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Res No 150-96-9904•1 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROGRAM MATERIAL TO BE BROADCAST ON CABLE CHANNEL 5, ADOPTING CRITERIA BY WHICH MATERIAL WILL BE REVIEWED BY THE CABLE REVIEW COMMITTEE. WHEREAS, the City Commission passed a resolution creating a Cable Review Committee, and; WHEREAS, the Cable Review Committee drafted criteria and an application process to review material that is submitted for broadcast, and that criteria has been reviewed by the City Attorney, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby adopts and approves the criteria attached hereto, providing guidelines for the Cable Review Committee to determine whether material submitted for broadcast is appropriate. Section 2. This resolution shall take effect immediately upon approval. PASSED AM ADOPTED this 20th day of August —1 1996. READ AND APPROVED AS TO FORM: CITY ATTORNEYO ' Vice Mayor R•• aina: Yea Commissioner Price: Yea Commissioner Bethel- Yea Commissioner Young: Yea CITY OF SOUTH"MIAMI 6130 Sunset Drive, South Miami, FL 33143 TO: Mayor and Commission FROM: Eddie Cox, City Manager DATE: RE: August 13, 1996 Agenda Item #�0 Commission Meeting August 20, 1996 Cable Review Criteria A few weeks ago, you approved the creation of a Cable Review Committee. Julio Robaina, Jim Cowen, and Diana Morris were appointed to serve on that committee. They have held several meetings, drafted criteria, submitted it to Mr. Gallop for review, and incorporated his suggestions into the criteria presented to you as an attachment to this resolution. believe this establishes fair guidelines to allow public access, while providing restrictions to insure that material presented on the City's cable channel is appropriate, informative, and recommend you is of community r approval. -wide interest. . o G r f Minutes Cable Review Committee August 6, 1996 6:30 p.m. Members: Diana Morris, Chairman Julio Rob aina Jim Cowen Mrs. Morris convened the meeting at 6:40 p.m. Members Present: Diana Morris Jim Cowen The first order of business was review and discussion of the revised criteria for review of broadcast material for Cable Channel 5. The City Attorney reviewed the first draft of the criteria presented to the committee by Mrs. Morris. His comments and recommendations were incorporated into the draft document, and distributed to members of the committee prior to the scheduled August 6 meeting. The committee voted 2 -0 in favor of adopting the revised criteria which will be presented to the Commission for final adoption. This item will be on the August 20 agenda. The Florida Medical Quality Assurance, Medicare Review for the U. S. Federal Government gave the city eight 30- minute video tapes on various subjects related to Medicare. These videos were reviewed, and 3 were approved by the Committee for broadcast on Cable Channel 5. The titles approved are: Understanding your Medicare Rights - for Medicare Recipients and Their Families; Guide for Working through the Medicare and Social Security Systems; Understanding Advance Directives, Including Living Wills for Medicare Recipients and Their Families. The meeting was adjourned at 7:15 p.m. Adopted Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 is attached to these minutes. - e r C riteria - Access to Cable Channel 5 by Community Groups /Organizations A Cable Broadcast Review Committee composed of three members will serve as a review mechanism for all material submitted for broadcast or display on Cable Channel s by any organizations. One Commissioner and two City staff will serve on the Committee. Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/disiplay. 1) Broadcast material must be created by the city or by another governmental entity, or sponsored by the City, and must have the characteristics of one of the following: (a) governmental program; (b) educational program; and, (c) community interest program. 2) Presentations for broadcast must be of community -wide interest. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public office, or contain commercial advertisement or messages, or contain obscene or offensive material. No candidate for any political race may appear on any program regardless of the purpose or message of the program. 4) No non -city appointed committee or group shall be allowed to use this medium to further their views or to boost membership. 5) Broadcast material shall not exceed 30 minutes in length, and must contain credits at the end of the program. 6) The Cable Broadcast Review Committee shall determine the appropriate number of times a broadcast will be repeated. The Cable Broadcast Review Committee will present its recommendation to the City Manager for final approval or disapproval. ......................... . • 0 1 City of South Miazni - 6130 Sunset Dr. -South Miami, FL 33143 (Return completed application to City Manager's Office) Application for Approval of Public Interest Broadcast Material for City of South Miami Cable Channel 5 Persons or organizations wishing to have material considered for broadcast must submit subject matter and/or script for review by Cable Broadcast Review Committee. If broadcast or display is desired for a specific date(s), material must be submitted at least 30 days prior to date of requested first broadcast/display, To be considered for sponsorship by the City, an organization which desires to have its material broadcast by the City must be a currently active not - for - profit, federally tax- exempt organization. 1) Broadcast material must be created by the City, by another government entity, or sponsored by the City. 2) Material presented for broadcast must have the characteristics of one of the following: (a) governmental program; (b) educational program; and (c) community interest program. 3) Programs must not contain political advertisement, or tend to support or promote any party or candidate for public office, or contain commercial advertisement or messages, or contain obscene or offensive material. No candidate for any political office may appear in any program regardless of the purpose or message of the program. The city reserves the right to reject any program for any reason. 4) Broadcast material shall not exceed 30 minutes in length, and must contain credits at the end of the program. 5) The Cable Broadcast Review Committee shall determine the number of times a broadcast will be repeated. Date of Application Name of organization Address Name of primary contact for this project Phone Number(s) Video Character Display Length of planned broadcast App. Rec'd by Initial by City Employee receiving application Live Broadcast If C e � Subject Provide script or detailed plan of subject matter (attach sheet if necessary) Credits must appear at the end of the prooram and may not be more than 30 seconds in length. Applicant must retain a cony of the tape. i tv is not resnonsi b l e for lost or damazed tapes. - Warranties and Representations: A. Applicant warrants that the program being submitted for presentation on South Miami's Cable Channel complies with and meets the requirements of the programming rules and regulations of the Federal Communications Commission. B. Applicant expressly warrants that the program: 1) does not contain obscene or indecent material 2) does not contain advertisement of or providing information concerning any lottery. 3) does not contain advertisement promoting a commercial product. 4) does not contain advertisement nor does it promote a candidate for political office. C. Applicant warrants that the program does not contain material, statements, pictures, or representations which are known or should have been known -to be untrue or to constitute liable or slander. D. Applicant warrants that the program being submitted is not copyrighted material and/or does not contain copyrighted material, or that applicant has obtained a clearance for the copyrighted material. Applicant agrees to hold harmless and indemnify the City of South Miami for all expenses, including reasonable attorneys fees incurred by the City in defending itself from claims or charges under copyright laws, FCC rules and regulations, laws of liable and slander, laws pertaining to rights of privacy and other claims or charges against the City arising from or caused by the presentation of applicant's material on the City's cable channel. Applicant's Signature Applicant certi ies that the foregoing has been of the City's cable channel and that applicant Date read and that applicant understands the rules governing the use is bound by their rules and this agreement. Review Date Committee Recommendation Number of times program will run City Manager Approved From to, Disapproved DATES