Ordinance 005-1973
ORDINANCE NO. 5 -1973
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
AUTHORIZING AND EMPOWERING THE BOARD OF COUNTY
COMMISSIONERS OF SAID COUNTY TO APPLY FOR AND
OBTAIN LICENSES FOR OPERATING TELEVISION BROAD-
CAST TRANSLATOR ST A TIONS IN SAID COUNTY UNDER
SECTION 74. 732 FEDERAL COMMUNICATIONS RULES AND
REGULATIONS, VOLUME 3, DATED SEPTEMBER, 1972 IN
SAID COUNTY AND DEFINING TELEVISION BROADCAST
TRANSLATOR STATIONS; AUTHORIZING SAID BOARD OF
COUNTY COMMISSIONERS TO EXPEND MONIES NECESSAR Y
FOR THE INSTALLATION AND MAINTENANCE OF TELE-
VISION BROADCAST TRANSLATOR STATIONS AND RELATED
TOWERS AND BUILDINGS; EMPOWERING SAID BOARD OF
COUNTY COMMISSIONERS TO PURCHASE OR LEASE LANDS
NECESSARY FOR THE ERECTION OF SAID TELEVISION
BROADCAST TRANSLATOR STATIONS AND TO ENTER INTO
LEASE-PURCHASE, LEASE OR PURCHASE AGREEMENTS
TO OBTAIN FEDERAL LICENSES FOR OPERATION OF SAID
TELEVISION BROADCAST TRANSLATOR STATIONS; AUTHOR-
IZING AND EMPOWERING SAID BOARD OF COUNTY COMMIS-
SIONERS TO HIRE BY CONTRACT OR EMPLOY TECHNICAL
CONSULTANTS AND ENGINEERS NECESSARY TO INSTALL
AND OPERATE SAID TELEVISION BROADCAST TRANS-
LATOR STATIONS; AUTHORIZING AND EMPOWERING THE
MAYOR AND CHAIRMAN AND THE CLERK OF SAID BOARD
TO SIGN ALL DOCUMENTS, INCL UDING WARRANTS FOR THE
EXPENDITURES OF MONEY NECESSAR Y, REQUIRED UNDER
THIS ORDINANCE; REQUIRING PROVISIONS OF THIS ORDINANCE
TO BE LIBERALLY CONSTRUED; REPEALING ALL ORDINANCES,
RESOLUTIONS, RULES AND REGULATIONS IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, has by petition and other means has had called to its attention
the unsatisfactory conditions existing in the reception of direct television
signals now available to the public in said County, and
WHEREAS, there are no television broadcast stations operating in a
close enough proximity to Monroe County to afford any relief from this
condition, and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, now has the opportunity to provide the residents of said County
with adequate and satisfactory direct television reception through television
translator systems, and
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WHEREAS, the Board of County Commissioners of Monroe County,
Florida feels it should provide its citizens the opportunity to obtain a
better life by being more enlightened in the areas of political, cultural,
social and educational commentary, available by broader access to the
television media, and
WHEREAS, that part of Monroe County, Florida which consists of the
Florida Keys is more than 120 miles in length from the County seat in
Key West to the County line and its citizens and visitors are scattered
throughout the islands which constitute this land area, and
WHEREAS, television broadcast translator stations provide the only
means by which signals broadcast by television stations outside of our re-
ceiving area may be re-transmitted to areas in which direct reception of
such television broadcast signals are now denied because of distance, and
WHEREAS, the Board of County Commissioners feel that educational
television is necessary in the development of the educational and cultural
background of the children of the County, and
WHEREAS, the transmission of television signals for direct reception
is regulated by the Federal Communications Commission, and
WHEREAS, the Board of County Commissioners is empowered to
obtain the necessary license under Section 74. 732 of the Federal Communi-
cations Rules and Regulations, Volume 3, dated September, 1972, which
would allow the Board of County Commissioners to correct this present
denial of direct television service to the people of Monroe County,. and
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, are able to finance, install, maintain and operate such a service,
and
WHEREAS, the distance and peculiar geographical features of Monroe
County, Florida make it impossible for its citizens to have broad and
acceptable direct television reception by any other method, now therefore,
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1.
The Board of County Commissioners of Monroe County,
Florida is hereby authorized and empowered to apply for and obtain the
necessary licenses for the operation of television broadcast translator
stations in Monroe County, Florida under Section 74.732 of the Federal
Communications Rules and Regulations, Volume 3, dated September, 1972,
in Monroe County, Florida, said television broadcast translator stations
being defined in Subsection (a) of Section 74.701 of said Federal Communi-
cations Rules and Regulations as follows:
(a) Television broadcast translator station. A station in
the broadcasting service operated for the purpose of
retransmitting the signals of a television broadcast
station, another television broadcast translator station,
or a television translator relay station, by means of
direct frequency conversion and amplification of the
incoming signals without significantly altering any charac-
teristic, of the incoming signal other than its frequency
and amplitude, for the purpose of providing television
reception to the general public.
Section 2. Said Board of County Commissioners is authorized and
empowered to expend County monies necessary for the installation of and
maintenance of television broadcast translator stations and related towers
and buildings.
Section 3. Said Board of County Commissioners is empowered to
purchase, or lease, any lands necessary for the erection of said television
broadcast translator stations and to enter into lease-purchase, lease or
purchase agreements for any and all equipment necessary to obtain the
proper Federal licenses necessary for the operation of said television broad-
cast translator stations.
Section 4. In carrying out the provisions of this Ordinance, said
Board of County Commissioners is hereby authorized and empowered to
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hire by contract or employment the necessary technical consultants and
engineers to insure the proper and adequate installation and operation of
said television broadcast translator stations in order to provide full,
adequate, and satisfactory direct television reception to the citizens of
Monroe County, Florida.
Section 5.
The Mayor and Chairman and the Clerk of said Board of
County Commissioners of Monroe County, Florida, are authorized and
empowered to sign any and all documents, including warrants for the
expenditures of monies, necessary to carry out the purposes of this Ordin-
ance.
Section 6.
The provisions of this Ordinance shall be liberally con-
strued in order to effectively carry out the purposes of this Ordinance in
the interest of the public.
Section 7. All Ordinances, Resolutions, rules and regulations In
conflict herewith are hereby repealed to the extent of said conflict.
Section 8. After its adoption, this Ordinance shall take effect upon
receipt of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of this Ordinance and that said Ordinance
has been filed in said office.
~ttrttart! .of ~tatt
STATE OF' F'LORIOA
THE CAPtTOL
TALLAHASSEE 32304
180.1 488-3818
RXCllARD (Dxc:u::) STONE
SECRETARY OF' STATE
.
May 25, 1973
}'
Honorable Earl R. Adams
Clerk, Board of County Commissioners
Monroe County
Key West, Florida'
Dear Mr. Adams:
Pursuant to the provisions of Section 125.66, Florida
Statutes, 'this will acknowledge your letter of May 23 and
certified copy of Monroe County Ordinance No. 73-5, which
was filed jn this office on May 25, 1973.
Kindest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
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By . . 0'-
(Mrs.) Na cy Kavanaugh . .
Chief, Bureau of Laws
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