RESOLUTION 93-20796 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 15 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
8-
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.
.r
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 oIay, 1993 .
MAYOR
Aill
ATTEST:
Is'el---actA2 ' sl)letwio"----- Illr
CITY CLERK
FORM
APPROVED
LEG19EPT.
jm:c:cablefran.reGr.i.A0:,/
s
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......... 6./T2
Date
AGREEMENT
AGREEMENT dated as of May 5, 1993 , between RIFKIN/NARRAGANSETT
�1�.. .0-fr 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") .
WITNESSETH
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 15 years (the
"Ultracom Franchise") ; and
WHEREAS, on February 15, 1986, the City adopted Ordthance 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-
19179 ,
8-19179 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, parties the 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 assed and adopted in connection with the
execution of this s 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
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release any and
all rights and obligations under such franchise
except the City y shall be entitled to audit the Franchisee' s
financialrecords, and collect past due franchise fees, if any.
2 . RightOperate to O erate Under the TV Ticket Franchise.
Simultaneous with the termination of the Ultracom Franchise
referred togra
in Paragraph 1 above, the City agrees to acknowledge
p
and confirm Franchisee' s right to own, operate and maintain its
cable television system and provide cable television services to
City pursuant in
the to the terms and conditions of the
TV Ticket Franchise throughout the remainder of its franchise term.
3 . Mutual Agreement to Negotiate an Amended
Franchise.
Notwithstanding anything contained in this Agreement
to the contrary, parties the 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 g
the Agreement (the "Negotiation Period") and to
g
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
public,concerning 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 . Agreement City' s A reement to Refrain from Adopting Ordinances or
Resolutions
Relatingto Rate Regulation or Customer Service During
2
the Negotiation 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 beet interests of
the City' s residents, to the extent allowed by applicable 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 411 comp'iance with }he term of such f+anch is .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first written above.
f
Attest: CI '
IF MIAMI BE' H
Aillr F
City Clerk ayo W V
4,az )d.t.g-exet-,) RIFKI /NARRAGANSETT &P SOUTH
W the FLOR DA CATV LIMITED PARTNERSHIP
d/b/a SOLD COAST CABLEVISION
,
• BY: 44/ L
W ness
P rinted Name and Title
jm\c:rifkin.agr FORM A1IPF3OV[D
LEGA(,DEPT.
By ////ia,•-&1/
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Date -C�
3
utClul NAi,
RESOLUTION NO. 93-20796
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 Cablevion4cr the
purpose__.oL__voluntaril y 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
tbe _exi'sting _franchise agreeme.nt-with
All-Rite Satellite, Inc.
•