Loading...
Ordinance 79-2172ORDINANCE NO. 79-2172 AN ORDINANCE AWARDING A NON-EXCLUSIVE CATV LICENSE TO ULTRACOM OF DADE COUNTY, INC. FOR A PERIOD OF 15 YEARS WITH A 10 - YEAR EXTENSION OPTION SUBJECT TO APPROVAL OF THE ELECTORATE. WHEREAS, Ultracom of Dade County, Inc., has applied for and received a non-exclusive franchise from Dade County, Florida, for the operation of a CATV System within an area which includes the City of Miami Beach; and WHEREAS, Ultracom of Dade County, Inc. has applied for a license from the City of Miami Beach pursuant to Ordi- nance No. 79-2164 of the City Code; and WHEREAS, the City Commission finds that a community antenna television system hereinafter referred to as a CATV, will be beneficial to the community and will not impair the health, safety and welfare of the citizens of Miami Beach; and WHEREAS, the CATV system which Ultracom has proposed to operate within the City of Miami Beach will be beneficial to the community and will not impair the health, welfare and safety of the citizens of Miami Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That there is hereby granted to Ultracom of Dade County, Inc., hereinafter called the grantee, licensee, or Ultracom, its successors and assigns a non-exclusive license pursuant to the terms of Ordinance No. 79-2164 to construct, operate and maintain a CATV system as same is defined in said Ordinance, including the right to construct, operate and maintain lines and equipment, including necessary poles, fixtures, conduit, cables, manholes and electrical conductors upon, along, under and over the present or future public roads, streets, alleys, highways, waterways, bridges, easements or other public places of the City of Miami Beach as its business may from time to time require, provided that all of the foregoing shall be installed and maintained in conformance with Ordinance No. 79-2164 of the City of Miami Beach and provided, further, that nothing contained herein shall prohibit the grantee from leasing all or a portion of the facilities of any other City of Miami Beach franchise holder. SECTION 2: Nothing in this Ordinance shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets. SECTION 3: The term of the license granted hereunder shall commence from and after the 7th day of November, 1979, and be for a period of 15 years thereafter and may upon application of the grantee be renewed for one additional 10 -year period by the City Commission, without a further referendum, upon compliance with Section 4 of Ordinance No. 79-2164. In consider- ation of the rights and privileges herein granted, the Company shall pay to the City the sums provided in Ordinance No. 79-2164 and at the times specified therein. SECTIon 4: The City hereby reserves the right and requires the grantee as a condition precedent to the taking effect of the right of the license herein granted to give and grant to the City the right, upon the expiration of OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 the initial term of this license, or any extended term thereof for which this license is granted, to purchase that portion of the CATV system and other property located upon, along, over and under the public roads, streets, alleys and rights-of-way within the corporate limits of the City which is used under, or in connection with, the license or rights hereby granted, in whole or in part, as the City may desire to purchase. In such event the purchase price shall be the current reproduction cost, new, less accumulated depreciation. If the City desires to exercise its option to acquire any portion of the grantees property, it shall give the grantee notice of its intention to purchase at or before the expiration of the term or extended term of this license and it shall have no more than two years following the expiration of the term to consummate the purchase of such property, provided, however, that during said two-year period or any part thereof the licensee may continue to operate its system as though its license were in effect open payment of the fees provided by ordinance. The City and the grantee also hereby reserve all powers of eminent domain which the City may have under its present charter or the City or the Company may have under the general laws or the Constitution of the State of Florida. The grantee shall maintain in effect the insurance specified in the attached Exhibit A or such other insurance as the City Manager may from time to time in his reasonable discre- tion specify, provided that the grantee may appeal the decision of the Manager to the City Commission. SECTION 5: Upon passage of this ordinance the grantee may commence construction of its CATV System provided that it shall have no right to commence service to the public unless and until this ordinance has been approved in accordance with law. By the commencing of construction pursuant to this Section the grantee agrees that in the event this ordinance shall not be approved by the voters as aforesaid, it shall expeditiously remove any and all property installed by it and shall restore all streets, sidewalks, rights-of-way and other facilities owned by the City of Miami Beach to their original condition prior to the commencement of construction, and the Company further agrees that any construction undertaken by it prior to the approval of this ordinance by the voters is done at its own risk. The Company further covenants that it will save and hold the City harmless for any of its actions taken prior to said time and further covenants not to sue the City for any of its cost and expenses connected with the undertakings herein mentioned. Any construction pursuant to this section shall be done in compliance with all terms of Ordinance No. 79-2164. SECTION 6: That the grantee shall file with the City Clerk of the City of Miami Beach its acceptance of this ordinance and the provisions thereof and of Ordinance No. 79-2164 prior to commencing construction or within 30 days after the date of the election approving this Ordinance, whichever is earlier. SECTION 7: That all provisions contained in this Ordinance shall extend to and be obligatory upon the successors and assigns of the City and the licensee. SECTION 8: This Ordinance shall go into effect upon its passage in accordance with law but the licensee shall obtain no rights to a license unless and until the ordinance is approved at a special election to be called to submit this license to the electorate for approval pursuant to Section 26 of the City Charter. -2- OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 SECTION 9: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed except that nothing contained herein shall be deemed to limit the obligations or rights of the grantee or the City pursuant to Ordinance No. 79-2164 nor shall anything in this ordinance or Ordinance No. 79-2164 be deemed to limit the City's rights to solicit additional applications or award additional licenses in the future. PASSED and ADOPTED this 19th day of September , 1979. Attest: f"1.4 -,te .0-0=f44 / City Clerk 1st Reading - September 5, 1979 2nd Reading - September 19, 1979 -3- AHM/mcs OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 4) O [n •r1 4) • O G U 4a a N •r1 4-1 4) rG - 4) 1.1 CNIII • El Ch < i--1 3-1 › • 1\ O " I D, O r-1 Z • 4) 4-1 H• z•, -1 • RI 0 H C O $-+ C4 1 G U G C1. OOr--I 4 (3 U 4) •-1 f� X •ti 3 cj • 0 1 A ++ • 3-1 O 4-1 5, 1� G O ORD ir1 4) Rf' r -I •n 0 .0 4) bA U 4a G u g 0 U) cj b H ti G 0 3a 0 0 R3 •ri •H U d' O 4) R. r♦ -0 o W