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.
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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
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AHM/mcs OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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