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HomeMy WebLinkAboutOrdinance 511 Television Franchise ORDINANCE NO. 511 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RENEWING THE WINTER SPRINGS COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE AND/OR FIBER OPTIC NETWORK TO AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION D/B/A CABLEVISION OF CENTRAL FLORIDA AND/OR CV, AS AMENDED, FOR A TEN YEAR PERIOD OF TIME, AND PROVIDING FOR AMENDMENTS TO SAID FRANCHISE ORDINANCE; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, Ordinance No. 65, commonly referred to as the Cablevision Franchise Ordinance, established a non-exclusive franchise existing between the City and Seminole Cablevision, Inc., its successors and assigns, which has been modified, from time to time, by Ordinance No. 172 and Resolution No. 213; and WHEREAS, the cable television franchise, as amended, terminates on December 31, 1991; and WHEREAS, said Community Antenna Television system has been operated in accordance with the terms and provisions of the franchise set forth in Ordinance No. 65, and as amended with Ordinance No. 172 and Resolution No. 213; and WHEREAS, Section 166.046, Florida Statutes, requires municipali ties to consider certain criteria at public hearing when granting cable service franchises and City has considered such criteria; and WHEREAS, the City and the Grantee desire and wish that the franchise be renewed for a ten year period of time, subject to the franchise agreement being amended as set forth herein, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1: That the franchise granted pursuant to Ordinance NO.65, as amended by Ordinance No. 172 and Resolution No. 213, being the Winter Springs Community Antenna Television Franchise Ordinance, is hereby renewed for a ten year period of time from the date of its present expiration, December 31, 1991, and is amended as follows: 1. Section 3, c is hereby amended to increase the coverage as follows: 1 - $500,000 for bodily injury or death to anyone person, within the limit, however, of $1,000,000 for bodily injury or death resulting from anyone accident. 2 - $500,000 for property damage resulting for anyone accident. 3 - $500,000 for all other types of liability. ( 1 ) 2. Section 10 is hereby repealed and readopted as follows: To the extent Congress delegates to Cities the authority to engage in the regulation of cable television rates, the City shall have the right to engage in such regulation. Procedures for regulation shall be agreed upon between the City and the Grantee. 3. Section 4 is hereby amended to include: g) - Marketing Practices - The Grantee agrees not to offer the negative marketing option. SECTION 2: All ordinances or parts of ordinances in conflict herewith or with Federal or State law are hereby repealed. SECTION 3: This Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTION this 28th day of October, 1991. FIRST READING: September 23, 1991 SECOND READING: October 28, 1991 and Public Hearing Posted September 26, 1991. PHILIP A. KULBES, MAYOR CITY OF WINTER SPRINGS ATTEST: Mary T. Norton CITY CLERK ( 2 ) The Or1ando Sentinel PublUhed Daily AItamonte Sprinp, Seminole County, Florida ADVERTISING CHARGE $44.37 ~tate of 1lorina} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared .T 11 ,q nit. ,q R 0 sAd 0 clay NOTICE OF PU8UC HEARING CITY OF W1MTER SPRINGS, FLORIDA NOTICE IS HEREBY GIVEN ~ the Cily Commission of the City of Winter Se!1ngs Florida that said Commilslon will hold a PubiIC Hearing on an ordl. nanCe entltled as follows: ORDINANCE 'NO.. 511 AN ORDINANCE Of' TI1!! CITY OF WINTER SPRINGS, Fl,.0R1DA, RE- .NEWING THE WINTER SPRINGS COMMUHlTYANTENNA TELEVI. SION FRANCHISE ORDINANCE AND/OR FIBER OPTIC NElWORK TO AMERICAN TElEVISION AND COMMUNICATIONS CORPORA. TlONS D/B/A CAB~EVISION OF CENTRAL FLORIDA AND/OR CV, AS AMENDED FOR A TEN YEAR PERIOD OF TIME, AND PROVl[).. tNO FOR AMENDMENTS TO SAID. FRANCHISE ORDINANCE; PRO. VlDING FOR CONFUCTS AND EF. FECTIVE DATE. . , this PubliC Hearing wl\I be held III 7:30 p.m, on October 28. 1991, or as soon thereafter as poesIbIe in the C0mmIs- sion Chamber, City Hall, 1126 East S. It 434, Winter Springs, FL327lll!. Copies of the proposed ordInance are available In the oflIce of the City Clerk for Inspec:tlon. Interested parties may appear III this hearing and be heard with respec:t to this proposed ordinance. ~ are IIdvIsecIlhal if they decide to appeal any ~ made during \he hearing, they will need a re- cord of \heproc:eedlngs and tor such ~==~"'::~.::: made which reoord Includas the lestl- ITlOI'\r and eIlidence upor1 whk:h \he ap- pea Is to be bas!,d per Section 286,0105 Florida SlalUles. OIlled this 6th day of OQIober, t991. CITY OF'WINTER SPRINGS FLORIDA ~MIIrJ. ~~ Cily Clerk lS-925(6s) Oct,6,l911 vertisement, being 8 published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- public hearing she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper , who on oath says that Ordinance No. 511 in the matter of in the Court, was published in said newspaper in the issues of October 6, 1991 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of one year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this od_tfO'publim.oo~~ ~ Sworn to and subscribed before me this 7th of Oct 0 b e r A.D., 19 9 1 ~n6Fida~'I.rte~ / N'1~"', t9I$ry Publi ''1 '.ommission Expires August 28. c , . . Brown & Brown, Inc. J ..... ... 1,,6 J ~ FORM NO. AD-264 / r 'a ORDINANCE NO. ~~ AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, RENEWING THE WINTER SPRINGS COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE AND/OR FIBER .OPTIC NETWORK TO AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION D/B/A CABLEVISION OF CENTRAL FLORIDA AND/OR CV, AS AMENDED, FOR A TEN YEAR PERIOD OF TIME, AND PROVIDING FOR AMENDMENTS TO SAID .FRANCHISE ORDINANCE; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, Ordinance No. 65, commonly referred to as the Cablevision Franchise Ordinance, established a non-exclusive franchise existing between the City and Seminole Cablevision, Inc., its successors and assigns, which has been modified, from time to time, by Ordinance No. 172 and Resolution No. 213; and WHEREAS, the cable television franchise, as amended, terminates on December 31, 1991; and WHEREAS, said Community .Antenna Television system has been operated in accordance with the terms and provisions of the franchise set forth in Ordinance No. 65, and as amended with Ordinance No. 172 and Resolution No. 213; and WHEREAS, Section 166.046, Florida Statutes, requires municipalities to consider certain criteria at public hearing when granting cable service franchises and City has considered such criteria; and WHEREAS, the City and the Grantee desire and wish that the franchise be renewed for a ten year period of time, subject to the franchise agreement being amended as set forth herein, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: SECTION 1: That the franchise g Ordinance No.65, as amended by Ordinance No. No. 213, being the Winter Springs Community Franchise Ordinance, is hereby renewed for a time from the date of its present expiration, and is amended as follows: ranted pursuant to 172 and Resolution Antenna Television ten year period of December 31, 1991, 1. Section 3, c is hereby amended to increase the coverage as follows: 1 - $500,000 for bodily injury or death to any one person, within the limit, however, of $1,000,000 for bodily injury or death resulting from any one accident. >. - $500,000 for property damage resulting for any one accident. 3 - $500,000 for all other types of liability. (1) ,~ . r 3 1 i i AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION (a wholly owned subsidiary of Time Incorporated) By Hen J. G r en, Vice President, Secretary an Counsel SWORN TO AND SUBSCRIBED BEFORE ME THIS ?(~ DAY ~ OF ~~'l i' .r / ~ .~ 1979. -.. /;~~ .~ ~--= ., Notary Public My commission expires: ~=r "~`~-~~Z-