HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-012Temp. Ord. # 1889
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2000-/Pq-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
TRANSFER OF THE MEDIAONE OF GREATER FLORIDA,
INC. CABLE TELEVISION FRANCHISE TO AT&T;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABLILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac received an FCC 394 and application for City
consent to the proposed transfer of control of the MediaOne of Greater Florida, Inc.
cable television franchise to AT&T', and
WHEREAS, pursuant to Ordinance No. 99-09 of the City of Tamarac and the
MediaOne Franchise Agreement, no such change of control may occur without prior
approval of the City Commission; and
WHEREAS, the City has required that the applicant fulfill the obligations of Cable
Ordinance No. 99-09 and the Cable Television Franchise and provide information on
the proposed transaction including details on the legal, financial, technical and other
qualifications of the transferee and on the potential impact of the transfer on subscriber
rates and service; and
WHEREAS, under FCC Rules, 47 CFR Section 76.502, and agreement of the
parties the City of Tamarac is obligated to take action with respect to the grant or denial
of the application; and
Temp. Ord. # 1889
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WHEREAS, the City has required written acceptance from AT&T of the terms
and conditions of this Ordinance by affidavit as a condition precedent to the adoption of
this Ordinance (affidavit attached hereto as Exhibit A); and
WHEREAS, in the event the proposed transaction between MediaOne and AT&T
is not consummated by December 31, 2000 or does not reach final closure for any
reason, or in the event such closure is reached on terms substantially or materially
different to the terms described in the FCC Form 394 and exhibits thereto, the approval
granted in this Ordinance shall be null and void; and
WHEREAS, the Assistant City Manager recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to approve the
transfer of MediaOne of Greater Florida, Inc. Cable Television Franchise to AT &T.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
Section 2: To the extent required, the City of Tamarac hereby consents to the
change in control of the City of Tamarac MediaOne Cable Television Franchise from
MediaOne to AT&T.
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Temp. Ord. # 1889
02/29/00
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Section 3: That the consent granted herein does not constitute and should not
be construed to constitute a waiver or release of any obligations of the Franchisee
under the Cable Television Ordinance and the Cable Television Franchise Agreement,
applicable law or any other commitments or obligations MediaOne may have with the
City of Tamarac.
Section 4: That the consent granted herein does not and should not be
construed to constitute a waiver of any right of the City under applicable law including
but not limited to the Ordinance or the Cable Television Franchise; and further, this
consent shall not prejudice the City's rights with respect to the enforcement, renewal or
transfer of the current cable television franchise and any amendments thereto.
Section 5: That the consent herein granted is conditioned upon (a) AT&T's
assurances set forth in its affidavit submitted to the City on , 2000 and
attached hereto as Exhibit A; and (b) remittance by the Franchise to the City of cost
recovery for all costs incurred by the City directly or indirectly related to the evaluation
of the transfer application and the transfer process including, but not limited to,
consulting fees and legal fees pursuant to Section 5.5-29(f) of Ordinance No. 99-09 no
later than ten (10) days prior to the scheduled Commission meeting during which the
Commission will consider final action with respect to MediaOne and AT&T's transfer
proposal.
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Temp. Ord. # 1889
02/29/00
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Section 6: That the consent herein granted is limited to the right to provide
cable service, as set forth in the Franchise Agreement.
Section 7: That this Ordinance shall have the force and effect of continuing
the agreement between the Franchisee and the City of Tamarac, the Franchise
Authority.
Section 8: That the City hereby reserves all of its rights pursuant to Federal
and local law including, but not limited to the rights in (a) the franchise renewal process
including, but not limited to, the right to consider violations of the franchise by the
current franchisee; (b) the franchise transfer process including, but not limited to, the
right to act upon any application to sell, assign or otherwise transfer controlling
ownership or control of the cable system; and (c) the enforcement of the current Cable
Television Ordinance No. 99-09 and amendments thereto and the current cable
television Franchise as amendments thereto.
Section 9: That the consent herein granted expressly does not waive and
expressly reserves to the City of Tamarac its rights to fully exercise all applicable legal
rights and authority with regard to MediaOne, AT&T and their affiliates, parent or
subsidiaries in connection with any use of the City of Tamarac's rights of way not
authorized by the City including, but not limited to levying fines or instituting litigation for
trespass and ejectment.
Temp. Ord. # 1889
02/29/00
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Section 10: That the consent herein granted is an express non -waiver and
reservation of the City's rights and authority against MediaOne and AT&T for any
material franchise violations that may exist including, but not limited to those in
connection with any unauthorized use of MediaOne or AT&T's facilities or facilities by
any entity in any way affiliated with a company in which MediaOne or AT&T, its
affiliates, parent or subsidiary has an interest.
Section 11: That the consent granted herein is subject to the transferor's and
transferee's compliance with all other applicable legal requirements and the City does
not waive and expressly reserves the right to enforce full compliance with applicable
ordinance and franchise requirements, whether or not any non-compliance that may be
determined arose before or after the transfer of control from MediaOne to AT&T.
Section 12: All Ordinance or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of
such conflict.
Section 13: If any clause, section, or other part of application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part of application shall be considered eliminated and so
not affecting the validity of the remaining portions or applications remaining in full force
and effect.
Section 14: This Ordinance shall become effective upon the date of its adoption
herein.
Temp. Ord. # 1889
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PASSED, ADOPTED AND APPROVED FIRST READING this 8 day of March, 2000.
PASSED, ADOPTED AND APPROVED SECOND READING this 22 day of March,
2000.
ATTEST:
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CAROL GOL MC/AAE
City Clerk
I ppER��RTI � that�l have
A r ed t i Ord6 anc s to form.
TH/de
tHELL S. KF
City Attorney
JOE SCHREIBER
Mayor
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
C)
EXHIBIT A
UNCONDITIONAL ACCEPTANCE OF FRANCHISE
AND TERMS OF ORDINANCE NO. 6-AOOb—I a
BEFORE ME appeared the undersigned authority who having been duly sworn upon his
oath deposes and states that:
1. The affiant is the Director of Government and Community Relations of
MediaOne's National Markets Group and is a person authorized to execute this document
on behalf of MediaOne of Greater Florida, Inc. ("Franchise").
2. The affiant is submitting this affidavit as a condition precedent to the change
9 in ultimate control of MediaOne of Greater Florida, Inc.'s Cable Television Franchise from
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MediaOne Group, Inc. ("MediaOne") to AT&T Corp. ("Transferee" or "AT&T")
3. Affiant attests the Franchisee shall comply with the terms of this acceptance,
and shall further continue to comply with Cable Television Ordinance No. 99-09 and
amendments thereto of the City of Tamarac, the MediaOne Cable Franchise and all
agreements related thereto, the Ordinance approving the transfer of control of the
Franchise from MediaOne to AT&T, the Agreement pertaining to the Social Contract, all
FCC filings, and all other liabilities, commitments and obligations of MediaOne which exist
prior to the transfer or as condition of the transfer.
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4. Affiant shall submit cost recovery, estimated in the amount of $9,000.00, for
all costs incurred by the City directly or indirectly related to the considering and processing
of the MediaOne/AT&T transfer application and the transfer process including, but not
limited to, consulting fees and legal fees in accordance with Cable Television Ordinance
No. 99-09, the MediaOne franchise and the Ordinance approving the transfer from
MediaOne to AT&T.
5. Affiant shall assume performance of all of the current Franchisee's
obligations and liabilities under the Ordinance, known and unknown, and under the current
• cable television franchise and amendments thereto, known and unknown.
6. Franchisee shall cooperate in any franchise fee compliance inquiry in
connection with any possible franchise fee averages that may have arisen or that may
arise through the exclusion of certain revenue streams, regardless of whether such
arrearage arose prior to the effective date of the Ordinance approving the transfer of
control of the Franchise from MediaOne to AT&T.
7. Franchisee shall comply with all other applicable legal requirements, including
carriage of broadcast digital and high definition television signals, and interconnection of
the cable system with potential competitors for purposes of sharing cable PEG channels as
• required by the Franchise Agreement or applicable law.
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8. Franchisee acknowledges that the Legislative History of the 1992 Cable Act
contemplates that the City shall address any deficiencies in service, including non-
compliance, at the time of transfer. The Franchisee agrees that it continues to be
responsible for any and all non-compliance under the current Franchise, the ordinance, or
any other enforceable agreement that may now exist or may later be discovered to have
existed during the term of the Franchise even if prior to the closing of the transfer of control
from MediaOne to AT&T.
9. The Franchisee agrees that the City does not waive any right to compliance
• with the Franchise by Franchisee and Franchisee hereby assumes responsibility for any
and all non-compliance under the current franchise that may now exist or may later be
•
discovered to have existed during the term of the franchise even if prior to the closing of
the transfer of control.
10. Franchisee unconditionally accepts all terms and conditions of Ordinance
No. .100--)-t.
11. Thus, Exhibit A may be signed in counterparts.
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•
Mar 14 pq 02:03P 954 533 5121
Medisonr Plantation 954-533-5121
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FURTHER AFFIANT SAYETH NOT.
Medloone of Greater Florida, Inc_
("Grantee")
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The undersigned hereby acknowledges execution of this affidavit by Franchisee and
agrees that it shall not cause Franchisee to take any action whicn would result In
Franchisee's non-compliance with the lawful requirements of Ordinance Oglm and
this affidavit.
AT&T Corp. CAT&T")
by: LgXett
its: VP -Law and Government Affairs
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