
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IT
3n. Howard V. Cary AL May 21, M1 I LE
City Manager
7 commission Action on Crant of Lioehse
to bynamic Cablevsioh of Florida, Ihor
to provide a cable television trunk
qadmIri 11 line through Miami to serve the city
Assistant to the City Manager of West Miami,
Ihtergoverhmental Affairs :' -=s License agreement
I recommend that the City of Miami Commission consider
granting`a license to Dynamic Cableyision of Florida;,Inc.
to use the public right-of-way for the purpose Of_cohstruc
ting a cable television trunk line through the west section
of the City of Miami to s11pply a cable television signal
the
e citizens of the City of hest Miami, the consideration
for the granting of such license to be set by the City
commission.
Dynamic Cablevision of Florida, Inc., which has its offices in Hialeah, has been
granted a license to providecable 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.W. 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 Cablevision and the City
of Miami cable system once it has been constructed. Such an interconnection between
systems is required by'the 'Dade County code. No service will be provided directly
to -the residents of the City of Miami through this trunk line.
The attached agreement requries Dynamic Cablevision to provide sufficient space on
the poles belonging to Southern Bell Telephone & Telegraph ,Company and Florida
Power & Light Company for the City of Miami's cable television system.
The west Miami cable system is now under constructionand this trunk line' connection
will need to be made very soon.
Approval of this request for a license will.have no effect on the process of awarding
a'license to provide cable television services to the City of Miami.
CM/ ah
81 - 45 3
A
i ASREEMEtT
This Agreement made this _ day of May, 1981,by iic)
bi�twean CITY OF MIAMI and DYNAMIC CM VISION OP VLORIDA,' INC
IN CONSIDERATION OF THE PROMISES AND OF THE MUTUAL'COVENANTS
AND =V RTARINC5 HEREINAFTER CONTAINED 8Y THE RART!t8 118A8TO 'TO
BE OB$ERVEb AND FE32FORMED, AND OTHER 0000 AND VALUABLE CONSIDERA�
TION,`THE PART1E8 HERETO DO.BINb THEthSELVE5 HEREBY AND AGREE AS
FOLLOws t to -wit:
Section I. CITY OF MIAMI, herein referred to as the
"CITY" grants to DYNAMIC CABLEVISION OF FLORIDA, INC., herein-
after referredto as the "COMPANY", the sight to install, main-
tain and operate a "dedicated trunk cable" through the CITY
OF MIAMI along the route shown on the attached Exhibit "A" subject
.to the provisions hereof, as well as the provisions of all appli
cable federal, state and local statutes, ordinances, rules and
regulations. This contract shall commence on the date hereof
and shall terminate fifteen (15) years subsequent to September 17,
1980, and may be renewed at that time subject to renegotiation of
the terms and conditions hereof.
Section II. The COMPANY hereby agrees that this right
granted by the CITY shall only be used for installation,opera-
tion and maintenance of a "dedicated trunk cable" as defined
herein. A "dedicated` trunk cable" is one which is delivering
a signal or signals that are used in a,particular area, in this
case, the City of west Miami. The cable is a conduit which
would not have distribution capabilities within the City of
Miami, and would not provide service•to any residents within the
City of Miami and shall provide service solely for the use of
residents of the City of,West Miami, The right to use and
occupy said streets, for the purpose herein provided, shall not
be exclusive and the CITY_ expressly reserves the right to grant
a similiar use of said streets, public ways and places to any
other person of corporation at any tine during the petiod of
t�iis a�re��entt
section III: The. COMPANY agtoes that the dedicated trunk
cablewould be 'attached either to eMisting poles along the
appr-ovod route Ot new poles approved as to location by the CITY
br, by means of aft underground plant.installed along the approved
route ,and subject to the CITY's criteria and requirements for
the location of similar equipment within the public rights -of-
way. Any pole attachments made by the COMPANY would not impede
attachments by any existing utilities or future cable television '
licensees designated by the CITY to provide service to CITY
residents. Underground plant installed by the COMPANY, should
any be needed, would be designed and installed with access for
--any future cables by means of spare conduits. Should any of the
COMPANY's attachments, underground plan, or equipment interfere
with any existing users, or future cable television CITY
licensee, all cost for design changes, alterations, and any
material needed to eliminate such interference, would be
borne by the COMPANY.
Section IV. The COMPANY will pay to:the ',CITY the sum
of for the life of this Agree-
ment or as long as such dedicated trunk cable remains in such
location;, provided that no fees paid to the CITY pursuant to
this Agreement shall be refunded in the event that:
a. The permission to allow the dedicated
_. trunk cable to remain at its location
is revoked; - or
b. The COMPANY voluntarily removes any
dedicated trunk cable from an approved
location.
Section V. The COMPANY will continuously comply with
all of the provisions of federal law, rules and regulations.,
governing tlje`operation of the cable television facilities and
a� Corms of the franchises Qr. ligenses granted to said COMPANY
by the City of f4iAMi and bade County.
5edtion ill. The CbHPANY agrees that no dedicated trunk
cable will be placed at any location where the CITY finds that
the proposed site or location will tend to unreasonable ob-
struct passage 'along any public tights -of -way to create an
undue hazard or is otherwise detrimental to public safety,
The COMPANY will, upon being given permission to use abutting
private property, as an alternate location to placing the dedi-
cated trunk cable in the public right-of-way, secure written
permission from the affected property owner, and submit such
written evidence of having gained permission to install the
dedicated trunk cable on private property adjacent to the
right-of-way prior to the CITY's approval for the location of
such dedicated trunk cable. In the event the City Manager
determines that it becomes necessary to relocate the dedicated
trunk cable, due to construction, renovation or for other
reasons, the COMPANY shall at no cost to the CITY relocate such
cable to an alternative location as designated and approved
by the City Manager.
Section VII.:" No attachment or installation shall be made
by the COMPANY within the CITY unless such location has been
designated and identified as a satisfactory location by the
CITY and shall have been first approved by the CITY and any
affected public utility with approval rights over the use of
said existing pole or poles. All poles, wires, cables, under-
ground conduits, manholes and other fixtures erected by the
COMPA14Y in, upon, along, across, above, over and under the
streets, alleys and public ways within the CITY shall be so
located as to cause minimum interference with the common. use
of said streets, alleys, and other public ways. The COMPANY,
its successors or assigns, shall, at its own expense, at the
direction of the governing authority of the CITY# move such.
poles, underground cables or wires,including changing the
t
height of such wires; as may at any time unfeagohably interfere
{
with# hamper or'restridt'the common use of any street, avbhue
or alley in the City, In the extent that the City `of Miar.111
requires utilities to place their facilities underground; theta
at the same time the dedicated trunk cable will also be placed
underground in a location to be determined by the CITY. The
COMPANY will place dedicated trunk cable underground at no cost
to the CITY.
Section VIM . Detailed plans and specifications of the
proposed route shallbe supplied' by the COMPANY if requested
by the CITY and modification of said plans and specifications
shall be made at COMPANY' expense if such modification is re-
quired by the CITY.
Section IX. The COMPANX shall maintain the dedicated
trunk cable at all times in a safe condition and at its proper
and lawful location andshallinspect each attachment 'periodi-
tally.
Section X. The rights and obligations heretofore
described shall be subordinate to any license granted by the
CITY to any other cable television company 'which would be
servicing residents located within the City of Miami.
Section XI. The COMPANY agrees that no assignments of
this Agreement will` be'made 'without the prior written approval
of the CITY and that any assignees shall be governed by the
terms and intent of this Agreement.
Section Y.II. The COMPANY shall defend, indemnify and save
harmless the CITY 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 property,"
sustained by reason of car , as a result of the COMPANY's ( its
agents, employees or workmen) carelessness or negligence; from
and against any orders,;judgments or decrees, which may be