156-86 ORDINANCE NO. 156-86
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 10-28, "DURA-
TION AND RENEWAL OF FRANCHISE; APPLICATION AND RENEWAL
FEES", BY REPEALING SUBSECTION (A) AND ENACTING A NEW
SUBSECTION (A) TO RENEW THE FRANCHISE OF GRANTEE I,
FAIRBANKS COMMUNICATIONS, INC., D/B/A LEADERSHIP
CABLEVISION, THE RENEWAL TO COMMENCE ON JULY 22, 1989
FOR A PERIOD OF FIFTEEN YEARS ENDING JULY 22, 2004 UNLESS
SOONER TERMINATED AS PROVIDED WITHIN THIS CHAPTER;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Flori~la has
determined it is in the best interests of the citizens and residents of the City of Delray
Beach to fit'ant a renewal of the non-exclusive cable television franchise to Fairbanks
Communications, Inc., doing business as Leadership Cableviaion, which franchise is
deaig~nated as Grantee I 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 I has satisfied the criteria for renewal of this franchise as
required by the Cable Communications Policy Aet of 1984 and Chapter 10, "Cable Tele-
vision Franchise" of the Code of Ordinances 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 hear-
ings as to the this renewal of the franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 10-26, "Duration and Renewal of Franchise; Applica-
tion 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
commex:ccd on J'uiy 22, 19~'4 for a p~riod of fifteen (15) years to con-
tinue 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 Chapter, to continue
until July 22, 2004. The rights and privileges pursuant to this Chapter
to Grantee II shall be retroactive to March 28, 1984, and shall continue
until July 22, 1989, unless terminated sooner as provided within this
Chapter. Within thirty (30) days, all Grantees who have been granted
renewal of their franchise, shall file with the City Clerk its unconditional
acceptance of this franchise and agreement to comply with and abide by
all of its provisions, terms, conditions, and requirements.
Section 2. 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 effect the validity of the remainder hereof as a whole or part thereof, other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be
the same and are hereby repealed.
Section 4.: That this ordinance shall become effective immediately 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: 1.) The
franchise renewal proposal submitted by Grantee I; 2. ) a further written agreement to
be executed between the City of Delray Beach and Grantee I 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, and the City Council
Chambers; 3.) free use of a character generator to facilitate announcements of public
hearings, agendas and other annOuncements; and, 4. ) that Grantee I 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.
PASSED AND ADOPTED in regular session on second and final reading on this
16th day of December , 1986.
ATTEST:
First Reading December 2, 1986
Second Reading December 16, 1986
ORD. NO. 156-86