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RESOLUTION NO. R-96-85
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 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 permi tted 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
wi th 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; 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,
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Inc., on September 23, 19B1, and assigned and transferred to Falcon
Cable Media, L.P., a California limited partnership pursuant to
Resolution R-B7-74 is hereby extended for sixty (60) calendar days
commencing November 21, 1996 and expiring January 19, 1991.
SECTION 2. No additional time shall be extended except by
resolution of the City Council of the City of Sebastian, Florida.
SECTION 3. 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 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 November 23,
1996.
The foregoing Resolution was moved for adoption by Council
Me~~ :!!:V?'JA _ . The motions was seconded by Council Member
Ol /. --UA. and upon being put to a vote, the vote was as
follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter W. Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
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The Mayor thereupon declared this Resolution duly passed and
adopted this 13th day of November, 1996.
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ATTEST:
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CITY OF SEBASTIAN, FLORIDA
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BY: c .u',u ~ 'f' [' /) 11 Y--I,U
Louise R. Cartwright, May
Approved as to Form and Content
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Valerie F. Settles
City Attorney
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