HomeMy WebLinkAboutR-97-29 RESOLUTION NO. R-97-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN
EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR
A M~XIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS
EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF
THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE
COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING
FOR ANEFFECTIVE DATE.
WHEREAS, Cable TV Fund VIII-A, a Limited Partnership,
Jones Intercable, Inc., General Partner was granted a non-
exclusive franchise to operate and maintain a community
antenna television system in the City of Sebastian, Florida by
the City Council on September 23, 1981, by City Ordinance No.
218-E; and
WHEREAS, by Resolution R-87-74 the City Council assigned
and transferred Ordinance 218-E as amended on May 30, 1986,
from Cable TV Fund VIII-A, Jones Intercable, Inc., to Falcon
Cable Media, L.P., a California limited partnership on October
28, 1986; and
WHEREAS, the non-exclusive franchise was granted and
assigned to Falcon Media, L.P., was valid for a period of
fifteen (15) years from 9/23/81; and
WHEREAS, Falcon Media, L. P., had requested renewal of
the franchise from October 1, 1993; and
WHEREAS, recent changes have been enacted by the U.S.
Congress establishing broad and new regulations affecting
most telecommunications businesses; and
WHEREAS, time has not permitted adequate opportunity to
assess the ramifications of the Telecommunications Act of
1996, and those concerns as expressed by the franchisee's
customers; and
WHEREAS, the City of Sebastian desires to update its
franchise ordinances and other pertinent regulations prior
to the negotiations and renewal of the existing franchise
with Falcon Media, L.P.; and
WHEREAS, it is in the public's best interest to properly
update the City's current franchise ordinance and carefully
proceed with the negotiations for the renewal of the cable
television franchise.
WHEREAS, the City Council adopted Resolution No. R-96-67
on September 11, 1996 granting the first extension of the
cable television franchise for sixty (60) days commencing on
September 23, 1996 and expiring November 21, 1996 with a
provision for additional extensions by Resolution;
W~EREAS, the City Council granted subsequent sixty day
extensions by adopting of Resolution Nos. R-96-85, R-97-05
and R-97-15 and;
W~ER~AS, the current sixty day extension expires on May
17, 1997; and
WHEREAS, an additional sixty (60) days is needed to
prepare a proper franchise ordinance.
NOW, THEREFORE, BE ITRESOLVED by the City Council of City
of Sebastian, Indian River County, Florida as follows:
SECTION 1. The non-exclusive franchise established by
Ordinance 218-E granted to Cable TV Fund VIII-A, Jones
Intercable, Inc., on September 23, 1981, and assigned and
transferred to Falcon Cable Media, L.P., a California limited
partnership pursuant to Resolution R-87-74 extended for sixty
(60) calendar days commencing September 23, 1996, and expiring
November 21, 1996 by Resolution No. R-96-67; extended for
sixty (60) calendar days commencing November 21,1996 and
expiring January 19, 1997 by Resolution No. R-96-85; extended
for sixty (60) calendar days commencing January 19,1997 and
expiring March 19, 1997 by Resolution No. R-97-05; shall be
extended for sixty (60) calendar days commencing on May 17,
1997 and expiring July 15, 1997 by Resolution No. R-97-29.
SECTION 3. Ail revenue required by the current franchise,
and any additional revenue which may accrue to the City
through changes incorporated into the franchise ordinance or
franchise renewal shall be paid retroactively commencing
September 24, 1996, by Falcon Cable Media, L.P., a California
limited partnership.
SECTION 4. Falcon Cable Media, L.P., a California limited
partnership by- acceptance of the extension to the current
cable franchise agrees to the terms of this resolution.
SECTION 5. This resolution shall take effect on May 14,
1997.
The
Council
Council
the vote
foreg?j~g Resolution was moved for adoption by
Member~~ , . The motion was seconded by
Member~~)~ and upon being put to a vote,
was as
Mayor Walter W. Barnes
Vice-Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Resolution duly passed
and adopted this 14th day of May, 1997.
CITY OF SEBASTIAN, FLORIDA
W~lter W. Barnes
ATTEST:
~a%h~7~fi M. O'Hailoran, CMC/ggE
Ap~fov~ :as.,%o Form and Content:
Valerie F. Settles, City Attorney