Ord. No. 15-95-1588ORDINANCE NO.15-95-1588
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,GRANTING
CABLE SATELLITE OF SOUTH MIAMI,INC.RENEWAL
OF A NON-EXCLUSIVE CABLE TELEVISION LICENSE;
GRANTING A NON-EXCLUSIVE LICENSE AND PRIORITY
SERVICE AREA;GRANTING CERTAIN RIGHTS AND
PRIVILEGES WITHIN THE SERVICE AREA;PROVIDING
TERMS AND CONDITIONS OF THE RENEWAL LICENSE;
PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City of South Miami Commission enacted Ordinance
No.17-79-1039 on July 31 1979,known as the "City of South Miami
Cable Television Ordinance";and,
WHEREAS,theCityCommissionapprovedResolution l^o.49-80-
389B on July 29,1980,granting a non-exclusive cable television
license,fora term of15years,to Cable/Satellite Associates,a
subsidiary of Americable Associates;and,
WHEREAS,ownership of Cable/Satellite Associates transferred
to Cable Satellite of South Miami,Inc.(Cable Satellite)in
February 1987;and,
WHEREAS,Cable Satellite provides cable television service to
approximately 2,200subscribers within the City of South Miami;
and,
WHEREAS,Cable Satellite timely initiated cable license
renewal proceedings under thefederalCable Communications Policy
Act of1984,47U.S.C.section 521,et seq.(Cable Act);and,
WHEREAS,the City commenced formal cable franchise renewal
procedures pursuant to the Cable Act;and,
WHEREAS,the Mayor andthe City Commission find that itisin
the public interest to convert the formal procedures to alternative
cable franchise renewal procedures and to grant a renewal license.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The formal cable franchise renewal procedures
under section 546(a)oftheCableActare terminated andthe
alternative renewal procedures of section 546(h)are invoked.
Section 2.Cable Satellite of South Miami,Inc.is hereby
granted renewal ofa non-exclusive cable television license fora
period of ten (10)years beginning July 30,1995 and ending July
30,2005.Thetermsand conditions ofthe license areset forth in
the City of South Miami "Cable Television Regulations".
Section 3.Pursuant tothe license referred to Section 2,
Cable Satellite of South Miami,Inc.is hereby granted a non
exclusive license area in such area intheCityof South Miami as
isincludedinthefollowing boundaries,whichincludeboththe
Cityanda portion of unincorporated Dade County:
on the north byaline commencing at the Palmetto
Expressway (S.W.77Avenue)and S.W.8 Street
(Tamiami Trail)and running generally west to east
alongS.W.8Streetto S.W.67 Avenue (Ludlam
Road),along S.W.67 Avenue to S.W.24 Street
(Coral Way),and along the city limits of the City
of West Miami to S.W.16 Street and S.W.57 Avenue
(Red Road);
on the east by a line commencing at S.W.16 Street
and S.W.57 Avenue and running generally north to
south along S.W.57 Avenue to S.W.72 Street
(Sunset Drive),along S.W.72 Street to S.W.47
Avenue,along S.W.47 Avenue to Old Cutler Road,
along Old Cutler Road to S.W.88 Street (Kendall
Drive);
on the south by a line commencing atS.W.88 Street
and Old Cutler Road,along S.W.88 Street to S.W.
67 Avenue,along S.W.67 Avenue to S.W.104 Street,
along S.W.104 Street toS.W.87 Avenue (Galloway
Road),along S.W.87 Avenue toS.W.94 Street,
along S.W.94 Street toS.W.97 Avenue,along S.W.
97 Avenue to S.R.874;and
on the west by a line commencing atS.R.874 and
S.W.97 Avenue and running generally south to north
along S.R.874toS.W.78 Street,along S.W.78
Street to S.W.69 Avenue,along S.W.69 Avenue to
S.W.56 Street,along S.W.56 Street to the
Palmetto Expressway,along the Palmetto Expressway
and ending atS.W.8 Street (Tamiami Trail).
Section 4.Cable Satellite of South Miami,Inc.shall have
the right and privilege to install and operate a cable television
system within the priority service area providing that Cable
Satellite of South Miami,Inc.complies with the City of South
Miami Cable Television Regulations,and all rules and regulations
included in,or adopted pursuant to,the provisions of the City
Code.
Section 5.Allpastandfutureauditdiscrepanciesand
license fee recomputations,if any,shall remain the responsibility
of Cable Satellite of South Miami,Inc.,its successors or assigns.
Section 6.Nothingcontainedhereinshallinanyway
preclude the City Commission from taking any actions in accordance
withthepower,authority,and jurisdiction provided the Commission
as prescribed within theCodeofOrdinances,including butnot
limitedto granting newlicenses,amending existing licenses,
and,or,repealing existing licenses.
Section 7.Ifanysection,clause,sentence,or phrase of
this ordinance isfor any reason held invalid or unconstitutional
byacourtofcompetent jurisdiction,theholdingshallnotaffect
the validity ofthe remaining portions ofthis ordinance.
Section 8.All ordinances or parts of ordinances in
conflict with theprovisionsofthis ordinance are hereby repealed.
Section 9.This ordinance shall take ef f
the time ofits passage.
PASSED AND ADOPTED this H^day of September,1995.
APPROVED:
ATTEST:
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CITY CLERK
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
cablelic.ord
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1st Reading August 15,1995
2nd Reading September 19,1995
MAYOR
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COMMISSIONER CUNNINGHAM YEA ^NAY
immediately at
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