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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 -2- 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, -3- 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 -4- 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 ~~.~~ By . . 0'- (Mrs.) Na cy Kavanaugh . . Chief, Bureau of Laws NK/mc .