HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-039Introduced by: f%
Temp. #1058
Revised 9/19/83
Second Rev. 9/19/83
1
2
3
4
5
6
7
8
9
11
12
13
14
15
16
_7
3'
19
20
21
22
23
24
25
26
27
P11:l
si
32
33
34
35
ORDINANCE NO. 0-73'.3
AN EMERGENCY ORDINANCE APPROVING THE TRANSFER
AND ASSIGNMENT OF THE NON-EXCLUSIVE FRANCHISE
FOR A COMMUNITY ANTENNA TELEVISION SYSTEM
GRANTED TO AMERICAN VIDEO OF TAMARAC, INC. BY
ORDINANCE NO. 0-73-36 (AS AMENDED) TO AMERICAN
CABLESYSTEMS OF FLORIDA, A LIMITED PARTNERSHIP;
REPEALING ALL ORDINANCES IN CONFLICT; AMENDING
SECTION OF THE PROVISIONS FOR CITY COMPENSATION
OR FRANCHISE FEE; PROVIDING A NOTICE REQUIRE-
MENT, PROVIDING A STATEMENT OF THE SERVICES
OFFERED; RATIFYING THE RATE SCHEDULE IN ORDI-
NANCE 0-82-26; PROVIDING FOR RECORDATION IN THE
PUBLIC RECORDS OF BROWARD COUNTY AND PROVIDING
WHEREAS, the City of Tamarac had granted a
non-exclusive franchise to operate and maintain a Community
Antenna Television System to American Video of Tamarac, Inc.
(hereinafter referred to as "American Video"), its successors
and assigns, by Ordinance No. 0-73-36, (as amended by
Ordinances Nos. 0-76-86, 0-79-52, 0-79-63, and 0-82-26); and
WHEREAS, American Video has entered into an agreement
to sell its assets to American Cablesystems of Florida,,A Lim
ited Partnership (hereinafter referred to as "American
Cable"); and
WHEREAS, Section 7.19 (b) of the City Charter
requires that no franchise shall be assigned except with the
consent of Council expressed by ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA;
During the Council recess a closing was scheduled
for October 1, 1983 for the purchase by American Cable of the
Assets of American Video with great financial loss at stake if
the deadline is not met; and since a transfer of the fran-
chise must be accomplished by ordinance; and this being the
first njeeting of City Council since the recess; and the City
Council not desiring to jeopardize the Cable TV service of the
Citizens of Tamarac who are presently being serviced by
American Video; it is hereby determined that an emergency
exists justifying consideration of this ordinance as an - --
emergency ordinance.
1
2
3
4
!: 5
tr
6
71
81
a
10
11
12
13
14
15
7
18
19
20
21
22
23
24
28
'9
i -,,I
31
32
33
34
35
SECTION_ 2: CITY COMPENSATION
The provisions of Section 11, "City Compensation", of
Ordinance 0-73-36 as amended by Ordinance 0-79-63 are hereby
repealed and in its place is amended to provide as follows:
"American Cable shall pay to the City a franchise fee
equal to three percent (3%), or in a greater amount to the
maximum which may be provided by law, of gross revenues
collected by American Cable. American Cable shall assist the
City in any rate applications, petitions or procedures with
any governmental regulatoy agencies. Regardless, the minimum
annual franchise fee shall be $20,000. For the purpose of
this ordinance, "gross revenues" is defined as all
compensation received by American Cable arising from but not
limited to its regular monthly charges for its basic service
and premium channels, advertising, lease channel operation,
installation charges or any other income received from or for
service to its subscribers or customers in the City. Gross
receipts shall not include any taxes collected by American
Cable as required by law or subscriber deposits. Payments
shall be made quarterly based on a calendar year unless
American Cable notifies the City in writing of a fiscal year
it prefers to use. Payment shall be made to the City within
thirty (30) days after each quarter. In the event any monies
are due and owing under this franchise are not timely paid as
specified herein, the City may impose a late charge of ten
percent (10%) of the amount due. Payment shall be accompanied
by a report in a form reasonably acceptable to the City,
showing the gross receipts of American Cable for the quarter.
American Cable shall file annually within 90 (ninety) days of
the close of the calendar year, an accounting, certified by
- the senior financial officer of American Cable, or a certified
public accountant which states the annual gross receipts and
franchise fee. (If the quarterly payments are made on the
basis of a fiscal year, then the accounting shall be submitted
within ninety (90) days after the end of the fiscal year.)"
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
i8
19
20
21
22
23
24
25
26
27
28
29
?0
J1 '
32
33
34
35
SECTION 3.: NQ2JLZ
Section 15 of Ordinance 0-73-36 is hereby created to
provide as follows:
"Section 15: Notice. Notice under this ordinance
shall be in writing sent by hand delivery or Certified Mail
(return receipt) to the following addresses:
CITY MANAGER
CITY OF TAMARAC
5811 N.W. 88 Avenue
Tamarac, Florida 33321
Barry D. Lemieux
American Cablesystems
Corporation
Bass River Research Center
30 Tozer Road
Beverly, Mass. 01915
and
American Cablesystems of
Florida
6115 N.W. 77 Way
Tamarac, Florida 33321
If either party changes its business address, then notice of
the change shall be given to the other party."
SEC ION 4: SERVICES OFF EM
Section 16 of Ordinance 0-73--36 is hereby created
to provide as follows:
"Section 16: Schedule of services offered. The
following channels or stations shall be offered by American
Cable. Changes in the schedule may be made at the discretion
of American Cable, however notice shall be given to the City
of all changes thirty (30) days before the change becomes
effective whenever possible. Failure to make timely notice
shall constitute a breach of this franchise agreement:
SELECTOR
2 2-WPBT Miami Public Television
3 Stockmarket --Reuters News
4 4-WTVJ Miami, CBS
5 5-WPTV West Palm Beach, NBC
6 6-WCIX Miami Independent
7 7-WCKT Miami, NBC
8 Weather -The Weather Channel
9 ESPN-Entertainment and sports network
10 10-WPLG Miami, ABC
11 TBS Atlanta-WTBS "Super 17" Atlanta
12 12-WPEC West Palm Beach, ABC
13 TV Program guide --Programming schedule
14 HBO -Home Box Office (premium)
15 USA -The USA Network
16 CNN -Cable News Network
17 CNN Headline News --News 24 hours
- 3 --
1
2
3
4
5
6
7
9
it
12
13
14
15
7
18
19
20
21
22
23
24
28
2g
;fl
31
32
33
34
35
18 MAX -Cinemax (premium)
19 ACCESS -Local access
20 SNC-Satellite News Channel 24 hours
21 SHO-Showtime (premium)
22 MTV -Music Television
23 NIK-Young people's programs
24 WOR-New York City
25 CHN--Cable Health Network
26 TNN-The Nashville Network
27 SPN-24 hour family entertainment
28 DAY/ARTS-Women's and cultural programs
29 FINANCIAL NEWS -Stock Market 24 hours
30 17-WLRN Miami Public broadcasting
31 23-WLTV Miami all Spanish broadcasts
32 29-WFLX West Palm Beach Independent
33 39-WDZL Miami Independent
34 42-WHRS Boynton Public Television
35 45-WHFT Miami Independent
36 51-WKID Fort Lauderdale Independent
,SECTION 5:
Subsection 2.A "REVISED SCHEDULE OF MAXIMUM RATES",
of Ordinance 0-79-52 as amended by Section 1 of Ordinance
0-82-26 is hereby ratified. In addition, the monthly rate
schedule for premium channels is as follows:
Each
Additional
First Premium
Program
Primary
Outlet
Primary:
HBO
$ 9.50
-0-
Cinemax
11.00
-0--
Showtime
11.00
-0-
Subsequent Premium
Programs:
Cinemax
7.00
-0-
Showtime
9.00
-0-
Installation
(if not installed
at time
of initial cable
service)
Primary
Outlet
20.00
--0-
(Except Bulk Billing)
CTION 6: The City Council hereby consents to the
assignment of the non-exclusive franchise for a Community
Antenna Television System granted to American Video of Tam-
arac, Inc. its successors and assigns by Ordinance No.
0-73-35 (as amended) to American Cablesystems of Florida, A
Limited Partnership. American Cable shall be bound by the
terms of this Ordinance upon the actual transfer of this
franchise.
An executed copy of a document evidencing the trans-
fer and assignment and indicating the acceptance by American
Cablesystems of Florida, A Limited Partnership of all of the
terms and conditions is attached as exhibit A.
SECTION 7: The City Clerk is authorized and
directed to record a certified copy of this Ordinance in the
public records of Broward County, Florida.
- 4 -
2
2'
3
4
22
25
IV
29
al
29
� a0
,9ECTIQN A: All ordinances or parts of ordinances
in conflict herewith are hereby repealed. Any Federal
Communication Comission Regulations, or State or federal law
in conflict with this ordinance shall supercede it.
SECTION 9: This ordinance shall become effective
immediately upon its final passage.
PASSED FIRST READING THIS day of 1983
PASSED SECOND READING THIS day of _ 1983
MA R
T�Ey�ST�:
- z', CITY CLERK
I HEREBY CERTI Y that I have approved y
the form and rrectness of this ORDINANCE.
ty Attorney
RECORD OF COUNCIL VOTE
MAYOR FALCK: a-�P
DIST. 1: C/M KRAVITZ:
DIST. 2: VIM Mq$$ARp:
DIST. 3: GM STELZER:
DIST. 4: GM giANTZ;—__.
- 5 -
s
EXHIBIT "A"
ASSIGNMENT OF FRANCHISE
THIS ASSIGNMENT (this "Assignment") is made and entered into
on this 30th day of September, 1983, by AMERICAN VIDEO CORPORA-
TION, a Florida corporation (the "Seller") in favor of AMERICAN
CABLESYSTEMS OF FLORIDA, A LIMITED PARTNERSHIP, a Massachusetts
limited partnership (the "Buyer").
W I T N E S S E T H:
WHEREAS, Seller and AMERICAN CABLESYSTEMS CORPORATION, a
Delaware corporation ("American") are parties to an Agreement of
Purchase and Sale, dated as of May 9, 1983 (the "Purchase Agree-
ment"), pursuant to which Seller agreed to sell, assign, trans-
fer and convey to American, or American's successors or assigns,
all of Seller's rights, titles and interests in and to certain
assets of Seller described in the Purchase Agreement; and
WHEREAS, by an Instrument of Assignment dated September 29,
1983, between American and Buyer, American assigned to Buyer its
right to purchase said assets (other than the assets set forth
in Schedule A to said Instrument of Assignment (the "Scheduled
Assets")) to be sold, assigned, transferred and conveyed by
Seller pursuant to the Purchase Agreement; and
WHEREAS, by an Instruction Letter dated September 29, 1983,
from American to Seller (the "Instruction Letter"), American
directed Seller to transfer and assign the Scheduled Assets to
Buyer; and
WHEREAS, Seller now desires to sell, assign, transfer and
deliver. to Buyer all of Seller's rights, titles and interests in
and to said assets (including the Scheduled Assets) of Seller in
accordance with the requirements of the Purchase Agreement and the
directions set forth in the Instruction Letter.
NOW, THEREFORE, in consideration of the premises hereof and
MCCARTHY, UBIT, CRYSTAL, KLFINMAN & HAIMAN CO., L.P.A.
Attorneys and Counselors at Law
900 Illuminating Bldg. a 55 Public Square 0 Cleveland, Ohio 44113 • 216 / OW1422
PAGE 1 OF 4
93'3�
EXHIBIT "A"
other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Seller, intending
to be legally bound, does hereby sell, grant, assign, bargain,
release, convey, transfer and deliver to Buyer, effective as of
the date hereof, the following properties and assets:
SECTION 1. TRANSFER. Seller hereby unconditionally
sells, assigns; transfers and delivers to Buyer all of Seller's
right, title and interest in and to the franchise granted to Seller
by the City of Wilton Manors, Florida, pursuant to a certain Agreement
for the construction, operation and maintenance of a community antenna
television system within the City of Wilton Manors, dated June 26,
1973, said Agreement having been approved by Special Ordinance No.
217, four (4) Modifying Agreements dated July 9,, 1974, June 24,
1975 and December 12, 1978 , and June 14, 1983, respectively, the
last such modification being approved by Special Ordinance No. 528,
and Resolution No. 876, dated June 14, 1983.
SECTION 2. BINDING EFFECT. This Assignment shall be
binding upon and shall inure to the benefit of Seller and Buyer
and their respective successors and assigns.
IN WITNESS WHEREOF, Seller has caused this Assignment
to be executed and delivered by its duly authorized officers on
the date first above written.
AMERICAN VIDEO CORPORATION
Attest:U-,%�By �1
Jarf L. Brundage,Ptesident
The undersigned hereby unconditionally accepts this Assignment
and agrees to be bound by the terms of the subject franchise, as
amended.
AMERICAN CABLESYSTEMS OF FLORIDA,
A LIMITED PARTNERSHIP, a Massachusetts
limited partnership
By: AMERICAN CABLESYSTEMS OF
FLORIDA, INC. as General Partner
Attest: x, By:—
Presi ent
- 2 -
MCCARTHY, IZBIT, CRYSTAL, KLEINMAN & HAIMAN CO.. L.P.A.
Attomeys and Counselors at Lew
900 Illuminating Sidg. « 55 Public Square • Cleveland, Ohio 44113 • 216 / OW1422
PAGE 2 OF 4
0�1XV4g3J 3
1
1
EXHIBIT "A"
City of Tamarac
AGREEMENT OF ACCEPTANCE OF FRANCHISE
THIS AGREEMENT is made and
of September, 1983, by American
Limited Partnership ("Buyer").
entered into as of the 30th day
Cablesystems of Florida, a
W I T N E S S E T H
WHEREAS, American Video Corporation ("Seller") and American
Cablesystems Corporation ("ACC") are parties to an Agreement of
Purchase and Sale, dated as of May 9, 1983 (the "Purchase
Agreement"), pursuant to which Seller has agreed to sell, assign,
transfer and convey to ACC or its assignee and the successors and
assigns of ACC or such assignee, all of Seller's right, title and
interest in and to the cable television systems of Seller located
in Broward County, Florida; and
WHEREAS, Buyer is the assignee of ACC for purposes Of
acquiring the cable television franchise identified hereinbelow,
and Seller is as of this date executing and delivering to Buyer a
Bill of Sale and Assignment, Assignments of Franchises and
certain other agreements and documents to vest in Buyer all of
Seller's right, title and interest in and to such assets of
Seller; and
WHEREAS, Buyer is executing and delivering to Seller an
Agreement of Assumption of Liabilities relating, among other
things, to the obligations of Seller arising after the date
hereof under the cable television franchise identified herein -
below; and
WHEREAS, Buyer desires further to carry out the intent and
purpose of the Purchase Agreement by the execution and delivery
of this Agreement;
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Buyer intending to
be legally bound hereby, agrees as follows:
SECTION 1. FRANCHISE. Reference is hereby made to Ordinance
No. 7 -36 of the City Council of Tamarac, Florida, as amended (the
"Franchise"), granted by the City of Tamarac, Florida (the "Grantor"),
and to Ordinance No. 83-39 approving the transfer and assignment of
the franchise granted thereby to the Buyer.
SECTION 2. ACCEPTANCE. Buyer hereby unconditionally
accepts the Franchise and agrees and promises to comply with and
abide by all its provisions, terms and conditions.
PAGE 3 OF 4
e9� g3-31
1
EXHIBIT "A"
-2-
SECTTON 3. BINDING EFFECT. This Agreement shall be binding
upon the Buyer, its successors
the benefit of the Seller and
successors and assigns.
and assigns, and shall inure to
the Grantor, and their respective
IN WITNESS WHEREOF, Buyer has caused this Agreement to be
duly executed and sworn to on its behalf by a duly authorized
officer of its general partner, as of the day and year first
above written.
AMERICAN CABLESYSTEMS OF FLORIDA,
A LIMITED PARTNERSHIP
By American Cablesystems of
Florida, Inc., its General
Partner
[SEAL]
By - --
Vic esi
STATE OF NEW YORK )
COUNTY OF NEW YORK) SS.
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to administer
oaths to take_ acknowledgments, personally appeared
known to me to be a Vice
Presidl6kt'bf AjfieYidan Cablesystems of Florida, Inc., which is
general partner of American Cablesystems of Florida, a Limited
Partnership, to me known, to be the person who executed the
foregoing Agreement in such capacity, and (s)he acknowledged
before me that (s)he executed the same.
Sworn and subscribed to me, this day of <
1983.
[Notarial Seal]
My Commission expires:
JILL M. JACKSON
Notary Public State of New York
No. 43-4766104
Quallfled In Richmond County
Commission Expires March 30, 19114
For!"
�y r�
Notary V
PAGE 4 OF 4