Loading...
HomeMy WebLinkAboutVI(A) Public Hearing Resolution No. 2003-22 Adelphia Cable Television Franchise Agreement Agenda 11-04-2003 Mayor Center of GoodIt VI A � L�y�g Commissioner S. Scott Vandergrift � Danny Howell, District 1 Scott Anderson, District 2 City Manager + ;~ Rusty Johnson, District 3 Jim Gleason f 'x j ' ; Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Janet G. Shira,Assistant to the City Manager DATE: October 17, 2003 RE: Adelphia Cable Television Franchise Agreement ISSUE Should the Honorable Mayor and City Commissioners approve the attached Resolution for a franchise for Adelphia Cable Television? BACKGROUND/DISCUSSION Adelphia has requested a cable television franchise for a limited area of Ocoee. Exhibit "A"of the Resolution provides the legal description for the franchise area. The area is more generally described as the new Westyn Bay development which has been approved for 684+/-units. The terms of the franchise agreement are comparable to the current franchise with Bright House Networks. The major difference in the franchise agreements is the territory they would serve. Where Bright House Network's franchise includes the entire Ocoee city limits,the Adelphia franchise has been drafted to include only the property contained in Exhibit"A". The Adelphia franchise agreement does require the two government channels as well as a$30,000 contribution to OGTV-Channel 10 to assist the station in bringing government television to the residents in the franchise area. That financial contribution may be used for equipment,personnel, and/or operating costs. The franchise requires the same level of customer service commitment from the cable operator as is required from the existing franchise holder(Bright House Networks). As a courtesy,Bright House Networks was mailed a copy of the draft franchise in September. On October 7th,the City's special legal counsel mailed a letter to the Bright House legal counsel requesting that they contact the City prior to the public hearing if they have any questions or concerns. To date,they have not contacted the City. RECOMMENDATION Staff respectfully recommends that the City Commission approve Resolution 2003-22. Cc: Jim Gleason, City Manager Mary Sneed,Fowler&O'Quinn, Special Counsel, City of Ocoee Chuck Blaine,Adelphia Copy of Public Hearing Advertisement Date Published Orlando Sentinel H2OOrlando Sentinel w THURSDAY, OCTOBER 2, 2003 Hi 3 w THURSDAY, OCTOBER 9,2003 Advertisement CiTY OF OCOEE,FLORIDA CITY OF OCOEE FLORIDA NOTICE OF PUBLIC REARING NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF TO CONSIDER THE ADOPTION OF PROPOSED RESOLUTION PROPOSED RESOLUTION TO WHOM IT MAY CONCERN: TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by NOTICE IS HEREBY GIVEN by the City of Ocoee,Florida,that the the City of Ocoee,Florida,that the City Commission will hold a public City Commission will hold a public hearing in the Commission Cham- hearing in the Commission Cham- bers at City Hall,150 N.Lakeshore bers at City Hall,150 N.Lakeshore Drive,Ocoee,on Tuesday,November 4, Drive,Ocoee,on Tuesday,November 4, 2003,at 7:15 pm or as soon thereof- 2003,at 7:15 p.m.,or as soon thereof- ' ter as possible, to consider the ter as possible, to consider the adoption of Resolution No.2003.22 adoption of Resolution No.2003-22 entitled: entitled: A RESOLUTION OF THE CiTY OF OCOEE, A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, APPROVING A FRANCHISE , FLORIDA, APPROVING A FRANCHISE AGREEMENT WiTH TELESAT ACQUISITION AGREEMENT WITH TELESAT ACQUISITION LIMITED PARTNERSHIP,D/B/A ADELPHIA LIMITED PARTNERSHIP,D/B/A ADELPHIA CABLE COMMUNICATIONS,(ADELPHIA@) CABLE COMMUNICATIONS,(ADELPHIA@) PURSUANT TO THE CITY OF OCOEE,RORI- PURSUANT TO THE CITY OF OCOEE,FLORI- DA,CABLE TELEVISION CODE,ADOPTED DA,CABLE TELEVISION CODE,ADOPTED BY ORDINANCE NO 99.37,TO OWN,OPER- BY ORDINANCE NO 99-37,TO OWN,OPER- ATE AND MAINTAIN A CABLE TELEVISION ATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CiTY OF OCOEE,FLORIDA, SYSTEM IN THE CITY OF OCOEE,FLORIDA, AND SETTING FORTH SUCH CONDITIONS AND SETTING FORTH SUCH CONDMONS ACCOMPANYING THE GRANT Of SUCH ACCOMPANYING THE GRANT OF SUCH FRANCHISE AND PROVIDING FOR REGULA- FRANCHISE AND PROVIDING FOR REGULA- TION AND USE OF SUCH SYSTEM;PRO- TION AND USE OF SUCH SYSTEM;PRO- VIDING FOR CONFLICTS,PROVIDING FOR VIDING FOR CONFLICTS,PROVIDING FOR SEVERABILITY;AND PROVIDING A SAY- SEVERABILITY;AND PROVIDING A SAV- INGS CLAUSE;AND AN EFFECTIVE DATE INGS CLAUSE;AND AN EFFECTIVE DATE THEREFORE. THEREFORE- The proposed resolution is on file in The proposed resolution is on file in the office of the City Clerk and the office of the City Clerk and maybe Inspected by the public be- maybe inspected by the public be- tween 8:00 a.m.and 5:00 p.m.,Mon- be- tween 8:00 a.m.and 5:00 p.m.,Mon- day through Friday,except legal day through Friday,except legal holidays- holidays. At the reading of the resolution,in- At the reading of the resolution,In- terested parties may appear and be terested parties may appear and be heard with respect to the proposed heard with respect to the proposed resolution.The hearing on such res- resolution.The hearing on such res- olution may be continued from time olution may be continued from time to time until final action is taken by to time until final action is taken by the City Commission.If anyone de- the City Commission.If anyone de- cides to appeal any decision on this cides to appeal any decision on this resolution,he will need to ensure resolution,he will need to ensure that a verbatim record of the pro- that a verbatim record of the pro- ceedings is made which includes ceedings is made which Includes the testimony and evidence upon the testimony and evidence upon which the appeal is to be based. which the appeal is to be based. Persons with disabilities needing Persons with disabilities needing assistance to participate In any of assistance to participate In any of these proceedings should contact theseproceedingsshould contact the City Clerk's Office 48 hours in the City Clerk's Office 48 hours In ' advance of the meeting at(407)905- advance of the meeting at(407)905- 3105. 3105. Jean Grafton,City Clerk Jean Grafton,City Clerk OLS5270374 1012 9.16,23,2003 OLS5270374 10/2,9,16,23,2003 st Copy of Public Hearing Advertisement Date Published H 14 Orlando Sentlnel H18 Orlando Sentinel w THURSDAY, OCTOBER 16,2003 w THURSDAY, OCTOBER 23,2003 Advertisement CiTY OF OCOEE FLORIDAI CITY OF OCOEE FLORIDA NOTICE OF PUBLIC HEARING I NOTICE OF PUBUC HEARING TO CONSIDER THE ADOPTION OF TO CONSIDER THE ADOPTION OF PROPOSED RESOLUTION PROPOSED RESOLUTION TO WHOM IT MAY CONCERN: TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by NOTICE IS HEREBY GIVEN by the City of Ocoee,Florida,that the the City of Ocoee,Florida,that the City Commission will hold a public City Commission will hold a public hearing in the Commission Cham- hearing In the Commission Cham- bers at City Hall,150 N.Lakeshore hers at City Hall,150 N.Lakeshore Drive,Ocoee,on Tuna',November 4, Drive,Ocoee,on Tuesday.November 4, 2003,at 7:15 pm,or as soon thereof- 2003,at 7:15 p.m,or as soon thereaf- ter as possible, to consider the ter as possible, to consider the adoption of Resolution No.2003-22 adoption of Resolution No.2003-22 entitled: entitled: A RESOLUTION OF THE CITY OF OCOEE, A RESOLUTION OF THE CiTY OF OCOEE, FLORIDA, APPROVING A FRANCHISE. FLORIDA. APPROVING A FRANCHISE AGREEMENT WITH TELESAT ACQUISITION AGREEMENT WITH TELESAT ACQUISMON LIMITED PARTNERSHIP,D/B/A ADELPHIA LIMITED PARTNERSHIP,D/B/A ADELPHIA CABLE COMMUNICATIONS.(ADELPHIAO) CABLE COMMUNICATIONS,(ADELPHIA@) PURSUANT TO THE CITY OF OCOEE FLORI- PURSUANT TO THE CITY OF OCOEE FLORI- DA.CABLE TELEVISION CODE.ADOPTED DA.CABLE TELEVISION CODE,ADOPTED BY ORDINANCE NO 99-37,TO OWN,OPER- BY ORDINANCE NO 99-37.TO OWN,OPER- ATE AND MAINTAIN A CABLE TELEVISION ATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OCOEE,FLORIDA, SYSTEM IN THE CITY OF OCOEE.FLORIDA, AND SETiING FORTH SUCH CONDITIONS AND SETTING FORTH SUCH CONDITIONS ACCOMPANYING THE GRANT OF SUCH ACCOMPANYING THE GRANT OF SUCH FRANCHISE AND PROVIDING FOR REGULA- FRANCHISE AND PROVIDING FOR REGULA- TION AND USE OF SUCH SYSTEM;PRO- TION AND USE OF SUCH SYSTEM;PRO- VIDING FOR CONFLICTS,PROVIDING FOR VIDING FOR CONFLICTS,PROVIDING FOR SEVERABILITY;AND PROVIDING A SAV- SEVERABILITY;AND PROVIDING A SAY- INGS CLAUSE;AND AN EFFECTIVE DATE INGS CLAUSE AND AN EFFECTIVE DATE THEREFORE THEREFORE The proposed resolution is on file in The proposed resolution is on file in the office of the City Clerk and the office of the City Clerk and maybe inspected by the public be- maybe Inspected by the public be- tween 5:00 a.m.and 5:00 p.m.,Mon- i 8:00 a.m.and 5:00 p.m.,Mon- • day through Friday,except legal dayay through Friday,except legal holidays. holidays. At the reading of the resolution,in- At the reading of the resolution,in- terested parties may appear and be terested parties may appear and be heard with respect to the proposed heard with respect to the proposed resolution.The hearing ori such res- I resolution.The hearing on such res- olution may be continued from time olutlon may be continued from time to time until final action Is taken by to time until final action is token bythe City Commission.If anyone de- the City Commission.If anyone de-o- cides to appeal any decision on this tides to appeal any decision on this resolution,he will need to ensure resolution,he will need to ensure that a verbatim record of the pro- that a verbatim record of the pro- ceedings is made which includes ceedings is made whid includes the testimony and evidence upon the testimony and evidence upon which the appeal is to be based. which the appeal is to be based. . Persons with disabilities needing Persons with disabilities needing assistance to participate in any of assistance to participate in any of e 1 these proceedings should contact these proceedings should contact the City Clerk's Office 48 hours in , the City Clerk's Office 48 hours In advance of the meeting at(407)905- aadvance of the meeting at(407)905- 3105. Jean Grafton,City Clerk • Jean Grafton,City Clerk a c527297� 1N1-a--4-.16-x-9nn OLS5270374 1W2,9,16,23,2003