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HomeMy WebLinkAboutO-09223JJC /wpc 10/21/80 R-12/9/80 9 � 2 3 -� ORDINANCE NO.� AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION, REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF MIAMI. WHEREAS, the City Commission is aware of the development of Cable Television in the United States and the State of Florida and in Dade County; and WHEREAS, the City Commission wants to provide for the order- ly development of Cable Television in the City of Miami for the enjoyment, education and protection of the citizens of the City of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the "City of Miami Cable Television Regulation Ordinance". 1/. Section 2. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indi- cates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in a singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. CABLE TELEVISION SYSTEM - Any facility, the primary function of which is either to receive and amplify the broadcast signals of one or more television and radio stations or to provide signals for additional closed circuit program- ming, and to redistribute such signals to members of the public who subscribe thereto or to whoa redistribution of such signals is required by this Ordinance, by means of wires, cable, con- 1/. A Topical Index to this Ordinance is provided and attached hereto as "Schedule A" 1 duits, or any other devices which are above, below, on, in, or along highways or other public places in the City. B. BASIC SUBSCRIBER SERVICE means the total of the following: (1) The transmission of all broadcast television signals carried on the Cable Television System. (2) The transmission of the public, educational, local government and special access channel signals; (3) The transmission of the local origination channel signals; (4) The installation and re -connection of sub- scriber service outlets. (5) Any such other programming as may be pro- vided for in the License. C. AUXILIARY SERVICES - Any communications service in addition to "basic subscriber services" including but not limited to pay TV, burglar alarm service, data transmission, facsimile service, home shopping service, etc. D. CABLECASTING - Programming (exclusive of broad- casting signals) carried on a Cable Television System. (1) ORIGINATION CABLECASTING. Programming (ex- clusive of broadcast signals) carried on a Cable Television System over one or more channels and subject to the exclusive control of the cable operator. (2) ACCESS CABLECASTING. Services provided by a Cable Television System on its public, education, local govern- ment, or leased channels. (a) PUBLIC ACCESS CHANNEL A specially designated, non commercial public access channel available on a first - come, non discriminatory basis for program- ming, not deemed by the Licensee to be violative of contemporary standards of 2 9C,23 L 7 community taste relating to display of ob- scene, lewd, vulgar, prurient or violent material, at no charge to USERS, for which the system shall maintain and have avail- able for public use at least the minimal equipment and facilities necessary for the production of programming for such a channel. (b) EDUCATION ACCESS CHANNEL A specially designated channel for use by local educational authorities at no charge to users. (c) LOCAL GOVERNMENT ACCESS CHANNEL A specially designated channel for local government uses at no charge to users. (d) SPECIAL ACCESS CHANNEL A channel that is dedicated to a specific organization, institution or community interest group at no charge to users. (e) LEASED ACCESS CHANNEL Portions of the system"s nonbroadcast band- width including unused portions of the specially designated channels for leased access services. E. CHANNEL - A band of frequencies 6 megahertz wide in the electro-magnetic spectrum capable of carrying either one or more audio-visual television signals and a few non -video signals or a large number of non -video signals. F. CITY - The City of Miami, Florida. -r G. CITY COMMISSION - The City Commission of the City of Miami, Florida. H. CITY MANAGER - The City Manager or person desig- nated by him to act for his office in administrative matters relat- ing to cable television. I. CONVERTER - An electronic device which converts signals to a frequency not susceptible to interference within the 3 9223 z � television receiver of a subscriber, and by an appropriate channel selector that permits a subscriber to view certain signals delivered by the Cable Television System. J. FEDERAL COMMUNICATIONS COMMISSION OR FCC - The present federal agency of that name as constituted by the Communications Act of 1934, or any successor agency created by the United States Congress. K. LICENSE - A grant by the City to a person or cor- poration to allow that person or corporation to operate a Cable Television System within the City pursuant to subsequent ordinance. L. LICENSEE - Any person or company, including af- filiates or subsidiaries to whom permission is granted by the City to operate a Cable Television System within the City pur- suant to subsequent ordinance. M. LICENSE AREA - That portion of the License Entity for which a License is granted under the authority of this Ordi- nance or by subsequent ordinance. N. LICENSE AUTHORITY - The City Commission or any person or board designated by the City Commission. 0. LICENSE ENTITY - The City of Miami, Florida, as presently constituted including any area henceforth added during the terms of any License granted. P. LICENSOR - The City of Miami, Florida. Q. GROSS REVENUE - Any and all compensation, in whatever form, exchange or otherwise, derived from all cable services within the confines of The City of Miami, including, but not limited to, revenues from subscriber rates, pay cable, advertising, leased access channels, and installations, con- nections and reinstatement charges; provided, however, it does not include any grants, or taxes imposed directly on any sub- scriber or user by a local, state or federal governmental unit and collected by the Licensee for such entity. R. PUBLIC STREET - The surface of and the space above and below any street, terrace, avenue, road, highway, free- way, bridge, land, path, alley, court, sidewalk, parkway, drive, 4 9 20 2 3 1& 0 boulevard or other public way, now laid out or dedicated, and all extensions thereof and all additions thereto, within the City. S. SUBSCRIBER - Any person, firm, corporation, or other legally recognized entity receiving the service of the Licensee for any purpose. T. UPSTREAM TRANSr4ISSION PATH - A signal path pro- vided by a Cable Television System to transmit signals of any type from a subscriber terminal to another point in the Cable Television System. U. LOCAL EDUCATION AUTHORITIES - Those individuals, groups, organizations or governmental entities accredited by the State of Florida which provide primary, secondary or college level education, public or parochial, within the City. Section 3. NON EXCLUSIVE LICENSE. Any License granted by the City of Miami pursuant to this Ordinance and subsequent Ordinance shall grant to the Licensee the right and privilege to erect, construct, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicat-bd and all such extensions thereto and additions thereto in the City, all necessary wires, cables, conduits, conductors and fixtures for the maintenance and operation of a Cable Television System for the interception, sale, transmission and distribution of television programs and other audiovisual electrical signals, and the right to transmit same to the inhabitants of the City on the terms and conditions hereinafter set forth. The right to use and occupy said streets. for the purpose herein provided shall not be exclusive and the City of Miami expressly reserves the right to grant'a similar use of said streets, alleys, public ways and places to any other person or corporation at any time during the period of this license. No system shall be allowed to occupy or use the streets of the City or be allowed to operate without a Cable Television License. Section 4. TERM. A. The term of any license granted by the City of Miami pursuant to subsequent ordinance shall be fifteen (15) 5 years from and after the passage of the Ordinance awarding the license, subject to the conditions and restrictions herein pro- vided, and further provided that the City Commission shall have the right to review any license periodically at such time or times as the City Commission may .from time to time elect and as hereinafter provided. B. A license, after public hearing and according to the license renewal procedure as provided in Section 40 herein, may be renewed for a period not to exceed fifteen (15) years. Section 5. LICENSE FEE. A. A Licensee shall pay to the City a sum equal to five percent (5%) of the total gross revenues of the Licensee from all services in the City which sum shall be paid quarterly as provided in the ordinance granting the license. Licensee shall cooperate with and assist the City in seeking any waivers necessary for obtaining a fee in an amount higher than three percent (3%). The license fee shall be subject to renegotiation at a higher percentage rate at such time as laws and regulations permit. B. Notwithstanding the above payments required in paragraph A, Licensee shall pay to the City a minimum quarterly payment of $125,000, payable beginning on the effective date of the license and quarterly thereafter as provided in the ordi- nance granting the license. The minimum payment shall be ad- justed quarterly to reflect changes in the Consumer Price Index. Such payments hereunder that are in excess of the five percent (5%) license fee, as provided for in paragraph A, shall be credited against future license fee payments due to the City by the Licensee in excess of the minimum payment. Section 6. RIGHTS SUBJECT TO POLICE POWERS. In accepting a license, each licensee acknowledges that its rights hereunder are subject to the police power of the City to adopt and enforce general resolutions and ordinances necessary for the safety and welfare of the public, and each Licensee agrees to comply with all applicable general laws and ordinances presently in force or subsequently enacted by the City pursuant to such power. 6 9 2 2 3 __3 Section 7. APPLICATION PROCEDURES. A. This Ordinance itself grants no authority to operate a Cable Television System to any person or corporation. Such grant shall be made by the adoption of a separate ordinance awarding specific license to an applicant who has complied or stated it will comply with the provisions of this Ordinance. B. Any person or company interested in obtaining a license to operate a Cable Television System in Miami shall sub- mit a non-refundable application fee of Ten Thousand Dollars ($10,000.00) and a written application to the City which con- tains the following information: (1) The name, address and form of business of the applicant. If the applicant is a corporation, it shall also state the names, addresses and occupations of its officers and directors, and the names and addresses of any parent or subsidiary companies. If applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers and directors of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated associa- tion, the name and address of each member, active, or inactive, shall be set forth, and if one or more partners are corporations, the names, addresses and occupations of such corporation's offi- cers and directors shall also be stated. (2) A list of all other Cable Television Systems, if any, in which the applicant has a substantial interest, stating the location, approximate number of homes served, and the name and address of the local licensing body. (3) A thorough description of the proposed Cable Television System to be installed and operated, the manner in which the applicant proposes to construct, install, maintain and operate same, together with a map delineating dates of pro- posed service to the various areas of the Licensed Entity. (4) A schedule of proposed rates and charges to all classes of subscribers for both installation and monthly service and a copy of the proposed service agreement between the applicant and its proposed subscribers if any. 7 9223 - (5) A full disclosure of all agreements and understandings, whether written, oral, or implied, between the applicant and any other person with respect to the owner- ship interests, sale of shares or buy-back provisions dealing with the proposed Cable Television operations. If such a written agreement exists, a copy thereof shall be provided with said application. If a license should be granted to a person posing as an agent for an undisclosed principal or representative of another undisclosed person, such license shall be deemed void ab initio and of no force and effect. (6) An estimate of the cost of constructing the applicant's proposed system and a financial statement prepared in a form satisfactory to the City Manager showing applicant's financial status and its financial ability to meet these pro- posed costs. (7) A sworn statement acknowledging the appli- cant's familiarity with and eligibility under the provisions of this ordinance and the Rules and Regulations of the FCC, and its intention to abide by same. (8) Any such supplementary information as the City Manager shall at any time demand in order to reasonably determine whether the requested license should be granted. C. No application for a license shall be acted upon by the City Manager until a publication of intention to award such a license has been authorized by the City Commission solicit- ing the filing of applications. The City Manager shall then specify a date for a public hearing before the Commission. After a hearing, the City Commission shall select a successful appli- cant based upon its findings as to the qualifications of the applicant to render satisfactory Cable Television Service. The City Commission has the right to waive any irregularities in the•application or reject all applications. D. Once the successful applicant has been deter- mined, but prior to the adoption of a separate ordinance award- ing a specific license, there shall be a full disclosure of all agreements and understandings, whether written or implied, be- tween the applicant and any other person with respect to the 9223 proposed license or the proposed cable television operation. If any such written agreements exist, a copy thereof shall be provided. E. The City Commission, after a public hearing, shall adopt an ordinance awarding a specific license to an applicant, which ordinance shall contain conditions and pro- posals for the construction, operation, regulation and con- duct of Cable Television Service. Section 8. LIMITATIONS. A. A Licensee shall, at all times during the life of its license, be subject to the lawful exercise of the Licensoe's police power and such reasonable regulations as the City Manager or City Commission may subsequently promulgate. Nothing contained in this Ordinance shall be deemed to prohibit in any way the right of the Licensor to levy non -discriminating occupational license taxes on any activity conducted by the Licensee. B. All privileges prescribed by any license subse- quently granted shall be subordinate to any prior lawful occu- pancy of the public streets, and the Licensor reserves the right to reasonably designate where a Licensee's facilities are to be placed within the public rights -of -way. C. A license shall be a privilege which is personal to the original applicant. This license shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass or vest in any person without the prior approval of the City Commission expressed by ordinance. The proposed assignee must show financial responsibility as determined by the City and must agree to comply with all provisions of the license. D. The company shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Company. The word "control" as used herein includes not only major stockholders, General Partners and Limited Partners but also includes actual working control in whatever manner exercised. Every change of "control", transfer 9 9223 of "control", or acquisition of "control" of the Company shall make the license subject to cancellation unless and until the City shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the qualification of the prospective controlling party, and the Company shall assist the City in any such inquiry. Furthermore, a rebuttable pre- sumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of five percent (5%) of the voting shares of the Licensee. Nothing contained herein shall attempt to limit the transfer of stock of any Licensee whose stock is traded on recognized stock exchanges and under the control of the Security Exchange Com- mission or similar bodies. E. A mortgage or pledge of the Cable System equip- ment, license, or revenues, or any part thereof, for financing purposes or otherwise, shall be made only with the prior approv- al of the City Commission and shall be subject and subordinate to the rights of the City under this ordinance or applicable law. F. The consent or approval of the City to any assign- ment, lease, transfer, sublease, or mortgage of any license granted to any Licensee shall not constitute a waiver or re- lease of the rights of the City in and to the City streets. G. In the absence of extraordinary circumstances, the City Commission will not approve the assignment of any license by a Licensee prior to completion of construction of the Cable Television System. H. The City Commission reserves the right to review the purchase of any transfer or assignment of any system, and any assignee of any Licensee expressly agrees that any negotiated sale value which the City Commission deems unreasonable will not be considered in the rate base for any subsequent request for rate increases. Recovery by seller of the costs of construction of the system plus accumulated operating losses to date of sale, if any, shall not be considered an unreasonable sales price. 10 9223 Section 9, CABLE TELEVISION SYSTEM INSTALLATION. A. All Cable Television Systems shall be located so as to cause the minimum interference with the proper use of streets and the property adjoining the streets and shall not interfere with any gas, electric or telephone fixture, water hydrant or main. A Licensee shall restore any street it disturbs to as good a condition as before the disturbance and shall main- tain the disturbed street in that condition, acts of God and reasonable wear and tear excepted, for one year after restoration is complete. If a Licensee fails to restore or maintain as pro- vided herein, the City may do so and Licensee shall be assessed and pay the cost of restoration or maintenance. B. All wires, cables, amplifiers, and other property shall be constructed and installed in an orderly and workmanlike manner. All cables and wires shall be installed parallel to exist- ing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parallel and bundled with due respect to engineering and safety considerations. All installa- tions shall be underground in those areas of the City where public utilities providing both telephone or electric service are under- ground. In areas where either or both telephone and electric utility facilities are above ground at the time of installation, the Licensee may install its service above ground with the under- standing that at such time as both facilities are required to be placed underground by the City, the Licensee shall likewise place its service underground without cost to the City or the residents of the City other than as may be allowed under the provisions of this Ordinance. C. Any Cable Television System shall be installed only on property of the Licensee, on existing pole facilities covered by utility approval, on property of a subscriber, or on utility easements, rights of way or streets of the City. Installation of new poles is expressly forbidden without the prior written con- sent of the City Manager. D. The Licensee shall at all times install and maintain its wires, cables, fixtures and other equipment in accordance with 11 `'. 9223 ` 4h s the requirements of the Licensor's Building Code and Electrical Safety Ordinances, and in such a manner so as not to interfere with any installations of the Licensor or other Licensees. E. The Licensee shall at all times keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all of its structures, lines, equipment and connec- tions in, over, under, and upon the streets, sidewalks, alleys, and in public ways or places of the Licensor, wherever situated or located. F. The Licensee shall at its expense, protect, support, temporarily disconnect, relocate or remove any property of the Licensee located on streets, rights of way and/or easements of the City, when required by the City because of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, or any other type of structures or improvements by the City or for other good cause. If Licensee fails to do so, the City may cause the neces- sary work to be completed and Licensee shall be assessed and pay the City the cost thereof within ten (10) days of receipt of an itemized account of such cost. G. Upon termination of services to any subscriber, the Licensee shall, upon request of the subscriber, promptly remove its facilities and equipment from the premises of such subscriber, provided however that nothing contained herein shall be deemed to require the Licensee to remove any of its facilities and equipment that are located inside of walls or that have been placed underground. H. The Licensee at the request of any person holding a permit issued by the City, shall temporarily remove, raise or lower its wires to permit the moving of buildings or equipment. The expense of such temporary removal, raising or lowering shall be paid by the person requesting same and the Licensee may require such payment in advance. The Licensee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. This provision shall not apply to requests by the City for which movement there shall be no charge by Licensee. 12 9223 �' Section 10. TECHNICAL STANDARDS. A. Methods of construction, installation, and mainten- ance of the Cable Television System shall comply with the National Electrical Safety Code, National Electrical Code of 1975, National Bureau of Standards Handbook 81 (Part 2), or other applicable Federal Regulations as amended to the extent that such Codes or Regulations are consistent with local law affecting the construc- tion, installation, and maintenance of supply and communications lines. To the extent that such Code or Codes or Regulations are inconsistent with other provisions of this Ordinance or with local law, the latter shall govern. B. Any tower constructed for use in the Cable Tele- vision System shall comply with the standards contained in Struc- tural Standards for Steel Antenna Towers and Antenna Supporting Structures, EIA Standards RS-222-A as amended as published by the Engineering Department of the Electronic Industries Associa- tion, Washington, D.C. C. Installation and physical dimensions of any tower constructed for use in the Cable Television System shall comply with all appropriate Federal Aviation Agency regulations includ- ing, but not limited to, Objectives Affecting Navigable Airspace, 14 C.F.R. 77.1 et seq. February, 1965, as amended. D. Any antenna structure used in the Cable Television System shall comply with Construction Marking and Lighting of Antenna Structure, 47 C.F.R. 17.1 et seq., September, 1967, as amended. E. All working facilities used and conditions exist- ing during construction, installation, and maintenance of the Cable Television System shall comply with the standards of the Occupational Safety and Health Administration, as amended. F. The Licensee shall fully comply with the rules and standards for Cable Television operations as adopted by the Federal Communications Commission, 47 C.F.R. 76.601-76.613 (1972) and all amends thereto. In the event that such FCC regu- lations are found to be inapplicable to the Cable Television System, the Licensee recognizes the right of the City to adopt 13 LI e local technical standards substantially similar to FCC regulations, with regard given to changes in the state-of-the-art. G. The Licensee shall fully comply with the rules and regulations contained and promulgated within this Ordinance and all other City ordinances or resolutions which apply to the operation of Cable Television Systems, as amended. H. Stray radiation (Rf leakage) shall be measured adjacent to any proposed aeronautical navigation radio sites to prove no interference will occur to airborne navigational recep- tion in normal flight patterns. Section 11. CONSTRUCTION TIMETABLE. Service shall be made available to One Hundred percent (100%) of the City within three (3) years from the date of the passage of the Ordinance awarding a license or such shorter period as required by the ordinance awarding a license. After service has been made available to any particular area of the City, the Licensee shall, within thirty (30) days of a request, furnish service to any person or entity requesting service. Section 12. RIGHT TO INSPECT. The City through its repres- entatives may inspect the Cable Television System during construc- tion. After completion the City shall have the right to inspect the Cable Television System at any time. Section 13. CONSTRUCTION BOND. A. Licensee at its expense shall maintain in effect for a period of five (5) years or until completion of the Cable Television System, whichever is longer, a corporate surety bond with a company satisfactory to the City and in a form approved by the City Attorney, in the amount of One Million Dollars ($1,000,000.00), conditioned upon the faithful performance of Licensee's duties under this Ordinance or subsequent resolutions or ordinances, and providing that if the Licensee fails to comply with the ordinances or resolutions, the City can recover up to the full amount of the bond, jointly and severally from the principal and surety, for any damage suffered by the City as a result of such failure to comply, including the cost of removal of the Cable Television System of the Licensee. The performance 14 9 N N 3 e bond policy shall contain a provision that the City shall be notified in writing not less than 90 days prior to its cancella- tion. The bond policy shall be filed with the City Clerk. B. As an alternative to providing a construction bond as set forth in the preceding section, a Licensee may re- quest permission from the City Manager to provide some other type or form of security or sufficient guaranty of performance, which shall also be submitted to the City Attorney for approval. Section 14. LETTER OF CREDIT. A. Within ten (10) days after the award of a License, the Licensee shall deposit with the City a letter of credit from a financial institution in Dade County in the amount of $100,000.00. The form and content of such letter of credit shall be approved by the City Attorney. The letter of credit shall be used to in- sure the faithful performance by the Licensee of all provisions of the license; and compliance with all orders, permits and direc- tions of any agency, commission, board, department, division or office of the City having jurisdiction over its acts or defaults under the license, and the payment by the Licensee of any claims, liens and taxes due the City which arise by reason of the con- struction, operation or maintenance of the System. B. The letter of credit shall be maintained at $100,000.00 during the entire term of the License, even if amounts have to be withdrawn pursuant to subdivision A or C of this section. C. If the Licensee fails to pay to the City any compensation within the time fixed herein; or any penalties exacted under Section 38; or fails to repay the City within ten K (10) days, any damages, costs or expenses which the City is com- pelled to pay by reason of any act or default of the Company in connection with the license; or, fails, after three (3) days' notice of such failure by the City to comply with any provision of the license which the City reasonably determines can be reme- died by demand on the letter of credit, the City may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit. Upon such request for pay- ment, the City shall notify the hicenNee of the amount and date 15 9#223 Ll e thereof. D. The rights reserved to the City with respect to the letter of credit are in addition to all other rights of the City, whether reserved by the license or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the City may have. E. The letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit may not be cancelled by the surety nor the intention not to renew be exer- cised by the surety until sixty (60) days after receipt by the City, by registered mail, a written notice of such intention to cancel or not to renew." F. In lieu of the letter of credit provided for above, the City Commission may approve an alternative means of establishing a security fund upon request of the Licensee. Section 15. LIABILITY - INDEMNIFICATION - INSURANCE. A. The Licensee shall hold the City harmless and shall pay any and all damages which the City may be required to pay as a result of granting any right and/or authority hereunder or under any subsequent resolution or ordinance, including but not limited to, damages arising out of copyright infringement and damages arising out of the installation or operation of Licensee's Cable Television System whether or not any act or omission com- plained of is authorized, allowed or prohibited by the License grant. The Licensee shall pay all reasonable expenses incurred by the City in defending itself with regard to claims for the foregoing damages, including, but not limited to all out-of-pocket expenses, attorney fees for outside counsel, the reasonable value of any services rendered by the City Attorney or his assistants, or by any employee of the City. B. The Licensee shall hold harmless and indemnify the City against any and all losses or liability arising from Licen- see's actions under any Cable Television license subsequently 16 F 9223 granted. No Licensee shall have any recourse against the City for any loss, liability, or damage arising from the license. C. The Licensee at its expense shall maintain in effect a Comprehensive General Liability Policy in the amounts of not less than $1,000,000.00 Bodily Injury Coverage and $1,000,000.00 Property Damage resulting from any one occurrence. The City of Miami shall be named as an additional insured. D. The Licensee at its expense shall maintain in effect Automobile Liability Insurance Policies covering all owned, non owned, hired vehicles, in the amounts of not less than $100,000/300,000 for bodily injury and $100,000 property damage. E. The Licensee shall maintain statutory workmen's compensation insurance. F. All insurance required above shall be issued in companies authorized to do business under the Laws of the State of Florida and be countersigned by a Local Insurance Agent or Broker domiciled in Dade County, Florida. The minimum qualifi- cations as to management and financial strength of the insur- ance companies are to be rated a minimum of Capital A: Class X, or above, in accordance to Best Key Rating Guide, Latest Edition. Certificates of Insurance providing evidences of the above coverages shall be furnished to the City's Risk Management Division of the Finance Department with copies filed with the City Clerk's Office. Section 16. CONTINUOUS REGULATORY CONTROL - AMENDMENT - ADVISORY BOARD. A. The City shall have continuing regulatory jurisdic- tion and supervision over the operation of any license granted and may from time to time adopt such reasonable rules and regula- tions or amend the license in any manner that the City may deem necessary in the exercise of the police power for the conduct of the Cable Television System. Such amendments and regulations shall not be arbitrary or capricious and shall not conflict with the rights granted herein or with federal or state legislation and regulations. 17 9223 BThe City may amend the license upon the application of any Licensee when necessary to enable a Licensee to take advantage of any developments in the field of Cable Television Systems which will afford it an opportunity to serve its custom- ers more effectively, efficiently and economically. C. Reevaluation sessions may be held by the City Commission at any time during the term of the license. All such reevaluation sessions shall be open to the public and announced in a newspaper of general circulation at least seven days before each session. The topics which may be discussed include: service rate structures, free or discounted services, application of new technology, system performance, services provided, programming offered, customer complaints, amendments to this ordinance, under - grounding progress, and judicial and FCC rulings. D. The City Commission if it so desires shall have the authority to establish and appoint a Cable Television Advis- ory Board consisting of seven (7) members who shall serve for two year terms. Such board's duration shall be at the pleasure of the City Commission. The board would advise the City Commis- sion on Cable Television and may have the responsibilities and duties as determined by the City Commission. Section 17. REGULATORY AUTHORITY OF THE LICENSEE. A Licensee shall have the authority to issue such rules, regula- tions, terms and conditions governing the conduct of its business that may be reasonably necessary to enable the Licensee to exer- cise its right to perform the obligations under the license and to assure uninterrupted service to its customers. The rules, regulations, terms and conditions which may be adopted by a Licensee, however, shall not be in conflict with the provisions of a Cable Television license or amendment thereto, or other laws and ordinances of the City, the State of Florida or of the United States. All regulations issued by a Licensee shall be filed with the City Clerk and shall not become effective until after a sixty (60) day period following filing, within which time the Commission may disapprove in whole or in part any regulation, rule, term or condition issued by a Licensee. Such disapproval 18 �22 3 shall be done only after the holding of a public hearing by the City Commission. The Licensee shall be given seven (7) days prior written notice of such hearing. Section 18. FREE CONNECTIONS FOR PUBLIC BUILDINGS. All public buildings shall be connected to the Cable Television Sys- tem at no charge. Requests for service shall be initiated by authorized local government officials. For planning purposes, one service drop per facility should be anticipated at the City Hall, the Police and Fire facilities, the City Administration Building, the Court House, at all city parks, the Little Havana Community Center, the city day care centers, all public schools, all county, state and federal public facilities, and any other public buildings subsequently designated by resolution of the City Commission. If more than one drop is required (per facility), the charge should be based on company's costs of time and materials. No monthly charges shall be made for provid- ing basic subscriber services to public buildings, as enumer- ated above. Section 19. SUBSCRIBER RATE SCHEDULE. A. Initial rates and charges authorized for service under any license subsequently granted shall be set forth in the ordinance granting the license. B. Initial basic subscriber rates shall be effective for a minimum of two (2) years from the date of commencing opera- tions or until Licensee has completed all construction as indi- cated in its construction timetable, whichever is longer. C. There may be added to any authorized charges any applicable gross receipts, sales, service or other similar taxes, if any, but such added charges will not include the license fee or use taxes. D. A Licensee may refuse to furnish or discontinue furnishing Cable Television service to a subscriber who fails to pay installation fees or monthly service charges when due, or for other good cause, but only after written notice to that sub- scriber. E. A Licensee may require subscribers to pay for the 19 9223 installation and for each month of basic service in advance at the beginning of each month. F. Nothing in this provision shall be construed to prohibit waiver or reduction of charges for initial installation service reconnection or other service charges that are made on a non-discriminatory basis for promotional purposes. Section 20. CHANGES TO RATE SCHEDULE - PROCEDURE - APPROVAL. A. A Licensee may petition the City Commission for a change in rates by filing a revised or amended rate schedule which must include its justification for said proposed new schedule. B. The City Commission may call for a public hearing within sixty (60) days of receipt of the petition which hearing shall be held within sixty (60) days of receipt of said notice. The Licensee, within ten (10) days of notification by the City Commission of the place and time established for a hearing on the petition, shall notify its subscribers of the day by announce- ment on at least two channels of its systems, between the hours of 10:00 A.M. and 9:00 P.M., which announcement shall be made at least twice each day for five (5) consecutive days, one of which times must be between 6:00 P.M. and 9:00 P.M. If the City Commission does not set a date for the hearing on the petition within sixty (60) days after receipt of the Licensee's petition, or if the City Commission takes no affirmative action by either denying or approving the proposed rate changes within one hundred eighty (180) days following receipt of. Licensee's petition, the proposed changes shall be deemed approved. C. The criteria for the City Commission decision in such matters shall be establishment of rates which are "fair and reasonable" to both the Licensee and its subscribers and shall be generally defined as the minimum rates necessary to meet all ap- plicable costs of service including fair return on all invested capital, all assuming efficient and economical management. D. A Licensee's petition for rate increase shall include in the following financial reports which shall only 20 9223 reflect the operations of the City of Miami Cable Television System. 1. Balance Sheet. 2. Income Statement. 3. Cash Flow Statement. 4. Statement of sources and applications of funds. 5. Detailed supporting schedules of expenses, income, assets and other items as may be required. 6. Statement of current and projected subscrib- ers and penetration. 7. The documents listed shall include sufficient detail or footnotes as may be necessary to provide the City with all information needed to make accurate determinations as to the financial condition of the Cable Television System. All finan- cial statements shall be certified as accurate by an officer of the Licensee. E. The City shall have access to Licensee's records of financial transactions for the purpose of verifying burden rates or other indirect costs prorated to the City of Miami operation. Section 21. QUALITY OF SERVICE. The Licensee shall pro- duce a Cable Television System that shall be as good as the state of the art allows accompanied with comparable quality audio on typical standard production television sets in good repair. The Cable Television System shall comply, to the extent required, with the applicable technical standards specified by the FCC and contained in Subpart K of Part 76 CFR of the rules and regulations of the FCC or any other successor rules and ` regulations. The Licensee shall render efficient service, make Y repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, if possible, shall be preceded by notice and shall occur during periods of minimum use of the system. Section 22, SUBSCRIBERS' RIGHT UPON FAILURE OF SERVICE. A. In the event that service to any subscriber is in- terrupted for 48 or more consecutive hours, except for acts of 21 922 3 God, reasons beyond the control of the Licensee, and except in circumstances for which prior approval of the interruption is obtained from the City, Licensee shall provide a twenty percent (20%) rebate of the monthly fees to affected subscribers upon the subscribers' request. B. In the event that service to any subscriber is interrupted for 72 or more consecutive hours, except for acts of God, reasons beyond the control of the Licensee, and except in circumstances for which prior approval of the interruption is obtained from the City, Licensee shall provide a one hundred per- cent (100%) rebate of the monthly fees to affected subscribers upon the subscriber's request. C. In cases where service is interrupted due to acts of God, subscriber service charges shall be suspended from the time notification is given to the Licensee of the interruption until service has been restored, without any additional penalty to Licensee. D. For purposes of computing the time of interrupted service, said time shall begin when a complaint for interrupted service is received by a Licensee. Section 23. LOCAL SUBSCRIBER SERVICE - COMPLAINTS. A. Licensee shall maintain a local business office within the City to provide safe, adequate and prompt service to City subscribers which office shall be open during usual business hours. Licensee shall have a listed local telephone number so that complaints and requests for repairs or adjust- ments may be received at any time. All subscriber complaints regarding quality of service, equipment malfunctions and similar matters shall be acted upon by the Licensee as soon as possible, but in no event more than two business days from the date of receipt. Licensee shall give each subscriber written notice of these complaint procedures on initial subscription to the Cable Television System which notice shall include complaint tele- phone numbers. B. The Licensee shall keep a record of and investigate all complaints from subscribers. Such records shall identify the 22 922 3 0 subscriber, his address, the nature, location and date of the complaint, .and a technician's report on the disposition of the complaint. The City may, at any time, inspect the subscriber Com- plaint records of the Licensee. Upon request from the City, Licen- see shall, within seven (7) days after receiving such request, send a written report to the City with respect to any complaint. The report to the City shall provide a full explanation of the investigation, finding, and corrective steps taken by the Licensee. C. Where subscriber complaints have not been re- solved within two (2) business days, as provided in Section 23(A), the City Manager or his designee is empowered, among other things, to adjust, settle or compromise any controversy arising from operations of the Licensee in accordance with the best interest of the public, and with due regard to the res- pective interests of the Subscriber and the Licensee. In cases where requests for service have been ignored or unfilled for whatever reason, the City Manager shall have the power to compel the Licensee to provide service to all reasonable re- quests as the City Manager may determine. Provided, that any person aggrieved by a decision of the City Manager may appeal the matter to the City Commission for hearing and determination. The City Commission may accept, reject, or modify the decision of the City Manager, and may adjust, settle or compromise any controversy arising from the operations of the Licensee under any license granted pursuant to this ordinance. No adjust- ment, settlement, or compromise, whether instituted by the City Manager or by the City Commission shall be contrary to the provisions of this ordinance or of the license, and neither the City Manager nor the City Commission, in the ad- justment, settlement, or compromise of any controversy shall have the right or authority to add to, modify, or delete any provision of this ordinance or of the license. Section 24. SUBSCRIBER PRIVACY - USE OF DATA. A. The Licensee shall not initiate or use any form, procedure, or device for procuring information or data from sub- scribers' premises by use of the Cable Television System without 23 9223 1 prior valid written authorization from each subscriber so affected. Valid authorization shall mean written approval from the subscrib- er. Said authorization shall not have been obtained from the subscriber as a condition of service. Further, it shall be unlaw- ful for Licensee without such authorization, to activate or utilize any "Upstream Transmission Path" in any manner from the subscribers' premises. In any case the subscriber shall have the right and opportunity to deactivate the return path from the subscribers' premises. Nothing herein contained shall prohibit the company from utilizing the upstream path for billing pur- poses and to verify the integrity and performance of the Cable System. B. The City or the Licensee shall not, without prior valid written authorization from each subscriber so affected, pro- vide any data identifying subscriber's name or address to any person except as required by law. f; ti C. No authorization for procurement or dissemination (kF f of subscriber identifiable information or data shall be valid unless it does the following: (1) Specifies the type or types of information or data covered; and (2) Identifies the parties authorized to collect, receive, store, record, transmit, or otherwise convey this information or data. All authorizations shall specify the maximum period of time that any subscriber identifiable information or data shall be preserved in any manner or form. D. A written copy of all subscriber identifiable in- formation or data which is retained and/or disclosed and the dis- position of this information or data, together with any explan- ation necessary to make it understandable to the subscriber, shall be provided to the affected subscriber within thirty (30) days of procurement. Further disclosures shall be fully detailed in writing to the affected subscriber within thirty (30) days of such disclosure. 24 9 2 2 3 ` Ilk E Section 25, DISCONNECTION. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee or any other properly due fee or charge, the Licensee may disconnect the sub- scriber service outlet, provided however, that such disconnection shall not be effected until forty-five (45) days after the due date of said delinquent fee or charge and shall include ten (10) days written notice of the intent to disconnect delivered to the subscriber in question. If a subscriber pays within forty-five (45) days after payment is due and after notice of disconnection has been given, the Licensee shall not disconnect. After discon- nection, upon payment in full of the delinquent fee or charge and the payment of the reconnection charge, a Licensee shall promptly reinstate a subscriber's cable service. Section 26. NON DISCRIMINATION. A. A Licensee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens of the City on the basis of race, color, religion, ancestry, national origin, age, sex, marital status or physical or mental handicap. B. A Licensee shall strictly adhere to the equal employ- ment opportunity requirements of the FCC as expressed in Section 76.13(h) and 76.311 of Chapter I of Title 47 of the Code of Federal Regulations or as subsequently amended. C. A Licensee shall comply at all times with all other applicable federal, state and city laws, and all executive and administrative orders relating to non-discrimination. D. A Licensee shall make a positive effort to hire E racial minorities, women and other protected groups if available and qualified. Section 27. ANTI -TAMPERING - PENALTY. A. It shall be unlawful for any person, firm or cor- poration to do any of the following: (1) Make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a Cable Television System within the City for 25 9223 W the purpose of taking or receiving television signals, radio sig- nals, pictures, programs, or sounds; or (2) Make any unauthorized connection, whether physically, electrically, accoustically, inductively or otherwise, with any part of a Cable Television System within the City for the purpose of enabling himself or others to receive any tele- vision signal, radio signal, picture, program or sound, without payment to the owner of said system; or (3) Willfully tamper with, remove or injure any cable wires or equipment used by a Licensee within the City for distribution of television signals, radio signals, pictures, pro- grams or sound, without the consent of the owner of said system. B. Any person, firm or corporation violating the pro- visions of this section shall upon conviction, be fined not more than five hundred dollars ($500.00), or be imprisoned at hard labor on the streets or other works of the City for not more than sixty (60) days, or shall be both fined and imprisoned. Section 28. CONTINUITY OF SERVICE. A. The Licensee shall provide continuous service to all subscribers in return for payment of the established fee. B. If the Licensee overbuilds, rebuilds, modifies or sells the system, or if the City revokes or fails to renew a license, or if the City elects to purchase the system, the Licen- see shall continue to operate the system until an orderly change of operation is effectuated. In the event the Licensee fails to operate the system for five consecutive days without first ob- 6aining prior approval of the City Commission, the City or its agent may operate the system until such time that a new operator is selected. Section 29. SIGNALS - CHANNELS. A. A Licensee's Cable Television System shall be capable of carrying at least 42 television channels. Initial programming will include all broadcast television stations, satellite programming including special programming, additional television from other parts of the country, national and local news and weather. Further, the Licensee shall make available at 26 9 2, 2 3 'i 2- least one Public Access Channel, two Educational Access Channels, four City Government Access Channels, and one Lease Access Channel. B. Additional channels to be made available as required by the ordinance granting a Cable Television License. Section 30. EMERGENCY OVERRIDE AND ALARM SYSTEMS. A. The Cable Television System shall include an "Emergency Alert" capability which will permit the Mayor or the Mayor's designated representative to remotely override the audio of all channels involved in retransmission of tele- vision broadcast programming or to allow for video crawl over all channels. B. The City may install on the Cable Television System at its expense, without charge by the Licensee, any equipment nec- essary for a fire, police or other alarm system if the equipment conforms to the standards imposed on Licensee and does not inter- fere with operation of the Cable Television System. Section 31. STANDBY POWER. The Cable Television System operator shall maintain equipment capable of providing standby powering for headend transportation and trunk amplifiers for a minimum of two hours. The equipment shall be constructed so as to automatically notify the cable office when it is in operation and to automatically revert to the standby mode when the AC power returns. All utility safety regulations must be followed to prevent a standby generator from powering the "dead" utility line with possible injury to an unwitting lineman. Section 32. INTERCONNECTION. The Licensee may be required to interconnect its system with adjacent and contiguous communi- cations facilities. Such interconnection shall be made within the time limit established by the City. The interconnection shall, at the City's discretion, be accomplished according to the method and technical standards determined by the City. Section 33. TECHNOLOGICAL IMPROVEMENTS TO SYSTEM. At such time as technological advances shall become available to the industry and shall be considered necessary and desirable by the City, the negotiations shall be reopened by the City and the Company to provide the citizens of Miami with the benefit of 27 920Q said technological advances. All updating, expansion or rebuild- ing of the system shall be accomplished so as to preclude inter- ruption of service under this license and shall be subject to the approval of the City Manager. The company shall not add or delete any service without the prior approval of the Commission. Section 34, ANNEXATION. Upon the annexation of any new territory by the City of Miami, the portion of the Cable Tele- vision System that may be located or operated within such terri- tory, and the streets, alleys, or public grounds thereof, shall thereafter be subject to the terms of this Ordinance as though it were an extension made thereunder. Should the annexed area not be served by a Cable Television System, the Licensee shall furnish service to that area within one year after a request has been made for service to that area by the City. Section 35. ANNUAL REPORTS AND AUDITS. A. Not later than sixty (60) days after close of the fiscal year of the Licensee, the Licensee shall submit an annual written report to the City Clerk which shall include the following: (1) A summary of the previous year's activities and development of the system, including but not limited to, services begun or dropped and subscriber gain or loss. (2) Copies of the financial statements audited by a Certified Public Accounting firm including the Licensee's Balance Sheet, Income Statement and working papers relating to subscriber accounts within the City. (3) A current statement of costs of construction. (4) A list of officers and members of the board of directors of the Licensee and the parent corporation, if any. (5) A complete reporting of any ownership of one percent (1%) or more of shares of stock. B. The City shall have the right to inspect all books and records of the Licensee at no cost to the City upon reasonable notice during normal business hours. The City may require the Licensee to make all such records available for audit at one office of the Licensee in Dade County, Florida, and Licensee shall pro- vide space and office facilities, excluding personnel, reasonably 2s 9223 or .. rk I necessary for such audit. Alternatively, Licensee may choose, at its sole option, to pay travel expenses, meals and lodging, and other reasonable expenses of the auditor chosen by the City, to make such inspection and audit at the various offices within the United States or Canada, wherever such records are located. Section 36. FILINGS WITH ANY FEDERAL OR STATE AGENCIES. Copies of all petitions, filings, reports and correspondence filed with any Federal or State Agencies shall be filed concurrently with the City Clerk. Section 37. IDENTIFICATION CARDS. All Cable television employees shall be required to carry an identification card and present same to any subscriber upon request when providing ser- vice to subscribers. Section 38. PENALTIES. For the violation of any of the following provisions of this ordinance and the ordinance grant- ing the license, penalties shall be chargeable to the letter of credit as follows: A. For failure to complete system construction in accordance with Section 11 of this ordinance or the ordinance granting the license, unless the Commission specifically approves the delay by motion or resolution due to the occurrence of con- ditions beyond Licensee's control, Licensee shall pay Two Hundred Dollars ($200.00) per day for each day, or part thereof, if the deficiency continues. B. For failure to provide data, documents, reports, information or to cooperate with the City during an application process or any review of the performance of the Licensee, the Licensee shall pay Fifty Dollars ($50.00) per day for each day the violation occurs or continues. C. Forty-five (45) days following adoption of a reso- lution of the Commission determining a failure of the Licensee to comply with operational or maintenance standards, Licensee shall pay to the City Two Hundred Dollars ($200.00) per day for each day, or part thereof, that such non-compliance continues. D. For failure to provide access channels and the necessary equipment and staff to activate them as provided in the 29 Ok O ordinance granting the license, the Licensee shall pay Two Hundred Dollars ($200.00) per day for each day, or part thereof, that such non-compliance continues. E. For failure to provide in a continuing manner the types of services proposed in the accepted application, the Com- pany shall pay Two Hundred Dollars ($200.00) per day for each day, or part thereof, that each non-compliance continues. Section 39. TERMINATION - CITY'S RIGHT TO ACQUIRE OR TO TRANSFER OWNERSHIP. A. A license may be terminated prior to its expira- tion if the City Commission finds after public hearing held on thirty (30) days notice of such proposed termination, that any of the following has occurred: (1) A Licensee has failed to comply with, or by act or omission, has violated any provision of the License Ordinance except where such failure or violation is a result of circumstances beyond Licensee's control or through excusable neg- lect, and if curable, had been cured prior to the public hearing. For the purpose of this subsection, financial reasons alone shall not be considered a circumstance beyond Licensee's control. (2) Any provision of the license has become in- valid or unenforceable and the City Commission finds that such provision constitutes a consideration material to the grant of authority. (3) Licensee has been adjudicated a bankrupt or an insolvent by a court of competent jurisdiction or has made an assignment for the benefit of creditors. B. Upon termination or expiration, the Licensee, upon notification from the City Manager, shall remove its entire Cable Television System which is visible from the City streets within a reasonable time (not to exceed one year) after expiration or termination and shall restore the premises to substantially the 30 9223 lik same condition as before such removal unless the City elects to acquire the property of the Licensee or unless the City elects to require the transfer of the property of the Licensee in ac- cordance with subsection C of this section. If the Licensee fails to do so, the City shall have the right to remove the property of the Licensee and restore the premises at the Licen- see's expense. C. Upon termination or expiration of any license granted, the City may require the transfer of the Licensee's Cable Television System to the City or its designee upon payment to the Licensee of the fair market value of the Cable Television System as a going concern. The City must serve an official not- ice of its exercise of this option before the grant of authority hereunder expires or is terminated. The Licensee shall transfer to the City or the City's designee, possession and title to all property of the Licensee within the City and the City or its designee shall pay the purchase price within thirty (30) days after expiration or termination through appraisal by the City Commission as set out in this Ordinance. Section 40. PROCEDURE TO CONSIDER LICENSE RENEWALS. A. Not less than thirty-six (36) months before the expiration of any Cable Television License, the City Commission may itself or through the City Manager, review the performance of a Licensee and the content of the Cable Television Ordinance. B. After giving public notice, the City Commission or City Manager shall proceed to determine whether the Licensee has satisfactorily performed its obligations under the license. To determine satisfactory performance, the City Commission or City Manager shall look at the technical developments and per- formance of the system, programming, other services offered, cost of service, and any other particular requirement set forth in the Ordinance such as the availability of programming equip- ment and personnel to aid access channel users. The City Com- mission or City Manager shall also consider the Licensee's annual reports made to the City or the FCC. Provision shall be made for community comment on all areas of performance by the Licensee. 31 9#223 A 4. C. A four month period shall be provided to determine the Licensee's eligibility for renewal. D. The City Manager shall prepare any proposed amend- ments to the License Ordinance. E. The City Manager shall submit recommendations to the City Commission in regard to: (1) Renewal of the license. (2) Changes to the license, and (3) Amendments to the License Ordinance. F. If the City Commission finds the Licensee's per- formance satisfactory, a new license may be granted. G. In the event a Licensee is determined by the City Commission to have performed unsatisfactorily, new applicants may be sought and these applicants evaluated by the City Manager and a license award made by the City Commission according to Cable Television Licensing procedures adopted by the City Com- mission. Section 41. BOARD OF ARBITRATION - HEARING - EXPENSES. A. Any controversy, claim, or dispute as to the determination of Fair Market Value of the Cable Television System as a going concern, as called for under Section 39 C shall be referred to a Board of Arbitration which shall con- sist of one member appointed by the Licensee, one member appointed by the City Commission, and the third member to be a disinterested party appointed by agreement of the other two members. B. Demand for arbitration may be made by the Licensee or the City by written notice sent certified mail, return receipt requested. Notice of demand to the City shall be served on the City Manager. Notice of demand to the City shall be served upon the Licensee corporation by mailing to the address furnished the City by the Licensee. The demand shall state the controversy, claim or dispute of facts. C. Upon the failure of either party to appoint an arbitrator within 15 days of receipt of notice of demand for arbitration, or upon the failure of the two selected arbitrat- ors to select a third arbitrator within 15 days after their 32 9223 rl;� appointment, either party may apply to the American Arbitration Association for the appointment of an arbitrator or arbitrators. A. The Board of Arbitration shall hold a hearing on the controversy, claim or dispute of facts stated in the demand for arbitration, which hearing shall be held within 30 days after appointment of the last arbitrator, and after 15 days notice thereof given to both parties by the arbitrators by certified mail, return receipt requested. The hearing, if not concluded, may be adjourned from time to time. The Board of Arbitration shall consider evidence offered by the parties relevant to the controversy, claim or disputed facts, and may swear witnesses. Testimony shall be taken and transcribed by a court reporter. The record of the hearings, the decision of the Board of Arbitration, and the dissent of any one of them shall be filed with the City Clerk. The decision of the Board of Arbitration may be rendered by any two of them and any one of the arbitra- tors may render a dissent. The decision and dissent must be limited to the controversy or claim and based on findings of fact. The decision of any two of the arbitrators shall be the decision of the Board and shall be final and conclusive on both parties except as may be provided in the rules of the American Arbitration Association. E. Expenses of arbitration, including without limitation, costs of notices and services thereof, fees of arbitrators and witnesses, but not of legal counsel, and the cost of taking and transcribing testimony shall be charged against the party at fault or proportionately between the parties as the Board of Arbitration may deem equitable and just. Section 42. LITIGATION. A. No Licensee shall institute suit against the City seeking either declaratory or injunctive relief with res- pect to the validity of the grant of a license under this Ordi- nance, nor shall any Licensee, if joined in any litigation, seek such relief against the City. 33 922 3 OA a B. Should any Licensee violate subsection A of this Section, the City, at its option, may require the Licensee to remove its equipment from all City streets, rights of way, etc, within thirty (30) days of receipt of notification to remove same. Section 43. ALTERNATE FEE. Should any Court of competent jurisdiction declare that the City has no right to grant Cable Television licenses or should the City be enjoined from collect- ing license fees, Licensee agrees to pay the City a sum equal to five (5) percent of all gross revenues collected by the Licensee as and for an alternate fee, which alternate fee shall not be considered a license fee. Section 44. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is held unconstitutional, void, or invalid, such unconstitutionality or voidance shall not affect the validity of the remainder of the Ordinance. Provided, however, that in the event that the Federal Communications Commission or any court of competent jurisdiction declares any section invalid, such section or sections will be renegotiated by the City and the Licensee. Section 45. CODIFICATION. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of ordinan- ces of the City of Miami, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "Ordinance" may be changed to "Article" or "Section", or to any other appropriate word as the codifier deems proper. PASSED ON FIRST READING BY TITLE ONLY this 30th day of October, 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of December , 1980. Maurice A. Ferre EST: cy M A Y O R CITY CLERK 34 9w 3 PREPARED AND APPROVED BY! or_ or OHN OPE , JR. Assistant City Attorney SS: 35 9223 "SCHEDULE A" TOPICAL INDEX FOR CATV ORDINANCE Page 1 - Section 1. Short Title Page 1 - Section 2. Definitions A. Cable Television System B. Basic Subscriber Service C. Auxiliary Services D. Cablecasting (1) Origination Cablecasting (2) Access Cablecasting (a) Public Access Channel (b) Education Access Channel (c) Local Government Access Channel (d) Special Access Channel (e) Leased Access Channel E. Channel F. City G. City Commission H. City Manager I. Converter J. Federal Communications Commission or FCC K. License L. Licensee M. License Area N. License Authority O. License Entity P. Licensor Q. Gross Revenues R. Public Street S. Subscriber T. Upstream Transmission Path U. Local Education Authorities Page 5 - Section 3. Non -Exclusive License Page 5 - Section 4. Term A. 15 years B. 15 year renewal periods Page 6 - Section 5. License Fee A. Five Percent (5%) of Gross Revenues B. Minimum Quarterly Payment Page 6 - Section 6. Rights Subject to Police Power Page 7 - Section 7. Application Procedures A. Ordinance Grants no operating authority B. Written Application And Fee (1) Applicant General Information (2) List of other related Cable Tele- vision Systems to applicant (3) Description of proposed system (4) Schedule of proposed rates and charges (5) Disclosure of any agreement between applicant and any other person with respect to Ownership, Sale or buy-back (6) Estimate cost of construction (7) Applicant's familiarity with ordinance's provisions and FCC rules (8) Any supplementary information request- ed by License Authority C. Public Hearing and Selection of Successful Applicant D. Full Disclosure of All Agreements by Successful Applicant E. Award of Specific License 9-2!23 Page 9 - Section B. Limitations A. Licensee subject to Licensor's Police Power B. Facilities placed within public ways C. Transfer of License D. Control of Company by any other Party E. Mortgage or Pledge of License F. Transfer of License and City rights G. Transfer of License and Completion of Construction H. City Commission to review transfer of any Cable Television System Page 11 - Section 9. Cable Television System Installation A. Cable Television System interference with Public Ways, Restoration and Maintenance B. Engineering and Safety Consideration C. Within property of License D. Building code and electrical safety ordi- nances E. Maintenance and repair of system F. Cable Television System alteration by City requirement G. Termination of services H. Removal -raising -lowering of wires Page 13 - Section 10. Technical Standards A. National Electric Safety Code and methods of construction B. EIA standards and power construction C. Federal aviation agency regulations and power physical dimensions _ D. Construction marking and lighting of antenna structure = E. Standards of the Occupational Safety and Health Administration and conditions dur- ing construction F. Licensee compliance with FCC regulations G. Licensee compliance with ordinance H. Stray radiation Page 14 - Section 11. Construction Timetable Page 14 - Section 12. Right to Inspect - Page 14 - Section 13. Construction Bond A. $1,000,000.00 Surety Bond = B. Other type of security Page 15 - Section 14. Letter of Credit A. Amount of Letter B. Maintaining Letter C. Withdrawing Money from Letter D. Reservation of Rights E. Endorsement of Letter F. Alternative Form of Security Page 16 - Section 15. Liability -Indemnification -Insurance A. Licensee responsible for damages and legal expenses B. Licensee to indemnify City C. Liability insurance policy D. Automobile Insurance E. Workmen's compensation insurance F. Copies of insurance policies filed with City Clerk 2 9223 Page 17 - Section 16. Continuous Regulatory Control - Amendment -Advisory Board A. City Jurisdiction B. City and License Amendments C. Reevaluation sessions by City Commission D. Cable Television Advisory Board appointed by City Manager, duties Page 18 - Section 17. Regulatory Authority of Licensee Page 19 - Section 18. Free Connections for Public Buildings Page 19 - Section 19. Subscriber Rate Schedule A. Initial rates B. Period Initial Rate Effective C. Charges not included in License Fee D. License refusal to service subscriber E. Advance payment for services F. Waiver of charges Page 20 - Section 20. Changes to Rate Schedule -Procedure - Approval A. Filing petition for change of rates with City Commission B. Public hearing for change rates C. Fair and reasonable criteria for commis- sion decision D. Financial reports required for rate - increase: (1) Balance Sheet (2) Income statement (3) Cash flow statement (4) Statement of sources and application of funds (5) Detailed schedule of expenses (6) Statement of subscribers (7) Documents including sufficient - information E. City access to Licensee's records of - financial transactions Page 21 - Section 21. Quality of Service Page 21 - Section 22. Subscriber's Right Upon Failure — of Service A. 20% rebate for 48 hours interruption - B. 100% rebate for 72 hours interruption C. Service interruption due to Acts of God D. Computing time Page 22 - Section 23. Local Subscriber Service -Complaints A. Licensee Local business office B. Records and investigation of complaints C. Resolution by City Manager of Complaints Page 23 - Section 24. Subscriber Privacy -Use of Data A. Subscriber written authorization B. Subscriber written authorization for the - release of data C. Dissemination of subscriber data, re- quirements: _ (1) Type specification (2) Parties identification D. Copy of released information provided to affected subscriber 3 922 3 P Page 25 - Section 25, Disconnection No Charge, 10 Days Written Notice to Subscriber _- Page 25 - Section 26. Non -Discrimination - A. Against subscribers B. Equal employment opportunity - C. Compliance with non-discrimination laws D. Hiring of minorities _ Page 25 - Section 27. Anti Tampering -Penalty A. Unlawful to: - (1) Unauthorized connection (2) Unauthorized connection without payment (3) Tamper with wires _ B. General penalties Page 26 - Section 28. Continuity of Service A. Licensee to provide continuous service = B. Change of operation Page 26 - Section 29. Signals -Channels A. 42 channels Cable Television System educational and other non-commercial = channel — B. Additional Access Page 27 - Section 30. Emergency Override and Alarm Systems A. Emergency Alert capability B. City installations on Cable Television System Page 27 - Section 31. Standby Power Page 27 - Section 32. Interconnection Page 27 - Section 33. Technical Improvements to System Page 28 - Section 34. Annexation Page 28 - Section 35. Annual Reports and Audits A. To City Clerk and Including (1) Previous year's activities (2) Copies of financial statements - (3) Statement of construction cost (4) List of officers and members of the board (5) Ownership of one percent (1%) or more B. Inspection of Books and Records, etc. Page 29 - Section 36. Filings with Federal Communication Commission _. Page 29 - Section 37. Identification Cards Page 29 - Section 38. Penalties A. Failure to complete system B. Failure to cooperate with the city C. Non -Compliance with standards D. Failure to provide channels — E. Failure to provide services - Page 30 - Section 39. Termination-City's Right to Acquire or Transfer Ownership 4 �22 3 _; A. Public hearing for termination reasons (1) Licensee failure to comply (2) License provision becoming invalid (3) City acquires Cable Television System (4) Bankruptcy or insolvency of Licensee B. Removal of Cable Television System C. Transfer to City by payment to Licensee Page 31 - Section 40. Procedure to consider License Re- newals A. Review of Licensee performance B. City Commission determination of Licensee's performance C. Four month period to determine renewal D. City Manager and License Ordinance Amendments E. City Manager's recommendations in regard to License (1) Renewal (2) Changes (3) Amendments F. Satisfactory performance and new License G. Unsatisfactory performance Page 32 - Section 41. Board of Arbitration A. To determine fair market value of system B. Notice for Demand C. Appointment of Arbitrators D. Hearing E. Expenses of Arbitration Page 33 - Section 42. Litigation A. Relief suit against the City not per- mitted to Licensee B. Violation of subsection "A" and removal - of Licensee's equipment Page 34 - Section 43. Alternate Fee Page 34 - Section 44. Severability Page 34 - Section 45. Codification 5 9223 CITY OF MIAMI• FLORIOA INTER -OFFICE MEMORANDUM TO Mayor and Members December 10, 1980 FILE of the City Commission 5u8:Ec:t Cable Television Regulation Ordinance and Request for Proposals FROM Richard L. Fosmoen REFEREN<_ES City Manager • ENCLOSURES - Changes to the Cable Regulation Ordinance passed on first reading on October 30, 1980, that were requested by the City Commission on November 26, 1980 have been included in the Ordinance being presented for second and final reading. A summary of these changes is attached. Also included for Commission consideration and approval is a second draft of the Request For Proposals to provide Cable Television services to Miami. A summary of those changes is also attached. An important change in the Ordinance would permit the City to receive minimum quarterly payments that would later be credited to future License fee payments that exceed the minimum payment. These payments are tied to .?,ON the Consumer Price Index. Once these two documents have been approved the next step would be to advertise locally and nationally, five local papers and four national Trade Journals will be used. The attached Resolution authorizes the advertisement of this project and sets up $9,000 to be used to pay expenses incurred to date and cover any costs necessary in the proposal process prior to receiving proposals in March. The next step will be to bring to the Commission the names and qualifi- cations of several consultants to assist the Commission in selecting a professional proposal evaluator. All of the City's costs for the entire Cable Television proposal process can be recovered through the required non-refundable bidding fees and from the successful proposer. There are at least 15 Cable Companies that have indicated an interest in bidding on the Miami License. Some are among the largest Cable Companies in the world. While many large cities have received four to five bidders it should be noted that the larger the number of proposals submitted the more difficult it will be to make an evaluation. The attached list shows the Cable Companies that have expressed an interest in the Miami Cable Television License. 922 3 SUMMARY OF CHANGES TO THE CABLE TELEVISION REGULATION ORDINANCE Page 6 - Section 5. LICENSE FEE. A. A Licensee shall pay to the City a sum equal to five percent (5%) of the total gross ammua4 revenues of the Licensee from all searees services in the City which sum shall be paid quarterly as provided in the ordinance granting the license. Licensee shall cooperate with and assist the City in seeking any waivers necessary for obtaining a fee in an amount higher than three percent (3%). The license fee may shall be subject to renegotiation at a higher percentage rate at such time as laws and regulations permit. B. Notwithstanding the above payments required in para ra h, A Licensee shall pay to the Cit_v a minimum quarterly -payment of 125,000, pay able beginning on the effective date of the license and quarterly thereafte as provided in the ordinance granting the license The minimum payment sha be adjusted quarterly o reflect changes in the Consumer Price Index. Such payments hereunder that are in excess of the five percent 5% license fee, as provided for in paragraph A, shall be credited against future license fe payments due to the City by the licensee in excess of the minimum payment. Page 7 - Section 7. APPLICATION PROCEDURES B (5) A full disclosure of all.agreements and understandings, whether written, oral, or implied, between the applicant and any other person with re- spect to the ownership interests, sale of shares and/or buy back provisions (dealing with t 5-proposed5—proposed cable television license.) proposed 44eeRse or the prepesed eab4e to ev4s4eR eperatiep. Page 8 - Section 7. APPLICATION PROCEDURES C. No application for a license shall be acted upon by the City Manager until a publication of intention to award such a license has been authorized by the City Commission soliciting the filing of applications. The City Manager shall then specify a date for a public hearing before the Commission. After a hearing, the City Commission shall select a successful applicant award a 44eeese based upon its findings as to the qualifications of the applicant to render satisfactory Cable Television Service. The 64 y Gemm4ss4emis dee4s4en eR a44 app44ea 4eps sha44 he €4ma4 apd eeRe4us4ye- The City Commission has the right to waive any irregularities in the application or reject all applications. D. Once the successful applicant has been determined, but prior to the adoption of a separate ordinance awarding a specific license, there shall be a full disclosure of all agreements an understandings w et er written or imp led, between the applicant and any other Berson with respect to the primed licensp or TM— propose ca a to evision operation. If any such written agreements exists, Words underlined are new. Words stfuek through are deleted. IPN� a coav thereof shall be provided. E. The City Commission a /_1 awarding a specific license to an a Aitions and proposals for the contt of Cable Television. e0"'1 Page 9 - Section 8. LIMITATIONS. a public cant, whic ion. opera aring shall ordinance s on. reaulat t an ordinance contain con- ons and con D. The company shall promptly notify the City of,any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Company. The word "control" as used herein includes not only major stockholders, General Partners and Limited Partners but also includes actual working control in whatever manner exercised. Every change of control, transfer of control or acqui- sition of control of the Company shall make the icense subject to cancellation unless and until the City shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the qualification of the prospective controlling party, and the Company shall assist the City in any such inquiry. Nothing contained herein shall attempt to limit the transfer of stock of any Licensee whose stock is traded on recognized stock ex- changes and under the control of the Security Exchange Commission or similar bodies. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of five percent 5%of the voting shares of the licensee. E. A mortgage or pledge of the cable system equipment, license, or revenues, or any part thereof, for financing purposes or otherwise, shall be made only with the prior approval of the City Commission and shall be subject and sub- ordinate to the rights of the city under this ordinance or applicable law. F. The consent or approval of the City to any assignment, lease, trans- fer, sublease, or mortgage of any license granted to any Licensee shall not con- stitute a waiver or release of the rights of the City in and to the City streets. G. In the absence of extraordinary circumstances, the City Commission will not approve the assignment of any license by a Licensee prior to completion of construction of the Cable Television System. H. The City Commission reserves the right to review the purchase of any transfer or assignment of any system, and any assignee of any Licensee express- ly agrees that any negotiated sale value which the City Commission deems unreason- able will not be considered in the rate base for any subsequent request for rate increases. Recovery by seller of the costs of construction of the system plus accumulated operating losses to date of sale, if any, shall not be considered an unreasonable sales price. Words underlined are new. Words strvek threagb are deleted. 0' 9M'N 3 C H. Noth€ng herein eenta4ned sha44 be deemed to ;mga;r er affeet the right of the 64ty to asqu4re the property of the h}eensee, e4ther by gdrehase or threNgh the e*ere4se of the right of em4R ent dema4n, at a gr4ee ref4eet4ve of 4ts €a4v market va4ue as an enge}ng eeneern or as etherw*se grev4ded hereon, and neth4ng hereon sha44 be eenstrued to eenst4tute a waiver or bar to the eaere4se of any geyerRmeRta4 right er power of the 64ty. Page 15- Section 14. LETTER OF CREDIT F. In lieu of the letter of credit provided for above, the Ci Commission may approve alternative means of establishing a security func request of the Licensee. Page 22- Section 23. LOCAL SUBSCRIBER SERVICE - COMPLAINTS C. Where subscriber complaints have not been resolved within two (2) business days, as provided in Section 23(A), the City Manager or his designee is empowered, among other things, to adjust, settle or compromise any controversy arising from operations of the Licensee in accordance with the best interest of the public and with due regard to the respective interests of the subscriber and the Licensee. In cases where requests for service have been ignored or unfille or whatever reason, the City Manager shall have the power to compel the Licensee to provide service to all reasonable requests as the City Manager may determine. Provided, that any person aggrieved by a decision of the City Manager may appeal the matter to the City Commission for hearing and determination. The City Com- mission may accept, reject, or modify the decision of the City Manager, and may adjust, settle or compromise any controversy arising from the operations of the Licensee under any license granted pursuant to this ordinance. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission shall be contrary to the provisions of this ordinance or of the license, and neither the City Manager nor the City Commission, in the adjustment, settle- ment, or compromise of any controversy shall have the right or authority to add to, modify, or delete any provision of this ordinance or of the license. Page 23- Section 24. SUBSCRIBER PRIVACY - USE OF DATA. A. The Licensee shall not initiate or use any form, procedure, or device for procuring information or data from subscribers' premises by use of the Cable Television System without prior valid written authorization from each subscriber so affected. Valid authorization shall mean written approval from the subscriber. Said authorization shall not have been obtained from the subscriber as a condition of service. Further, it shall be unlawful for Licensee without such authorization, to activate or utilize any "Upstream Transmission Path" in any manner from the subscribers' premises. In any case the subscriber shall have the Words underlined are new. Words struck through are deleted. right and opportunity to deactivate the return path from the subscribers' premises. Nothing herein contained shall prohibit the company from utilizing the upstream path for billing purposes and to verify the integrity and performance of the Cable /-� System. Page 27- Section 33. TECHNOLOGICAL IMPROVEMENTS TO SYSTEM. At such time as technological advances shall become available to the industry and shall be considered necessary and desirable by the City, the nego- tiations shall be reopened by the City and the Company to provide the citizens of Miami with the benefit of said technological advances. All updating, expansion or rebuilding of the system shall be accomplished so as to preclude interruption of service under this license and shall be subject to the approval of the City Manager. The Company shall not add or delete any service without the prior approval of the Commission. Page 28- Section. 35. ANNUAL REPORTS AND AUDITS. A (5). A complete reporting of any ownership of one percent (1%) or more of shares of stock. Page 30- Section 39. TERMINATION - CITY'S RIGHT TO ACQUIRE OR TO TRANSFER OWNERSHIP. A (9) The My aequ4res the Gable lre;ev4s4en System of a 6*eeRsee upon payment to the 64eeRsee of the €alp market value of the Gable 1<elev4s4eR System as a 9e4RS eeReerR, the €a4r market value to be determ4med by the 61ty Gemm4ss4eR. B. Upon termination or expiration, the Licensee, upon notification from the City Manager, shall remove its entire Cable Television System which is v�1e from the City streets within a reasonable time (not to exceed one year) after expiration or termination and shall restore the premises to substantially the same = condition as before such removal unless the City elects to acquire the property of the Licensee or unless the City elects to require the transfer of the property of the Licensee in accordance with subsection C of this section. If the Licensee fails to do so, the City shall have the right to remove the property of the Licensee and restore the premises at the Licensee's expense. Page 32- Section 41. BOARD OF ARBITRATION - HEARING - EXPENSES. A. Any controversy, claim, or dispute as to the determination of Fair Market Value oT—t7e7able Television 5ystem as a going concern, as called for under e"411 Section 39 C shall consist —of one member apVoi—nted by the Licensee, one member appointed y the City ommission, and -the t ir mem er to be a disinterested party appointed y agreement, of the other two mem ers. Words underlined are new. Words straek through are deleted. B. Demand for arbitration may be made by the Licensee or the City by written notice sent certified mail, return receipt requested. Notice of demand to the City shall be served on the City Manager. Notice of demand to the City shall be served upon the Licensee corporation by mailing to the address furnished the City by the Licensee. The demand shall state the controversy, claim or dis- pute of facts. C. Upon the failure of either party to appoint an arbitrator within 15 days of receipt of notice of demand for arbitration, or upon the failure of the two selected arbitrators to select a third arbitrator within 15 days after their appoint ment, either, party may apply to the American Arbitration Association for the appointment of an arbitrator or arbitrators. D. The Board of Arbitration shall hold a hearing on the controversy, claim or dispute of facts stated in the demand for arbitration, which hearing shall be held within 30 days after appointment of the last arbitrator, and after 15 days notice thereof given to both parties by the arbitrators by certified mail_, return receipt requested. The hearing, if not concluded, may be adjourned from time to time. The Board of Arbitration shall consider evidence offered by the parties relevant to the controversy, claim or disputed facts, and may swear witnesses. Testimony shall be taken and transcribed by a court reporter. The record of the hearings, the decision of the Board of Arbitration, and the dissent of any one of them shall be filed with the City Clerk, The decision of the Board of Arbitration may be rendered by any two of them and any one of the arbitrators may render a dissent. The decision and dissent must be limited to the controversy or claim and based on findings of fact. The decision of any two of the arbitra- tors shall be the decision of the Board and shall be final and conclusive on both parties except as may be provided in the rules of the American Arbitration Association. E. Expenses of arbitration, including without limitation, costs of notices and services thereof, fees of arbitrators and witnesses, but not of legal counsel, and the cost of taking and transcribing testimony shall be charged against the party at fault or proportionately between the parties as the Board of Arbitra- tion may deem equitable and just. Page 33- Section 42. LITIGATION. A. No Licensee shall institute suit against the City seeking either declaratory or injunctive relief with respect to the validity of the grant of a license under this Ordinance, nor shall any Licensee, if joined in any litigation, seek such relief against the City. B. Should any Licensee violate subsection A of this Section, the City, at its option, may require the Licensee to remove its equipment from all City streets, rights of way, etc. within thirty (30) days of receipt of notification to remove same. Words underlined are new. Words strue k through are deleted. Page 34- Section 43. ALTERNATE FEE. Should any Court of competent jurisdiction declare that the City has no /-` right to grant Cable Television licenses or should the City be enjoined from col- lecting license fees, Licensee agrees to pay the City a sum equal to five (5) percent of all gross revenues collected by the Licensee as and for an alternate fee, which alternate fee shall not be considered a license fee. rN Page 34- Section 44. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is held unconstitutional, void, or invalid, such unconstitutionality or voidance shall not affect the validity of the remainder of the Ordinance. Provided, however, that in the event that the Federal Communications Commission or any -court of competent jurisdiction declares any section invalid, such section or sections will be renegotiated by the City and the Licensee. Page 34- Section 45. CODIFICATION. It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "Ordinance" may be changed to "Article",`or "Section", or to any other appropriate word as the codi- fier deems proper. 9223 SUMMARY OF CHANGES TO THE REQUEST -FOR PROPOSALS FOR CABLE TELEVISION as of 12/9/80 Page 3 - UNIFORM DATA REQUIREMENT. Delete last sentence of second paragraph "Te fae444tate eempar4sen a44 app44eaRts Riust ea4eu4ate est4mated aer4a4 eah4e p4ant m44es as 99 pereent of street m44es. Fa44ure to de se w*44 he eens4dered grounds far d4sgua44fy4ng an app44eat4aR €rem eens4derat4eR far the €raneh4se." This language was taken from another city's proposal document and does not relate to the Miami situation - consultant recommends. Page 9 - BIDDING REQUIREMENTS. Delete Section 4 "System des4gn and eeRstruet4on se that a netwerk(s) serv4ng res4dent4a4 and 4n9t{tut}ena4 users w444 aeeemmedate 4nteraet4ye data eeFAFfleR4eat4ens, and that the teta4 network transm4ss4en tome w444 he less than "e tenth of a second" This language was used in another Request For Proposals and refers to a technical requirement not necessary to use in Miami's specification - consul- , tant recommends. Page 10- ADDITIONAL SYSTEM GUIDELINES Add Section 9 "Rebroadcast of South American Television Programming on special channels" This guideline was discussed at a Commission Workshop and recognizes the special relationship Miami has with South American visitors. Page 12- EVALUATION CRITERIA AND PRIORITIES Add Financial Criteria to list of Criteria on which applicants will be judged. This was requested by one of the interested cable companies by letter. Page 12- EVALUATION CRITERIA AND PRIORITIES Delete Section 4 "Bemenstrate the systems eapab};4ty w}th eemputer pregrammed ;earn4Rg and 4R€ermat4eR egu#pmeRt" This was a concern of another city that does not affect the Miami proposal. Consultant recommends. Page 14- UNIFORM DATA FOR THE CITY OF MIAMI Add demographic and physical data to provide a uniform data base for each company to use in preparing their proposal. Words strdek threugh are deleted. enlk ?ON. Page 1S- Add a map of Miami, divided into common general neighborhood areas, showing proposers geographic areas boundaries that may be useful in deter- mining construction areas. Page 16- Add a listing and location sketch of City, County School Board, State and Federal Facilities. This listing will be used in designing an Insti- tutional Cable that can connect these facilities with commercial business in Miami. Page 33- SUCCESSFUL APPLICANT EXPENSE DISCLOSURE Provides for successful applicant only to list expenses incurred in seeking the Miami License. Page 34- SUCCESSFUL APPLICANT PERSONNEL Provides for successful applicant only to list persons who have been autho- rized to speak on behalf of the app scant in securing the license. APPENDIX I: OFFICIAL APPLICATION FORMS: FORM A: Page 4 of 4: OWNERSHIP DISCLOSURE Add "THE SUCCESSFUL" as the first two 2 words on line one of paragraph one. This change would require that only the successful applicant chosen by the City Commission to provide cable television service, rather than all applicants, must provide the disclosure of ownership information requested on page 4 of appendix I: Form A. 9223 CABLE TELEVISION COMPANIES INTERESTED IN BIDDING ON MIAMI CABLE TV 1. Name: Americable Address: South Dade - Homestead etc. 20800 S,W. 167 Ave. Miami, Fla, 33187 P.O. Box 859 2. Name: Cablecom - General RKO Address: 8800 E. Arapahoe Rd Englewood, Colo. 80112 3. Name: Cables stems of Miami Canadian Ca lesystem Ltd.) Address: 1460 Brickell Ave. Suite 300 Miami, Fla. 33133 4. Name: Central Telephone Company Address: P.O. Box 2308 Hickory, North Carolina 28601 Name: Central Communications Subsidiary of Central Telephone Company Address: O'Hare Plaza 5725 East River Road Chicago, ILL 60631 5. Name: Dade Cable Television Inc. So. Central Da a County Address: 12232 S.W. 114 Place Miami, Fla. 33176 6. Name: Dynamic Cablevision Colony Communi'c t ns Inc.) Address: 75 Fountain Street Providence, R.I. 02902 7. Name: Storer Cable TV N. Dade - Broward etc. Address: Local - 3000 North 29th Court P.O. Box A4437 Hollywood Fla. 33020 Name: Storer Cable TV Address: One Storer Ave. Thousand Oak, Calif. 91360 8. Name: Tele-Communications, Inc. Los Angeles, Denver, Address: Cali Box 22595 Wellshire Station Denver, Colo. 80222 9. Name: Ultra Com of Dade Count East & Central Dade County Address: Box 552 Landsdale Pa. 19446 10. Name: United Cable Television Corp. Denver, Colo. Address: 4700 South Syracuse Parkway Denver, Colorado 80237 11. Name: Viacom Communications Address: 1211 Ave of the Americas New York 10036 12. Name: Vision Cable Address: 110 East 59 Street New York, New York, 10022 13. Name: Warner Amex Cable Comm. Inc. Columbus Qube etc. Address: 75 Rockefeller Plaza New York 10019 14. Name: Six Star Neilson Cablevision Address: 3250 Wilshire Blvd. Suite 607 Los Angeles, Calif. 90010 15. Name: Robert Laughead, Esq. Address: City Attorney Office Room 206 City Hall San Franchisco, Calif. 94102 Physical Address 5455 South Valentia Way Englewood, Colo. 80111 - Prepared by: _ Clark Merrill .9223 Office of IGA October 22, 1980 Revised: October 30. 1980 CITY OF MIAMI Date TO v FROM Please note and see me t-'For your information tT4 `Pleas te and return to me `Please -note Immediate action or yo;i-review and jaPRI -- oval Please answer, with copy o Olease give me'youf coalments to me _Please follow through Remarks: 0-1 5 ItAf .00 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 Dianne Stuver, who on oath says that she Is the Assistant to the Publisher of the Miami Review and Deily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of CITY OF MIAMI Re: Ordinance 9223 in the I X X .X I I _ _._....... I.... Court, was published in said newspaper In the issues of December 22, 1980 AHiant further says that the said Miami Review and Deily Record 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 ad- vertisement; and affiant further says that has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. - ``tt11r11111Ny��� S# 1%4d !u b Nglore me this 22�yo1���,��er...�iA 1ss� ......... -X • rTfLffcetpepiloi•1de ,et. • .cr (SEAL) ; ��..••. •••° C?,: -,'r< ••• My Commission expifp)•1 • r,��tiJ� EXCEPTIONS, MASSAGE SALONS ANO EATH PARLORS OR ANY SIMILAR TYPE 6USINES x!(H{1N SPECIFIED PHYSICAL CONTACT IS PROVIDE ' RECIPIENT OF SERVICES BY PERSONS OF THE - OSITE SEX AND WHICH ALSO PROHIBITS UNDER COTAIN CONOITI S ANY BUSINESS WHICH FEATURES ADULT PRIVATE DANCING EXHIBITIONS WITH BOTH OF THE ABOVE PROHIBITED BUSINESS ACTIVITIES, WHICH ARE CURRENTLY IN EXISTENCE, BECOMING UNLAWFUL AFTER SIX (6) MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; BY AMENDING SECTION 31.26 TO INCLUDE A SPECIFIC PENALTY PROVISION; BY REPEAL OF SECTION 31.211 AND SUBSTITUTING A NEW SECTION 31-28 TO PROVIDE FOR LICENSING PROCEDURES INCLUDING GROUNDS FOR DENIAL OF SAID LICENSES; BY AMENDING SECTION 31.30 TO PROVIDE FOR AN AUTOMATIC SUSPENSION OF A LICENSE UPON FAILURE OF THE HOLDER OF SAID LICENSE TO DISPLAY THE SAME TO ANY POLICE DEPARTMENT PERSONNEL OR OTHER CITY OFFICIAL; BY AMENDING SECTION 31.33 TO PROVIDE FOR THE IMPOSITION OF THE PENALTY SPECIFICALLY PROVIDED IN CODE SECTION 31-28; BY REPEAL OF SECTION 31.37 AND SUBSTITUTING A NEW SECTION 31.37 TO ESTABLISH GROUNDS AND PROCEDURES FOR REVOCATION AND SUSPENSION OF LICENSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. • ORDINANCE NO. 9112 AN ORDINANCE AMENDING SECTION 62-62 ENTITLED: "REQUEST FOR REVIEW" OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, BY PROVIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS RESCHEDULED BEFORE THE CITY COMMISSION BASED ON THE ORIGINAL APPLICATION FEE, NOT TO EXCEED FIVE HUNDRED DOLLARS (000.00), SUCH FEE TO BE PAID BY APPLICANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9213 AN EMERGENCY ORDINANCE AMENDING SECTIONS 35- 91, 35-92, AND 35.93OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET PARKING LOTS AND DELETING FROM SAID RATE SCHEDULE CERTAIN OF SAID LOTS NO LONGER IN OPERATION; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES AND DELETING PARKING GARAGE NO. 2 (WHICH IS NO LONGER IN OPERATION) FROM SAID RATE SCHEDULE; PROVIDING FOR THE EFFECTIVE DATE OF JANUARY 1, 1981 FOR SAID RATES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO 13E FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9214 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING OF E100' OF NWI/A LESS S1ST AND LESS E100' OF LOT 10, BLOCK 2; EDWARD PENT HOMESTEAD (A-45), BEING APPROXIMATELY2956 BIRD AVENUE, FROM R-2 (TWO FAMILY) TO R-3A (LOW DENSITY APARTMENT), AND BY MAKING ALL THE NECESSARY CHANGES IN THE -ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE Ili, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9215 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 7 LESS W10' THEREOF AND ALL OF LOTS 8 THRU 14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND 60N SUB (1.185), BEING 600 BISCAYNE BOULEVARD, AS FOLLOWS: LOT 14, FROM C-2 (COMMUNITY COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7 THRU 13, FROM C-4 (GENERAL COMMERCIAL) TO C•3 (CENTRAL COMMERCIAL), AND BY MAKING THE. NECESSARY CHANGES IN THE ZONING DISTRICT MAP - MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES COM SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9216 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (8.105), BEING 676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C•4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6671, BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A -SEVERABILITY CLAUSE. ORDINANCE NO. 9217 DINANCE NO. 6871, AS 100WAN10E NO. "It AN EMERGENCY ORDINANCE AMENDING S�tt1tlNS St AND S OF ORDINANCE NO. 911), ADOPTED OVOER -, 1980, THE ANNUAL APPROPRIATIONS_ORDINAA ODI>i THE FISCAL YEAR ENDING SEPTEMBER it 1"It BY APPROPRIATING FROM THE BUILDING AND VEMW! MAINTENANCE bEPARtMENT, MOT`011 POOL,_ MAINTENANCE DIVISION, FY'lO RETAINED1108*616 AN AMOUNT REVENUES OIN ST HSAME , INCREASINGAMOUNfi 10 SE APPROPRIATED INTO THE MOTOR .POOL MAINTENANCE DIVISION TO. PROVIDE' SUPPLEMENTARY FUNDING FOR THE BURCHASE OF MOTOR POOL REPLACEMENT VEHICLES; CONTAINING - A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. OM AN EMERGENCY ORDINANCE AMENDING SECTION 160 I ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 198Q THE.`:( ANNUAL APPROPRIATIONS ORDINANCE FOR THE b_ FISCAL YEAR ENDING SEPTEMBER 30, 1981, ASS AMENDED; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, POLICE DEPARTMENT IN fiHE" - AMOUNT OF 175,000; B/V DECREASING'THE APPROPRIATION FOR'THE GENERAL FUND, SPECIAL . - PROGRAMS AND ACCOUNTS, PUBLIC SAFETY FUND, IN THE SAME AMOUNT; FOR THE PURPOSE OF FUNDING THE REPLACEMENT- OF SEVENTY (70) POLICE VEHICLES AND THE PURCHASE OF THIRTY-THREE 113311_-, NEW POLICE VEHICLES; CONTAINING A REPEALER; PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9211 AN EMERGENCY ORDINANCE AMENDING SECTIONSA.-. AND 5 OF ORDINANCE;NO. 9179, ADOPTED OCTOBER 3, Y ' 1980, THE ANNUAL APPROPRIATIONS ORDINANCE FOR, �< THE FISCAL YEAR ENDING SEPTEMBER 30, 1I"V1A ,7! -, AMENDED; BY INCREASING THE APPROPRIATION FOR; THE GENERAL FUND, HUMAN RESOURCES: DEPARTMENT BY S9,236; DECREASING THE GENERAL - FUND, SPECIAL PROGRAMS AND.A000UNTS,; CONTINGENT FUND, BY 14,081; INCREASING GENERAYEL.'w'. FUND REVENUES, MISCELLANEOUS REVENUES, B. $5,155; TO PROVIDE FOR BUILDING REPAIRS. AND' = EQUIPMENT REPLACEMENT REQUIRED AS A RESULT,;',=,$ OF BURGLARIES IN THE HUMAN RESOURCES' - DEPARTMENT; CONTAINING A REPEALER PROVISION,;", - AND A SEVERABILITY CLAUSE. - ORDINANCE NO. 9222 AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF, ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 19W,.THE:`".- ANNUAL' APPROPRIATIONS ORDINANCE FOR 'THE_' FISCAL YEAR ENDING SEPTEMBER 30; AMENDED; BY INCREASING THE APPROPRIATION FOR'_"' - THE GENERAL FUND, PLANNING DEPARTMENT, IN'.' THE AMOUNT OF $22,689; BY. DECREASING .THE.;.i,. APPROPRIATION FOR THE GENERWFUND, SPECIAL_`: PROGRAMS AND ACCOUNTS, CONTINGENT -FUND, IN, 11 THE SAME AMOUNT, FOR THE PURPOSE OF -FUNDING'- " TWO (2) NEW POSITIONS IN THE PLANNING;a DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. n ORDINANCE NO. 9223 AN ORDINANCE PROVIDING`FORTHE. .CONSTRUCTION;: OPERATION, REGULATION AND CONTROL'OF CABLE':''° TELEVISION SYSTEMS WITHIN;THE: MUNICIPAL..' BOUNDARIES OF THE CITY OF MIAMI, ORDINANCE NO.9224 ' AN ORDINANCE, CREATING A --CODE ENFORCEMENT BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS .: OF OFFICE, ORGANIZATION, ENFORCEMENT PROCEDURES, HEARINGS, POWERS OF THE BOARD,,-,-,,,, PENALTIES, METHOD OF APPEAL; FURTHER._, CONTAINING A REPEALER PROVISION AND A'', SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. ORDINANCE NO. 9215 ; AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE`,;;,'. NO. 6719, ADOPTED OCTOBER 26, 1977', THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMEN OEQ::{ BY ESTABLISHING TWO (2) NEW TRUST AGENCY FUNDS ENTITLED: "COMPREHENSIVE MIAMI-DADE,TRAFFIC ;;. SAFETY PLAN" AND "MOTORCYCLE RIDER COURSE"# ;' APPROPRIATING FUNDS FOR THE OPERATION OF SAID. _ f TRUST AND AGENCY FUNDS IN THE AMOUNTS OF S17r4A AND S10,290; CONTAINING A REPEALER PROVI"D SEVERABILITY CLAUSE; AND DISPENSING WI'tH fiHE'r{;~ REQUIREMENT OF READING SAME ON TWO SEPARATE :. DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. ORDINANCE NO, "N AN ORDINANCE AMENDING SECTION 404M ENTi%ED. "DEFINITIONS" AND SECTION 40-207 ENTITLED "BENEFITS" OF DIVISION 2 ENTITLED "MIAMI CITY . EMPLOYEESf RETIREMENT SYSTEM" OF CHAPTER 44'- ENTITLED "PERSONNEL" OF THE CODE OF THE CITY OF MIAMI, FLORIDA OW), AS A ARN09M PY 09"TING FROM SAID SECTION 40.W Tj4E PROVISION WHICH,, EXCLUDED LABORERS. WAY i HNlEN AND C T WORKERS FROM MEME5I!R<NIQ .■. and Miaml, Dade County. Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianne Stuver, 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 Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of CITY OF MIAMI Re: Ordinance 9223 In the _ X 11 X. .X.. Court, was published In said newspaper in the Issues of December 22, 1980 AHlent further says that the said Miami Review and Deily Record 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 mall 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 ad- vertisement; and afflant further says that has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. N LPL I� r "A �........ `1t11111rnr►ryrrr� 3�d�itt�aiid !: b b�,r,41`ore me this r' L� 22 BtC41 i .rup)Ittep�Flor�deyet U 1 - (SEAL) ; ���. •• •• ° ��,� My Commission expiiq� 3spt. •61�191 • • ri LOrtitlA �' ., ���r� I►t►It��1t SE 7 MR-104 w LEGAL NOTICE All interested will take notice that on the 17th day of December, 1910, the City Commission of Miami, Florida pdopted the following titled ordinances;: ORDINANCE NO. 9211 AN EMERGENCY ORDINANCE AMENDING 09CTiONS 31- 1, 31-26, 31.21L 31-30, 31.33, AND M-37 OF.. l!TBA 31 ENTITLED "LICENSES, MISCELLANE�ySIME¢S REGULATIONS" OF THE CODE OF T410 CITY SDP MIAMI, FLORIDA (1900), AS AMENDED, ,1N.:'1161111 Fp4 LQINING To SECTION 31.11 WH CHING PROHIBIT iUI E TO'BCERTAIN DEPARTMENT PERSONNEL OR OTHER CITY OFFICIAL; BY AMENDING SECTION 31.33 TO PROVIDE FOR THE IMPOSITION OF THE PENALTY SPECIFICALLY PROVIDED IN CODE SECTION 31.29; BY REPEAL OF SECTION 31.37 AND SUBSTITUTING A NEW SECTION 31.37 TO ESTABLISH GROUNDS AND PROCEDURES FOR REVOCATION AND SUSPENSION OF LICENSES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9212 AN ORDINANCE AMENDING SECTION 62.62 ENTITLED: "REQUEST FOR REVIEW" OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1900), AS AMENDED, BY PROVIDING FOR A RESCHEDULING FEE FOR ZONING ITEMS RESCHEDULED BEFORE THE CITY COMMISSION BASEb ON THE ORIGINAL APPLICATION FEE, NOT TO EXCEED FIVE HUNDRED DOLLARS 0500.00), SUCH FEE TO BE PAID BY APPLICANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9213 AN EMERGENCY ORDINANCE AMENDING SECTIONS 35- 91, 35-92, AND 35.93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED, ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS AND CERTAIN OFF-STREET PARKING LOTS AND DELETING FROM SAID RATE SCHEDULE CERTAIN OF SAIDLOTS NO LONGER IN OPERATION; ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES AND DELETING PARKING GARAGE NO. 2 (WHICH IS NO LONGER IN OPERATION) FROM SAID RATE SCHEDULE; PROVIDING FOR THE EFFECTIVE DATE OF JANUARY 1, 1981 FOR SAID RATES; RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9214 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING OF E100' OF NWIA LESS S153' AND LESS E100' OF LOT 10, BLOCK 2; EDWARD PENT HOMESTEAD (A-45), BEING APPROXIMATELY 2956 BIRD AVENUE, FROM R-2 (TWO FAMILY) TO R-3A (LOW DENSITY APARTMENT), AND BY MAKING ALL .THE NECESSARY- CHANGES IN THE -ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9215 AN ORDINANCE AMENDING ORDINANCE NO. 1i871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF. MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 7 LESS W10' THEREOF AND ALL OF LOTS 8 THRU 14 INCLUSIVE; BLOCK 60N; MIAMI SOUTH HALF 59N AND 60N SUB (1.185), BEING 600 BISCAYNE BOULEVARD, AS FOLLOWS: LOT 14, FROM C-2 (COMMUNITY COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), LOTS 7 THRU 13, FROM C-4 (GENERAL COMMERCIAL) TO C-3 (CENTRAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2THEREOF; BY REPEALING ALLORDINANCES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9216 AN ORDINANCE AMENDING ORDINANCE NO. 6671, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD (5.105), BEING 676 NORTHWEST 27TH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE I11, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO, 9217 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHE'N31 FOR THE CITY OF MIAMI, BY ADDING A' NEW PARAGRAPH (G) TO SUB -SECTION (6) OF SECTION 1, ARTICLE X - HIGH DENSITY MULTIPLE R-5 DISTRICT, TO ALLOW CONVALESCENT HOMES AND NURSING HOMES UPON "CONDITIONAL USE" APPROVAL; BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. - ORDINANCE NO.9710 AN ORDINANCE AMENDING ORDINANCE NO. 607, .THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY DELETING SUI3,-SECTION (6-A) OF SECTION Y AND ADDING A NEW PARAGRAPH (f) TO SUB -SECTION (8), SECTION 2, ARTICLE XV -- CENTRAL COMMEACIAL C-3 DISTRICT TO ALLOW AUTOMOBILE RENTAL AGENCIES UPON "CONDITIONAL USE" APPROVAL RATHER THAN AS A PERMITTED USE AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6071, BY REFERENCE AND DESCRIPTION IN ARTICLE ill, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN y CONFLICT AND CONTAINING A SEVERA11114,.ITY CI,•Ai _ 1, . AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. tilt, ADOPTED OCTOBER 3, 1480, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENCJING SEPTEMBER 30, 1911, AS AMENDED; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, POLICE DEPARTMENT IN ,THE _ AMOUNT OF $75,000; BY DECREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, PUBLIC SAFETY FUND, IN THE SAME AMOUNT; FOR THE PURPOSE OF FUNDING THE REPLACEMENT OF SEVENTY (70) POLICE VEHICLES AND THE PURCHASE OF THIRTY-THREE (33) NEW POLICE VEHICLES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9221 AN EMERGENCY ORDINANCE AMENDING SECTIO145 1 . AND 5 OF ORDINANCEA0. 9174, ADOP'ti:D 006111EN 1, 1980, THE ANNUAL APPROPRIATIONS iSRI;?INA IttE I=DR :. THE FISCAL YEAR 11.01NG,,6EPftA�1ERSt..'$�'.i91:'A%yr AMENDED; BY INCRE/ MND THE APiF1 THE GENERAL FUND + "04UIIIIA�I; � 1� DEPARTMENT BY 119,W DIMNEASM': �rNO FUND, SPECIAL PAOORAME_,>')ili. At CONTINGENT FUND, a 54 I" I"ell FUND REVENUES, M16CEI.LANEiiS $5,155; TO PROVIDE C+R'BU14,Qi(�isi' iK i "iV EQUIPMENT REPLACEMENT REQUIrt OF BURGLARIES IN; THE NUMAN+'11-911 �lIt lE DEPARTMENT; CONTAINING'A'REPEALER P.16iCENa AND A SEVERABILITY CLAUSE. t ORDINANCE NO. 9223 , `r AtJEMERGENCYORDNANCEA611NDIN0SECTION1 E. .ORDINANCE NO. 9179, ADOPTED OCTOBER 3,.19f1d,'L'MIE E F ANNUAL' APPROPRIATIONS ORDINANCOR 'THIE FISCAL YEAR ENDING SEPTEMBER 3W: 1911v:A%° =T AMENDED; BY INCREASING THE APPROPRIATION FOR %5- THE GENERAL FUND; PLANNING DEPARTMENT, IN THE AMOUNT OF $22,689. BY DECREASING- TNE. +-,= APPROPRIATION FOR THE GENERAL'FUND, SPECIAL;". PROGRAMS AND ACCOUNTS, CONTINGENT FUND,` iN­ - - THE SAME AMOUNT, FOR THE PURPOSE OF -FUNDING TWO (2) NEW POSITIONS IN THE PLAN NI-NI`s DEPARTMENT; CONTAINING A REPEALER PROVISION_;* AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9223 AN ORDINANCE PROVIDING FOR THI= CONSTRUCTION~::', OPERATION, REGULATION AND CONTROL OF CABLE!-- - TELEVISION SYSTEMS WITHIN THE, MUNICIPAL BOUNDARIES OF THE CITY OF MIAMI. ORDINANCE NO. 9224 ' AN OROiNANCE,CREATING A•CODE ENFORCEMENT. - BOARD IN THE CITY OF MIAMI, PROVIDING FOR TERMS` - OF OFFICE, ORGANIZATION, ENFORCEMENT:-"— PROCEDURES, HEARINGS, POWERS OF THE BOARD,:'1'T PENALTIES, METHOD OF APPEAL; FURTHER:-,-• CONTAINING A REPEALER PROVISION ANb"A r SEVERABILITY CLAUSE AND DISPENSING WITH.THE','.�- REQUIREMENT OF READING SAME ON TWO.SEPAR0 DAYS BY A VOTE OF NOT LESS THAN FOURd=IFTHSOF•"r THE MEMBERS OF THE COMMISSION. ORDINANCE NO. 9225 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE:":` NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMAWY L GRANT APPROPRIATIONS ORDINANCE, AS AMENDED;'-'.f BY ESTABLISHING TWO (2) NEW TRUSTAGENCY FUNDS.;,'i; ENTITLED: "COMPREHENSIVE MIAMI-DADE TRAFFIC::-:;: SAFETY PLAN" AND "MOTORCYCLE RIDERCOURSE'.'-`,=' APPROPRIATING FUNDS FOR THE OPERATION OFISAI�:.`:-y TRUST AND AGENCY FUNDS IN THE AMOUNTS OF 517,06MI AND $10,290; CONTAINING A REPEALER PROVISION #ND , SEVERABILITY CLAUSE; AND DISPENSING WRH`THE :y O REQUIREMENT OF READING SAME ON TWSEPARATIc`}< DAYS BY A VOTE OF NOT LESS THAN FOUR+IFTHS OF?' THE MEMBERS OF THE COMMISSION. ORDINANCE NO. Mill' AN ORDINANCE AMENDING SECTION 40M''ENT(TI,ED;,; "DEFINITIONS" AND SECTION 40.207 ENTITLED,";,;' "BENEFITS" OF DIVISION 2 ENTITLED "MIAMI CITY..'i ' EMPLOYEES" RETIREMENT SYSTEM'; OF CHAPTER'40`; :. ENTITLED "PERSONNEL" OF THE CODE.OF THE CITY;^ OF MIAMI, FLORIDA 0980), AS AMENDED, BY DELETING;; FROM SAID SECTION 40.200 THE -'PROVISION WHICH.` EXCLUDED LABORERS, WATCHMEN AND CUSTODIAL::'" WORKERS FROM MEMBERSHIP IN SAID SYSTEM AND' BY ADDING A SUBSECTION IN SAID SECTION 40-207 TO , 1955 AND SEPTEMMIE 01 1�l SYSTEM OR IN THE I. �,, PLAN (ESTABLISHED YA"9 1956) BY REASON OF SUCH MEMBER'SEMPLOY MENTAS A LABORER, WATCHMAN, OR CUSTODIAL WORKER, CAN RECEIVE MEMBERSHIP CREDIT FOR THE TIME THE. „4 MEMBER WAS EMPLOYED IN THE $A CApACITI BETWEEN THE FORRGOING DATE$;,,CONT. G REPEALER PROVISION AND A SEVERAB)LIT. AND DISPENSING WIT" THE. QU N READING SAME ON 2 6EPA1t�,T . NOT LESS THAN FOUR. THE COMMISSION.