08-87 ORDINANCE NO. 8-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE
TELEVISION FRANCHISE", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 10-26, "DURATION AND RENEWAL OF FRANCHISE;
APPLICATION AND RENEWAL FEES", BY REPEALING SUB-
SECTION (A), AND ENACTING A NEW SUBSECTION (A) TO
RENEW THE FRANCHISE OF GRANTEE II, SUNBELT
DENNTRONICS CABLE LTD., THE RENEWAL TO COMMENCE ON
JULY 22, 1989 FOR A PERIOD OF FIFTEEN (15) YEARS,
ENDING JULY 22, 2004, UNLESS SOONER TERMINATED AS
PROVIDED WITHIN THIS CHAPTER; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida
has determined that it is in the best interest of the citizens and
residents of the City of Delray Beach to grant a renewal of the
non-exclusive cable television franchise to Sunbelt-Denntronics Cable
Ltd., which franchisee is designated as Grantee II under the City's Code
of Ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida
has complied with the provisions of the Cable Communications Policy Act
of 1984 and Chapter 10, "Cable Television Franchise" of the Code of
Ordinances of the City of Delray Beach, Florida, for renewal of this
non-exclusive franchise; and,
WHEREAS, Grantee II has satisfied the criteria for renewal of
this franchise as required by the Cable Communications Policy Act of
1984 and Chapter 10, "Cable Television Franchise" of the Code of Ordi-
nances of the City of Delray Beach, Florida; and,
WHEREAS, the City Council of the City of Delray Beach, Florida
has held public hearings, and has solicited and received public input at
._advertised public hearings as to the renewal of the franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
~. That Section 10-26, "Duration and Renewal of
Franchise; Application and Renewal Fees", of the Code of Ordinances of
the City of Delray Beach, Florida be and the same is hereby amended by
repealing subsection (a), and that a new subsection (a) is hereby
enacted to read as follows:
(a) Grantee I, whose franchise with the City of Delray Beach,
Florida commenced on July 22, 1974 for a period of
fifteen (15) years to continue until July 22, 1989, is
hereby granted a renewal of said franchise for a period
of fifteen (15) years commencing on July 22, 1989 and
unless sooner terminated, as provided within this chap-
ter, to continue until July 22, 2004. Grantee II, whose
franchise with the City of Delray Beach, Florida
commenced on March 28, 1984 for a period of five (5)
years to continue until July 22, 1989, is hereby granted
a renewal of said franchise for a period of fifteen (15)
years, commencing on July 22, 1989 and unless sooner
terminated as provide within this chapter, to continue
until July 22, 2004. Within thirty (30) days, all
Grantees who have been granted renewal of their
franchise, shall file with the City Clerk, its uncondi-
tional acceptance of this franchise and agreement to
comply with and abide by all its provisions, terms,
conditions, and requirements.
(b) At the termination of the initial franchise, the rights
and privileges granted hereunder may be renewed for the
existing Grantee solely at the election and agreement of
the City for a reasonable period of time after a reevalu-
ation of the terms and conditions of the franchise; the
company shall continue service for a period of six (6)
months beyond the initial franchise period or for such
periods of time as negotiated between the parties, in the
event of a new or renewal franchise has not been granted.
Applications by existing grantees for renewal of the
franchise shall be made at least ninety (90) calendar
days prior to the termination of the franchise.
(c) All applications for the City's Cable Television ~ran-
chise(s) for renewal of the City's Cable Television
Franchise(s) shall be in the form required by the City
and shall be accompanied by a five-thousand ($5,000.00)
dollar non-refundable application fee which shall be used
by the City to process the application and set up the
terms of any new franchise agreements.
(d) Should the grantee fail to comply with subsection (a)
above, it shall have no rights, privileges or authority
under this franchise whatever.
~9~. That should any portion, paragraph, sentence or
word of this amendment be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part declared
to be invalid.
~9_G~. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed.
~9_~. That this ordinance shall become effective immedi-
ately upon its passage upon second and final reading, and such renewal
is made expressly subject to and the City has relied upon same in its
renewal approval, the following covenants by Grantee II:
1. That Grantee II agrees to abide by the five thousand
dollar ($5,000.00) non-refundable application fee, as
required by current ordinance~
2. That Grantee II will be subject to the terms, conditions,
and provisions of any present or subsequent ordinances of
the City as they relate to cable television systems and
service;
3. That Grantee II agrees to abide by the PEG access
requirements, as delineated in the County franchise;
4. That Grantee II agrees to abide by a further written
agreement to be executed between the City of Delray Beach
and Grantee II concerning wiring of City buildings, which
are used for training purposes or which require wiring to
monitor public meetings or events broadcast on cable
television, in the City Council Chambers;
5. That Grantee II covenants to provide the City of Delray
Beach, Florida with free use of a character generator to
facilitate announcements of public hearings, agendas and
other announcements;
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ORD. NO. 8-87
6. That Grantee II agrees that Grantee II's franchise area
shall be described as follows:
Beginning at the intersection of the northern City limit
(L-30) Canal and Barwick Road and proceeding south along
Barwick Road and proceeding south along Barwick Road to a
point 200 feet north of Atlantic Avenue, then east along
that line to Congress Avenue, then south along Congress
Avenue to a point 200 feet south of Linton Boulevard,
then west along that line to the E-4 Canal, then south
along the E-4 Canal to the L-38 Canal then west along the
L-38 Canal to Military Trail then north along Military
Trail to the L-30 Canal and then east to the point of
beginning.
Grantee II may submit a request for expansion of"said
franchise area at a later date.
7. That Grantee II covenants to abide by the revised renewal "
proposal submitted by Grantee as modified by the
provisions and conditions outlined above.
PASSED AND ADOPTED in regular session on second and final
reading on this 24th day of February ~9"~ expressly
providing any wiring and activities outside the scope of the franchise
area shallcease and be eliminated within ninety (90) days from the date
of second reading.
MAYOR
ATTE ST:
First Reading February 10, 1987
Second Reading February 24, 1987
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ORD. NO. 8-87