HomeMy WebLinkAboutR-97-83 RESOLUTION NO. ~
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
MAXIMUM 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 AN EFFECTIVE DATE.
WHEREAS, Cable TV Fund VIII-A, a Limited Partnership, Jones Intercable, Inc., General
Panner 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
extending 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;
WHEREAS, the City Council granted (60) sixty days extensions by adopting Resolution
Nos. R-96-85, R-97-05, R-97-15, R-97-29, R-97-37 R-97-50, R-97-77 and R-97-83.
WHEREAS, the current sixty day extension expires on January 9, 1997; and
WHEREAS, an additional sixty (60) days is needed to prepare a proper franchise ordinance.
NOW, THEREFORE, BE IT RESOLVED 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; extended
for sixty (60) calendar days commencing on May 17, 1997 and expiring July 15, 1997 by Resolution
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No. R-97-29; extended for sixty (60) days commencing on July 15, 1997 and expiring September 12,
1997 by Resolution No. R-97-37; extended for sixty (60) calendar days commencing on September
12, 1997 and expiring November 11, 1997 by Resolution No. R-97-50; shall be extended for an
additional sixty (60) days commencing November 11, 1997 and expiring January 9, 1998, shall be
extended for an additional sixty (60) days commencing January 9, 1998 and expiring March 9, 1998
by Resolution R-97-83.
SECTION 2. All 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 3. 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 4. This resolution shall take effect on January 9, 1998.
The foregoing Resolution was moved for adoption by Council Me~~r,/~dd..~ .
The motion was seconded by Council Memba[~L~/~,L~t~L~,~. and upon being put ton vote,
the vote was as follows:
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 thi of
~)~~ 1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTEST:
Kathryn M~. O'Hallor~n, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Valerie F. Settles, citY-X~t~rney ·
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