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93-20796 RESO RESOLUTION NO, 93-20796 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND RIFKIN/NARRAGANSETT OF SOUTH FLORIDA CATV LIMITED PARTNERSHIP d/b/a GOLD COAST CABLEVISION, FOR THE PURPOSE OF VOLUNTARILY TERMINATING THE NON-EXCLUSIVE CABLE TELEVISION FRANCHISE WITH ULTRACOM OF DADE COUNTY, INC. AND TO NEGOTIATE IN GOOD FAITH MUTUALLY AGREEABLE MODIFICATIONS AND AMENDMENTS TO THE EXISTING FRANCHISE AGREEMENT WITH ALL-RITE SATELLITE, INC. WHEREAS, on September 19, 1979, the City adopted Ordinance No. 79-2172, awarding a non-exclusive cable television franchise to Ultracom of Dade County, Inc. for a period of l5 years ("Ultracom Franchise"); and WHEREAS, on February 5, 1986, the City adopted Ordinance No. 86-2500 awarding a non-exclusive cable television franchise to All- Rite Satellite, Inc. for a period of 15 years (the "TV Ticket Franchise"); and WHEREAS, the City authorized the assignment of the TV Ticket Franchise to Rifkin/Narragansett South Florida CATV Limited Partnership d/b/a Gold Coast Cablevision, (the "Franchisee"); and WHEREAS, on March 2, 1988, the City adopted Resolution No. 88- 19179 authorizing the assignment of the Ultracom and TV Ticket Franchises to Franchisee; and WHEREAS, the City Administration, with the assistance of special counsel, has currently engaged the Franchisee in negotiations with respect to the upcoming renewal of the Ultracom Franchise and modifications and amendments to the terms and conditions of both the Ultracom Franchise and the TV Ticket Franchise to include terms and conditions including customer service standards, rate regulation, and other pertinent issues; and WHEREAS, the Federal Communications Commission ("FCC") new rules and regulations with respect to rate regulation have just been released, and since these new rules and regulations will provide authority to the City for rate regulation and will restrict the Franchisee with respect to rates, the Administration has determined that it is not reasonable to conclude cable renewal negotiations pending detailed review of these rules and regulations; and WHEREAS, the Administration has negotiated the attached Agreement with the Franchisee, whereby the Franchisee mutually agrees with the Administration to allow the City to repeal Ordinance No. 79-2172 to reflect said voluntary termination of the Ultracom Franchise and to further negotiate in good faith mutually agreeable modifications and amendments to the existing TV Ticket Franchise. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida: The Mayor and City Commission of the City of Miami Beach hereby authorize the Mayor and City Clerk to execute the attached Agreement between the City of Rifkin/Narragansett of South Florida CATV Limited Partnership d/b/a Gold Coast Cablevision for the purpose of voluntarily terminating the non-exclusive cable television franchise with Ultracom of Dade County, Inc. and to negotiate in good faith mutually agreeable modifications to the existing franchise with All-Rite Satellite, Inc. Passed and adopted this 5th day 0 ATTEST: '~J..~ E:~cw~ CITY CLERK jm:c :cablefran. res FORM APPROVED LE~.A~EPT. ]/;/ BY ';j1;,,~~ CJ7~.--/ ~ r/- A ,) '.;) t.. 'c);> Date , AGREEMENT IJ~ AGREEMENT dated as of May 5, 1993, between RIFKIN/NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP d/b/a Gold Coast Cablevision, a Florida limited partnership (the "Franchisee"), and THE CITY OF MIAMI BEACH, a municipal corporation of the state of Florida (the "City"). WIT N E SSE T H WHEREAS, on September 19, 1979, the City adopted Ordinance No. 79-2l72, awarding a non-exclusive cable television franchise to Ultracom of Dade County, Inc. for a period of l5 years (the "Ultracom Franchise"); and WHEREAS, on February 15, 1986, the City adopted Ordinance No. 86-2500 awarding a non-exclusive cable television franchise to All- Rite satellite, Inc. for a period of 15 years (the "TV Ticket Franchise"); and WHEREAS, by correspondence dated August 11, 1987, the City authorized the assignment of the TV Ticket Franchise to the Ultracom Franchisee; and WHEREAS, on March 2, 1988, the City adopted Resolution No. 88- 19l79, authorizing the assignment of the Ultracom and TV Ticket Franchises to Franchisee; and WHEREAS, both the Ultracom Franchise and the TV Ticket Franchises are currently in full force and effect; and WHEREAS, because of the enactment of the Cable Television Consumer Protection and Competition Act of 1992, and applicable changes and developments in cable television technology and services, the parties believe that it would be mutually beneficial to negotiate and amend the existing Miami Beach Master Cable T.V. Ordinance, Chapter 42A. NOW THEREFORE, in consideration of the covenants and agreements contained herein, the City and the Franchisee agree as follows: 1. Termination of Ultracom Franchise, Upon the effective date of the Ordinance passed and adopted in connection with the execution of this Agreement, the city and the Franchisee agree that the terms, conditions, provisions and covenants of the Ultracom Franchise shall terminate. In connection with such termination, both the City and the Franchisee mutually agree to waive and release any and all rights and obliga~ions under such franchise except the city shall be entitled to audit the Franchisee's financial records, and collect past due franchise fees, if any. 2. Riqht to Ooerate Under the TV Ticket Franchise. simultaneous with the termination of the Ultracom Franchise referred to in Paragraph 1 above, the City agrees to acknowledge and confirm Franchisee's right to own, operate and maintain its cable television system and provide cable television services to subscribers in the City pursuant to the terms and conditions of the TV Ticket Franchise throughout the remainder of its franchise term. 3. Mutual Aqreement to Neqotiate an Amended Franchise. Notwithstanding anything contained in this Agreement to the contrary, the parties hereto hereby mutually agree to enter into informal negotiations to amend the TV Ticket Franchise over the three months commencing from the effective date of the Resolution adopting the Agreement (the "Negotiation Period") and to use good faith efforts to agree to the enactment of a new cable ordinance and amended franchise agreement, which in part, would grant Franchisee the right to continue its cable operations in the City for a specified period of time in excess of its existing TV Ticket Franchise term and which would include new terms and conditions concerning public, educational and governmental access channels and equipment; customer service standards; rate regulation; state of the Art technology requirements, and such other matters as the parties may agree to, in accordance with, and pursuant to the terms and provisions of, a proposed new cable ordinance. The parties do not waive any rights pursuant to Federal law. 4. City's Aqreement to Refrain from Adooting Ordinances or Resolutions Relatinq to Rate Requlation or Customer Service Durinq 2 the Neqotiation Period. The city hereby agrees that it shall not place on any City agenda or adopt or enact any ordinance, resolution, rule or regulation concerning (i) rate regulation, or (ii) customer service, unless and until either (a) the Negotiation Period has expired, or (b) the City and the Franchisee agree to terminate negotiations prior to the expiration of such Negotiation Period, in which case, the City may implement any customer service or rate regulation rules it determines are in the best interests of the City I S residents, to the extent allowed by appl icable law. Notwithstanding the foregoing, the City shall have the right to apply for certification for rate regulation to the Federal Communications Commission and may adopt any resolutions and ordinances regarding rate regulation procedural issues 5. TV Ticket Franchise to Remain in Effect. In the event that the Franchisee and the City are unable to agree to the terms of a new cable ordinance within the Negotiation Period, Franchisee shall have the right to continue its cable operations in the City during the remaining term of the TV Ticket Franchise, provided that it continues to be in compliance with the terms of such franchise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. Attest: hi- /NARRAGANSETT ep SOUTH' FLOR DA CATV LIMITED PARTNERSHIP d/b/a OLD COAST CABLEVISION BY: A V \'c.c ?~&-.o\. r~ \-~ ~Gl"'C4. \. ~< 'tne. Printed Name and Title ~tk~[.~~ City Clerk ~~ fR.~ ~t?~ W ness jm\c:rifkin.agr FORM Af1~OVED LEGAlDEPT. ( // By\. / / /1,~/1 , ~7 w/ Date S- h/,I C) 1 I , 3