52-95 ORDINANCE NO. 52-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 93, "CABLE
TELEVISION", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 93.27, "SERVICE TO
SCHOOLS, PUBLIC BUILDINGS", TO PROVIDE FOR FREE CABLE
SERVICE TO ALL PUBLIC BUILDINGS WITHIN THE cITY OF
DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 93.27 of the City Code,
companies holding franchises allowing them to provide cable service to
the residents of the City are required to provide basic cable service,
free of charge, to public schools, fire stations, police stations and
city administration buildings located within the City limits; and
WHEREAS, the City desires that this section be clarified to
express the clear intent of the ordinance to provide basic cable
service to all buildings owned by the City of Delray Beach free of
charge, which would include, but not be limited to, schools, fire
stations, police stations, administration buildings, community centers
and clubhouses for golf courses or tennis courts; and
WHEREAS, the City Commission deems it to be in the public
interest to be able to provide programming for an educational or
governmental purpose to the residents of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 93, "Cable Television", Section
93.27, "Service to Schools, Public Buildings", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
The grantee shall install and provide basic service through
one basic standard drop to each public school, fire station, police
station~ ~ city administration building, community center, clubhouse
for any city owned golf course or tennis stadi~ .or a~y other city
owned building within the City located within the grantee's territory
for educational or governmental purposes upon request by the City and
at no cost to the City or to the public school system. Any internal
distribution system within the buildings to which the free service is
provided shall be at the expense of the party receiving the service
and will be installed by the grantee at cost upon request. However,
in each fire station included in the grantee's area, the grantee, at
the City's request, shall provide one additional service drop at no
cost to the City and, if any one or more of the City Commission
chambers, City civic center, City adult center, and the Public Works
building are included in the grantee's area, the grantee, at the
City,S request, shall install two standard service drops at reasonably
accessible locations in each such building within its area at no cost
to the City. .The grantee may, at its election, provide similar
services without cost to private schools, including parochial or other
religious schools.
~ That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word 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.
~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 19th day of September , 1995.
ATTEST:
First Reading September 5, 1995
Second Reading September 19, 1995
- 2 - Ord. No. 52-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /0'~'- MEETING OF SEPTEMBER 19.. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 52-95
(CABLE TELEVISION)
DATE: SEPTEMBER 14, 1995
This is second reading and public hearing for Ordinance No. 52-95
which amends Chapter 93, "Cable Television", of the City Code to
provide for free cable service to all public buildings within the
city.
As currently written, Section 93.27, "Service to Schools, Public
Buildings", provides that companies holding franchises which
allow them to provide cable service to the residents of the city
are required to provide basic cable service, free of charge, to
public schools, fire stations, police stations and city
administration buildings located within the city limits. The
proposed amendment will clarify the intent of the ordinance to
provide basic cable service to all buildings owned by the City
free of charge, which would include, but not be limited to,
schools, fire stations, police stations, administration
buildings, community centers and clubhouses for golf courses or
tennis courts.
On September 5, 1995, Commission approved a resolution
authorizing the transfer of Leadership's cable television
franchise to Leadership Acquisition Limited Partnership, an
affiliate of Adelphia Communications. In view of this action,
staff feels it is appropriate to clarify the intent of our
ordinance as it relates to the provision of cable service to
public facilities.
At first reading on September 5, 1995, the Commission passed the
ordinance by a vote of 4 to 0.
Recommend approval of Ordinance No. 52-95 on second and final
reading.
ref:agmemol0
M~MOKANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'~
SUBJECT: AGENDA ITEM ~ I~ - MEETING OF SEPTEMBER 5.
FIRST READING FOR ORDINANCE NO. 52-95/CABLE TELEVISION
DATE: AUGUST 31, 1995
This is first reading for Ordinance No. 52-95 which amends
Chapter 93, "Cable Television", of the City Code to provide for
free cable service to all public buildings within the city.
As currently written, Section 93.27, "Service to Schools, Public
Buildings", provides that companies holding franchises which
allow them to provide cable service to the residents of the city
are required to provide basic cable service, free of charge, to
public schools, fire stations, police stations and city
administration buildings located within the city limits. The
proposed amendment will clarify the intent of the ordinance to
provide basic cable service to ~!1 buildings owned by the City
free of charge, which would include, but not be limited to,
schools, fire stations, police stations, administration
buildings, community centers and clubhouses for golf courses or
tennis courts.
As a separate item on tonight's agenda there is a request for the
Commission's consent to the transfer of Leadership's cable
television franchise to Leadership Acquisition Limited
Partnership, an affiliate of Adelphia Communications. In view of
this action, staff feels it is appropriate to clarify the intent
of our ordinance as it relates to the provision of cable service
to public facilities.
Recommend approval of Ordinance No. 52-95 on first reading. If
passed, a public hearing will be held on September 19, 1995.
ref: agmemo 10