Resolution 239-2000
RESOLUTION
MONROE COUNTY
RESOLUTION NO.
239-2000
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ACCEPTING THE TERMS AND
CONDITIONS OF THE REMEDIAL PLAN FOR
THE UPGRADE OF THE CABLE SYSTEM
OPERATED BY TCI CABLEVISION OF
SOUTH FLORIDA IN MONROE COUNTY.
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WHEREAS, on September 8, 1998, Monroe County received notification of the proposed
change of control of the TCI Cablevision of Florida, Inc. ("TCI-FL") cable television franchise and
TCI to AT&T; and
WHEREAS, pursuant to Ordinance No. 009-1989 of Monroe County, and the franchise
agreement, no such change of control may occur without prior approval of the Board of County
Commissioners; and
WHEREAS, the County granted its conditional consent to the change of control on February
10, 1999, by adoption of Resolution No. 99-074 (attached hereto as Exhibit A); and
WHEREAS, the consent therein granted was conditioned, in part, upon Franchisee providing
to Monroe County, within thirty (30) days of the effective date of Resolution No. 99-074, a Remedial
Plan acceptable to the County, which would include (1) liquidated damages for failure to comply
with Section 10.1 and 21.1 of the Franchise, to specifically address Franchisee's provision of same
or better features as it offers to any other county or municipality, pursuant to Section 10.1, and a
state-of-the-art system pursuant to Section 21.1 of the Franchise, to the subscribers of Monroe
County; (2) measures for increasing the number of channels available in Monroe County to that level
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offered to subscribers in the Key West franchise within a reasonable time pursuant to Franchisee's
best efforts; and (3) measures to be undertaken to complete the system upgrade of the entire
franchise area to 750 MHZ, and to provide an additional educational channel, equipment,
connections and access services as further described in TCI-FL's Affidavit attached thereto as
Exhibit A; and
WHEREAS, by adoption of Resolution No. 99-074, the County placed Franchisee on notice
of its violation, effective as ofthe date of the Resolution, for failure to timely comply with Sections
10.1 and 21.1 of the Franchise, and further imposed penalties, to accrue at the rate of Two Thousand
Dollars ($2,000.00) per day until Franchisee's completion of the system upgrade referenced above:
and
WHEREAS, pursuant to Resolution No. 99-074, the County and Franchisee agreed that in
the event the Franchisee met its obligations of providing the Remedial Plan to the County within the
prescribed time period, and was negotiating in good faith with the County to adhere to Sections 10.1
and 21.1 of the Franchise Agreement, any liquidated damages assessed or accruing in relation to
these obligations will be held in abeyance; and further, that any failure by Franchisee to fulfill the
obligations to timely provide the Remedial Plan and to negotiate in good faith will result in the re-
institution of said liquidated damages effective as of the notice of violation set forth in Resolution
No. 99-074; and
WHEREAS, Franchisee initially provided the Remedial Plan on April 15, 1999; and
WHEREAS, County and Franchisee have negotiated in good faith on the terms of the
Remedial Plan;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
I. To the extent required, Monroe County accepts the terms of the Remedial Plan for
TCI-FL's Monroe County cable system, as set forth in the Statement of Terms attached hereto as
Exhibit B.
2. That the consent granted herein does not constitute and should not be construed to
constitute a waiver or release of any obligations of TCI under Ordinance No.009-1989 of Monroe
County and the cable television franchise.
3. That the consent granted herein does not and should not be construed to constitute
a waiver of any right of the County under Ordinance No.009-1989 of Monroe County and the cable
television franchise; and further, this consent shall not prejudice the County's rights with respect to
the enforcement, renewal or transfer of the current cable television franchise and any amendments
thereto.
4. That the County's acceptance of the Franchisee's Remedial Plan hereby shall not have
the effect of waiving or releasing Franchisee from any penalties accrued pursuant to Resolution No.
99-074, which penalties shall continue to be held in abeyance pending Franchisee's compliance with
all the terms of the Remedial Plan as set forth in the Statement of Terms attached hereto as Exhibit
B.
5. That the County Commission hereby authorizes the County Administrator to execute
an amendment to the Franchise as set forth in Exhibit C hereto.
6. That this Resolution shall become effective upon the date of its adoption herein.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 26th day of July, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
missioner George Neugent
issioner Mary Kay Reich
sioner Nora Williams
jdres
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
May IChalrperson