Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

lawful claims of all persons whomsoever. In witness, the party of the first part, Grantor, has executed this deed on the date first above written. Grantor Witness: Evelyn Grace Pritchard, fka Evelyn Grace Sadler Print Name: Witness Printed Name: Sworn or affirmed before me, the undersigned authority, on the _ day of 2006, by Evelyn Grace Pritchard, fka Evelyn Grace Sadler, Grantor, who is personally known to me or produced identification of: Notary Public Prepared by, and approved as to form and legal sufficiency by: Toni L. Craig, Fla. Bar No. 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 Grantee' s federal identification number: 59-6000323 Attorney for City of Fort Walton Beach Grantor' s social security number:  CITY COUNCIL MEETING March 14, 2006 Public Hearing Agenda Consideration of an Ordinance ( 1702) relating to the granting of a franchise for the use of the City's rights- of- way for the construction, reconstruction, operation and maintenance of a cable communications system by Cox Communications Gulf Coast LLC First Reading) ( City Manager) Council Action 1 st 2nd Vote: Agenda Item Number: PH - 1 0  CITY OF FORT WALTON BEACH MEMORANDUM DATE: February 23, 2006 TO: Honorable Mayor and Council Members THROUGH: Joyce Shanahan, City Manager FROM: Suzanne Brownless, Franchise Attorney SUBJECT: Cable Franchise Renewal Background: Ordinance 1404, the Cox Communications Franchise Ordinance, set Cox Communications Gulf Coast, LLC' s ( Cox) franchise term for a period of five ( 5) years ending on April 18, 2005. Pursuant to ~ 626 of the Telecommunications Act, the City held a public hearing on the renewal of Cox' s franchise on May 13, 2003 in order to determine the quality of service offered by Cox during the franchise term and to determine the types of cable and data services the Fort Walton Beach community were interested in receiving in the future. Taking the public' s concerns into consideration, a new cable franchise for a period of five years has been negotiated by City Staff for the Council's approval. Proposed Ordinance 1702 is the proposed renegotiated Cox cable franchise agreement. Discussion: A summary of the major components of the proposed Ordinance is as follows: 1. The term is for five ( 5) years extending from April 19, 2005 until April 19, 2010. i. Sec. 6. 2. City shall continue to have a free drop and outlet of basic and extended basic service at no charge at city sites and offices: fire stations, police station, library, Indian Mound Museum, recreation centers, tennis center, public works, golf course and other sites constructed during the term of the contract. Sec. 14. A. 3. Cox shall provide at no charge a 24 hour, dedicated, digital channel ( tentatively Channel 117) within 120 days of the City' s written request. When Cox converts its basic service tier to a fully digital format, this channel shall be relocated to the basic service tier. Secs. 14. B. 2, 148. 3. 4. Cox shall provide the City at no charge with an access equipment grant of $ 10, 000. 00 and video production equipment valued at $ 40, 000. 00. Additionally, Cox shall provide City Staff with up to 100 hours of video production instruction. Further, within 6 months Cox shall provide the City with the ability to originate live or taped programming from City Hall and the Police Department. Secs. 14E, F, G. 5. Until the activation of the digital government access channel, or for up to 2 years after the adoption of this franchise, Cox shall continue to record and broadcast City Council meetings within 48 hours following the regular scheduled City Council meetings at no charge. Sec. 14. E. 1  6. Cox shall continue to provide the City noncommercial, governmental access programming on analog Channel 6 at no charge and to provide the same number of hours of programming as before. Further, upon request by the City, Cox shall provide annual advertising valued at up to 10, 000. 000 to air promotional and public service announcements. Secs. 14E. 1, D. 7. There shall be no charge for these services or materials passed on to the Cox' s subscribers either through a line item charge or by inclusion in the Federal Communications Commission formula used to develop the basic tier rate. Sec. 14G. Recommendation: Staff recommends that the Council adopt Ordinance 1702, the 2006 Cox Communications Franchise Ordinance. Respectfully submitted: Suzanne Brownless Franchise Attorney L~// Concur Do Not Concur J;1/.() (,-. Date c: 5130 2  ORDINANCE NO. 1702 1 AN ORDINANCE OF THE CITY OF FORT WALTON 2 BEACH, FLORIDA, RELATING TO THE GRANTING OF A 3 FRANCHISE FOR THE USE OF THE CITY"S RIGHTS- OF- 4 WAY FOR THE CONSTRUCTION, RECONSTRUCTION, 5 OPERATION AND MAINTENANCE OF A CABLE 6 COMMUNICATIONS SYSTEM WITHIN THE CITY BY COX 7 COMMUNICATIONS GULF COAST, L.L.C. ( COX); 8 PROVIDING FOR AUTHORITY; SHORT TITLE; GRANT 9 OF FRANCHISE; RIGHT OF CITY TO ISSUE 10 FRANCHISE; AN EFFECTIVE DATE OF FRANCHISE 11 AND EFFECT UPON EXISTING FRANCHISE; TERM; 12 NON EXCLUSIVITY; INCORPORATION OF THE CABLE 13 ORDINANCE BY REFERENCE AND RESOLUTION OF 14 CONFLICTS; DEFINITIONS; SERVICE AREA; SYSTEM 15 AND CAPACITY; CONSTRUCTION AND INSPECTION; 16 SYSTEM SERVICES; ACCESS AND INSTITUTIONAL 17 NElWORK; SUBSCRIBER INFORMATION AND RIGHTS; 18 EQUAL EMPLOYMENT OPPORTUNITY; RATES; 19 FRANCHISE RENEWAL; POLICE POWERS; 20 PERFORMANCE SECURITY; REGULATION; REMEDIES; 21 LIQUIDATED DAMAGES; COOPERATION; WAIVER; 22 CUMULATIVE PROVISION; NOTICES; CAPTIONS; NO 23 JOINT VENTURE; ENTIRE FRANCHISE; 24 SEVERABILITY; TIME IS OF THE ESSENCE; 25 CONSTRUCTION OF FRANCHISE; TRANSFER OF THE 26 FRANCHISE; AND ADDITIONAL SERVICES. 27 WHEREAS, the City has adopted a Cable Communications Ordinance, Ordinance 28 No. 1382; 29 WHEREAS, the City is authorized to grant one or more nonexclusive, revocable, 30 franchises to construct, reconstruct, operate, and maintain a cable communications 31 system within the City; 32 WHEREAS, the City desires the construction and maintenance of a cable 33 communications system for the benefit of the City and all persons located therein; 34 WHEREAS, the City has received a request for the renewal of the existing 35 franchise from Cox, pursuant to the Cable Act; and 36 WHEREAS, the City, after public hearings and due evaluation, has determined for a 37 that it is in the best interest of the City and its residents to renew the Franchise of Cox 38 five ( 5) year term. 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT 40 WALTON BEACH, FLORIDA, AS FOLLOWS: 41 SECTION 1. AUTHORITY. The authority for the enactment of this ordinance is 42 Article VIII, 92( b), Florida Constitution, and 9166. 021, Florida Statutes. SECTION 2. SHORT TITLE. This ordinance shall be known and may be cited as 43 44 the Cox Communications Franchise Ordinance.  1 SECTION 3. GRANT OF FRANCHISE. 2 A. Cox is hereby granted for itself and its successors and assigns, subject to 3 the terms and conditions of this Franchise, the right, privilege, and authority to construct, 4 operate, maintain, and reconstruct a cable communications system within the streets, 5 alleys, and public ways of the City. Cox shall provide a City-wide cable communications 6 system to the residents and institutions of the City in accordance with this Franchise. 7 B. This Franchise is subject to the Cable Communications Ordinance, 8 Chapter 10- 40 of the Fort Walton Beach City Code ( hereafter referred to as the " Cable 9 Ordinance"). Nothing in this Franchise shall be deemed to waive the requirements of the 10 various codes and ordinances of the City regarding permits, fees to be paid, or manner of 11 construction of the cable communications system. 12 C. For the purpose of operating and maintaining a cable communications 13 system in the City, Cox may erect, install, construct, upgrade, repair, replace, reconstruct, 14 and retain in, on, over, under, or upon, across and along the public streets, alleys, and 15 ways within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, 16 amplifiers, appliances, pedestals, attachments, power supplies and other property and 17 equipment as are necessary and appurtenant to the operation of the cable 18 communications system in conformance with the City's specifications. Prior to any 19 construction, relocation, or alteration of the cable communications system, Cox shall file 20 plans with the Public Works Department and shall receive all required regulatory approvals 21 or permits before proceeding. 22 SECTION 4. RIGHT OF THE CITY TO ISSUE FRANCHISE. 23 Cox acknowledges and accepts the legal right of the City to issue this Franchise. 24 SECTION 5. EFFECTIVE DATE OF FRANCHISE, EFFECT UPON EXISTING 25 FRANCHISE. 26 The effective date of this Franchise shall be April 19, 2005. Immediately upon 27 taking effect, any prior franchises granted to Cox shall be superseded and of no further 28 force and effect; provided, however, vested rights as described in such franchises shall not 29 be affected thereby. 30 SECTION 6. TERM. 31 The period of this franchise shall be for a period of five ( 5) years from April 19, 32 2005, unless sooner terminated as provided in the Cable Ordinance or this Franchise. 33 SECTION 7. FRANCHISE NONEXCLUSIVE. 34 Consistent with the requirements of the Cable Ordinance, this Franchise shall not 35 be