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HomeMy WebLinkAboutR-98-38RESOLUTIO~ A RESOLUTION OF THE CIT5 SEBASTIAN, FLORIDA, GRANTINC NON-EXCLUSIVE CABLE TELl MAXIMUM OF SIXTY DAYS EXTENDED BY PASSAGE OF AN A CITY COUNCIL; PROVIDING COLLECTION OF ANY FRANCH FOR AN EFFECTIVE DATE. WHEREAS, Cable TV Fund vm-A, a Lil Partner was granted a non-exclusive franchise to op system in the City of Sebastian, Florida by the Ordinance No. 218-E; and WHEREAS, by Resolution R-87-74 the 218-E as amended onMay 30, 1986, from Cable ~1 Cable Media, L.P., a California limited partnershi WHEREAS, the non-exclusive franchise was valid for a period of fifteen (15) years from WHEREAS, Falcon Media, L. P., had r 1993; and WHEREAS, recent changes have been en new regulations affecting most telecommunicatio WHEREAS, time has not permitted adeq; Telecommunications Act of 1996, and those concex NO. R-$8-38 COUNCIL OF THE CITY OF AN EXTENSION OF AN EXISTING gVISiON FRANCHISE FOR A INLESS ADDITIONAL TIME IS )DmONAL RESOLUTION OF THE . FOR THE RETROACTIVE [SE REVENUE; AND PROVIDING nited Partnership, Jones Intercable, Inc., General ~rate and maintain a community antenna television City Council on September 23, 1981, by City City Council assigned and transferred Ordinance 'V Fund VIII-& Jones Intercable, Inc., to Falcon p on October 28, 1986; and was granted and assigned to Falcon Media, L.P., /23/81; and quested renewal of the franchise from October 1, tcted by the U.S. Congress establishing broad and as businesses; and rate opportunity to assess the ramifications of the ns as expressed by the franchisee's customers; and WHEREAS, the City of Sebastian desi pertinent regulations prior to the negotiations m Media, L.P.; and WltEREAS, it is in the public's best inter, ordinance and carefully proceed with the negotiatiol WHEREAS, the City Council adopted extending the cable television franchise for sixty (, expiring November 21, 1996; with a provision fo] WHEREAS, the City Council granted (l Nos. R-96-85, R-97-05, R-97-15, R-97-29, R-97 WHEREAS, the current sixty day extens wmr~REAS, an additional sixty (60) days i NOW, THEREFORE, BE IT RESO Indian River County, Florida as follows: SECTION 1. The non-exclusive fran Cable TV Fund VIII-& Jones Intercable, Inc., on to Falcon Cable Media, L.P., a California lim extended for sixty (60) calendar days commencing 1996 by Resolution No. R-96-67; extended for 21,1996 and expiring January 19, 1997 by Resoluti days commencing January 19, 1997 and expiri~ extended for sixty (60) calendar days commencin res to update its franchise ordinances and other ~d renewal of the existing franchise with Falcon ,~st to properly update the City's current franchise ts for the renewal of the cable television franchise. l.esolution No. R-96-67 on September 11, 1996 0) days commencing on September 23, 1996 and additional extensions by Resolution; 0) sixty days extensions by adopting Resolution -37 R-97-50, K-97-77, R-97-83. [on expires on September 2, 1998; and needed to prepare a proper franchise ordinance. ,VED by the City Council of City of Sebastian, :hise established by Ordinance 218-E granted to ',eptember 23, 1981, and assigned and transferred ed partnership pursuant to Resolution R-87-74 September 23, 1996 and expiring November 21, sixty (60) calendar days commencing November on No. R-96-85; extended for sixty (60) calendar tg March 19, 1997 by Resolution No. R-97-05; g on May 17, 1997 and expiring July 15, 1997 by Resolution No. R-97-29; extended for sixty (6 September 12, 1997 by Resolution No. R-97-37 on September 12, 1997 and expiring November an additional sixty (60) days commencing Nc extended for an additional sixty (60) days eomm, by Resolution R-97-83; extended for an additio expiring May 7, 1998 by Resolution No. R4 commencing on April 22, 1998 and expiring Jul~ an additional sixty (60) days commencing on Resolution No. R-98-26; shall be extended September 4, 1998 and expiring on Novembe~ SECTION 2. All revenue required b which may accrue to the City through changes in. renewal shall be paid retroactively commencing a California limited partnership. SECTION 3. Falcon Cable Media, L.i the extension to the current cable franchise agr O) days commencing on July 15, 1997 and expiring extended for sixty (60) calendar days commencing 1, 1997 by Resolution No. R-97-50; extended for vember 11, 1997 and expiring January 9, 1998, ~ncing January 9, 1998 and expiring March 9, 1998 hal sixty (60) days commencing March 9, 1998 and ,8-10; extended for an additional sixty (60) days 6, 1998 by Resolution No. R-98-18; extended for aly 6, 1998 and expiring on September 4, 1998 by br an additional sixty (60) days commencing on 2, 1998 by Resolution No. R-98-38. ~t the current franchise, and any additional revenue :orporated into the franchise ordinance or franchise September 24, 1996, by Falcon Cable Media, L.P., ?., a California limited partnership by acceptance of Des to the terms of this resolution. SECTION 4. This resolution shall take effect on September 4, 17.~ The f°reg°ing Res°luti°n was re°yea fi~ ad°pli°n bY C°un,cil Mem~5ilC1.t~.a. oe~/foj...ff,./ ' The motion was seconded by Council Me bef.~t~ vw~..~4~,~ p 'ngputto avote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha S. Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger 3 The Mayor thereupon declared this Rest .(~., .,~g~-[, 1998. A%TEST: ~ _ Kathryn M O'Halloran, CMC~AAE City Clerk '. . Approved as to Form and Content: Timothy Williams, Interim City Attorney lution duly passed and adopted t '~,~y-~df CITY OF SEBASTIAN, FLORIDA Ruth Sullivan, Mayor