O85-10ORDINANCE NO. ~-/~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
ORDINANCE NO. 84-29, WHICH GRANTED A NON-
EXCLUSIVE LICENSE TO ACCESS CABLE OF WEST
BOYNTON, INC., TO OPERATE A COb~UNITY
ANTENNA TELEVISION SYSTEM WITHIN CERTAIN
AREAS OF THE MUNICIPAL LIMITS OF THE CITY
OF BOYNTON BEACH, TO EXPAND THE FRANCHISE
BOUNDARIES TO ENCOMPASS THE ENTIRE CITY
OF BOYNTON BEACH AND ANY AREA SUBSEQUENTLY
ANNEXED; PROVIDING A NEW ADDRESS FOR THE
APPLICANT; PROVIDING AN UPDATED LIST OF THE
NAMES, TITLES AND ADDRESSES OF THE DIRECTORS,
STOCKHOLDERS AND OFFICERS OF ACCESS CABLE;
TO AMEND THE FINANCIAL STATEMENT AS
PREVIOUSLY SUBMITTED; PROVIDING THAT EACH
AND EVERY OTHER PROVISION OF ORDINANCE NO.
84-29 SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ENACTED AND AS AMENDED HEREBY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, ACCESS CABLE OF WEST BOYNTON, INC., a Florida
Corporation, by Ordinance No. 84-29, has been granted a non-
exclusive license to furnish cable television to certain areas
of the City of Boynton Beach, Florida; and
WHEREAS, the City Council has determined it is in the
best interests of the municipality to authorize installation of
a community antenna television system for the use of residents
and inhabitants of said City; and
WHEREAS, the officers and directors of ACCESS CABLE OF
VEST BOYNTON, INC. have submitted an amended application to the
City of Boynton Beach, Florida, to amend the original non-exclusive
license by permitting ACCESS CABLE to extend its franchise
boundaries to encompass the entire City and any subsequent
annexations, and to update information previously submitted
concerning the principal address of the Corporation, the names,
titles and addresses of its directors, stockholders and officers,
and to amend its previously submitted financial statement; and
WHEREAS, a review of the amended application is found
to be in conformity with the provisions of Chapter 7 of the
Code of Ordinances, City of Boynton Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: ACCESS CABLE OF WEST BOYNTON, INC. has
previously been granted a non-exclusive license to furnish cable
itelevision to certain areas of the City of Boynton Beach, Florida,
by virtue of Ordinance No. 84-29, which was duly adopted by the
City Council on the 17th day of July, I984. A copy of said
Ordinance is attached hereto for reference as Exhibit "A". Said
~on-exclusive license is hereby amended to reflect the additional
matters as set forth in the amended application filed by ACCESS
IABLE OF-WEST BOYNTON, INC., a copy of whiCh is attached hereto
as Exhibit "B". In conformity herewith, Ordinance No. 84-29 of
the City of Boynton Beach, Florida, be and hereby is amended to
incorporate the items as set forth in the amended application
submitted by ACCESS CABLE OF WEST BOYNTON, INC., and as shown in
Exhibit "B", provided, however, that ACCESS CABLE OF WEST BOYNTON,
INC., shall at all times be in strict compliance with the terms
and provisions of said application, as amended, and in strict
accordance with the provisions of Chapter 7 of the Code of
Ordinances, City of Boynton Beach, Florida, as may be amended.
Section 2: Except as amended herein, each and every
other provision of Ordinance No. 84-29 shall remain in full force
and effect as previously enacted.
Section 3: Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5: This Ordinance shall become effective
immediately upon passage.
FIRST READING this
day of~~
SECOND READING and FINAL PASSAGE this
day
CITY OF BOYNTON BEACH, FLORIDA
COUkCIL
CIL MEMBER
ATTEST:
(Seal)
NO. TS
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, GRANTING
A NON-EXCLUSIVE LICENSE TO ACCESS CABLE
OF WEST BOYNTON, INC., TO OPERATE A
-~. COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN
CERTAIN AREAS OF THE MUNCIPAL LIMITS OF
THE CITY OF BOYNTON BEACH; PROVIDING THE
TERMS OF SAID LICENSE; PROVIDNG FOR A
REPEALING CLAUSE, AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.'
WHEREAS, ACCESS CABLE OF WEST BOYNTON, INC., a Florida
Corporation, has requested a non-exClusive license to furnish
cabte television to certain areas of the citY of Boynton Beach,
Florida; and
WHEREAS, the City Council has determined that it is
in the best interests o.f the municipality to authorize instatlatioD
of a community antenna television system for the use of residents
· and inhabitants of said City; and
WHEREAS, the application attached to this Ordinance as
Exhibit "A" has been reviewed by the City Council; and
WHEREAS, a review of the application is. found to be
in conformity with the provisions of Chapter 7A of the Code of
Ordinances, City of Boynton Beach, Florida.
'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: ACCESS CABLE OF.WEST BOYNTON,. ~NC. has
submitted. an appliCation for the privilege of conducting community'
antenna television systems within the City of Boynton Beach (said
application is attached hereto as Exhibit "A" of said Ordinance
and made a part hereof by reference). Said 'ACCESS CABLE OF WEST
i- .BOYNTON, INC, is hereby granted and awarded a non-exclusive
licenSe to conStruct, license, operate and maintain a community
~ ~ television system within a certain area of the City as
an ~en~a
described in Exhibit ,A" for a period of twenty (20) years from
the ~ '
e crave date of this Ordinance, in strict compliance with
the terms and provisions of the aforesaid application and in
strict accordance with the provisions of Chapter 7 of the Code
of Ordinances, City of Boynton Beach, Florida which provisions
·
are hereBy adopted by reference and made a part of this Ordinance
and the license hereby awarded.
Section 2: That all ordinances or parts of ordinances
in conflict herewith are hereby rePealed.
Section 3: Should any section or provision of this
Ordinance or a portion thereof be declared by a court of competent!
jurisdiction to be invalid, such deciSion'shall not affect the
remainder of this Ordinance.
Section 4: This Ordinance shall become effective
immediately upon passage.
FIRST READING this
day of
SECOND READING and FINAL PASSAGE this
, 1984.
ATTEST:
CITY
~CITY OF BOYNTON BEACH, FLORIDA
(2)
I N~DEX
CATV Franchise Application for Access Cable
of West Boynton, Inc. (Exhibit "A")
Biographies of Directors, .Stockholders and Officers (Exhibit
FCC Counsel's Opinion. Letter (Exhibit "C")
RUBENSTEIN ~ SILVERS
pROFIrSSIONAL A$SOCI~[TION
ATTORNE~YS AT LAW
NCNB BANK BUILDING
2000 WEST GLADES ROAD
BO~A RATON~ FLORIDA 33431
(305) 395-7000
June 27. 1984
Mr. Peter L.~ Cheney, Manager
City of Bovnton Beach
120 East Boynton Beach Blvd.
Bovnton Beach, FL 33435
BY HAND DELIVERY
Re: ,CATv Franchise Application for
'Access Cable of West Boynton, Inc.
Dear Mr. Cher~ey:
This letter is to serve as an amendment to the revised
application for a cable television franchise submitted to the
City of Boynton Beach on May 8, 19~4 on behalf of our client,
Access Cable of West Boynton, Inc. Access Cable desires to amend
Section 3 of its franchise application to read as follows:
"3. Location. and Technical De'scription of the System:
The System is to be initially located substantially
wxthin the perimeter of The Meadows 300 planned unit development
which is located within the city limits of Boynton Beach, and the
system will be constructed as the Meadows 300 development is
developed. The System will also be located within the perimeter
of The Bovnton Beach Distribution Center and will also be
constructed within that development as it is developed. The map
attached hereto as Exhibit "B" outlines the area within which the
proposed System will be installed and constructed. The System
will have burial installation of a cable wire capable of
wlthstandin~ the hi~h- water table common to the South Florida
area. A JB type .cable (i.e.: JB type is a jacketed cable
prepared for burial installation ) with a standard aluminum
sheathing covered by- a~ viscous -~looding compound and a black
polyethylene jacket will be used. The cable brand will be Times
Fiber, size JB500 and JB750. This type of cable has been found
to be the best for this type of environmental condition and is of
first class Gualitv. The polyethylene jacket is inert and should
not react ~ith or be dearaded by salt water or salt air
environments . The distribution network will consist of coaxial
cables (and associated electronic amplifiers) which oriainate at
the headend facility and will branch out to the different
sections within The Meadows 300 and The Boynton Beach
Distribution Center. The electronics used will be Magnavox, 400
MHz designed for 54 channels and two-way capacity. The
5C4/179/1
'J~BI:'~TF_.II'~;&SIiLV RS
Mr. Peter L. Cheney, Manager
June 27, 1984
Page 2
connectors will have the following features: %apetype; the
brand: Gilbert; splicing will be MTI specifications-and will feed
through on tads pin type on actives. The headend is anticipated
to be situated within the area described in Exhibit "C" (located
within The Boynton Beach Distribution Center, which location is
zoned MI and specifically allows for such electronic equipment
and receiving facilities to be located within its boundaries) and
will include a tower of-not, more than ~ feet in height from
grQund level, the satellite receiving dishes necessary to receive
the above'mentioned satellite programming, and a building to
house tools, .s~pplies and electronics. The equipment to be used
for Access Cable's headend facility is described in Exhibit "D"
hereto. All ~uipment used by Access Cable in connection with
the construction of. the System will be of the highest quality and
performance;, and all construction will be in accordance with all
applicable codes and ordinances. Any substitution of equipment
will be made'with equipment of comparable quality and performance
to the equipment specified herein.
The System ms designed for back-up power services.
This is designed solely for the purpose of alleviating, service
interruption in the e-vent of temporary power outages."
Thank you for your consideration in this matter.
Sincerely,
Laurie S. Silvers
LSS:amn
5C4/179/1
HtTCH [I,.i,. RIJBIr N$?I~I N ''
LAUFtI[ 5.
ALB Ir RT N. PI~UJANS I<,Y*
IrOMUNO
RONALD L.. NURNB[RG''
5. FI[lO KAHN'
KANE, KESSLER, RUBENSTEIN & 'SILVERS
{A I~ARTNERSHII= OF PROFESSIONAL ASSOCIATIONS)
A~ORNEYS AT LAW
NCNB BANI<, ~UI~DING
, ~000 WEST GLADES ROAD
~0~= RATON~ ~LORIDA 33431
(30~ 395"7000
NIAHI (305} ~4-0~4
~LM B~CH ~05) 73~-0044
May 8, 1984
Mr. Peter L. Cheney, Manager BY HAND DELIVERY
City of Boynton Beach
120 E. Boynton Beach Blvd.
Boynton Beach, ~L 33435
Re: ~ATV Franchise Application of
--v- Access Cable of Vest Boynton, Inc.
Dear Mr. Cheney::
This is a follow-up to our letter to you dated April
14, 1984 (a ~opy of which letter is enclosed herein for your
reference) wherein we submitted, on behalf of-our client,'Access
Cable of Vest Boynton, Inc., an application for a cable
television franchise from the City of Boynton Beach. Our client
desires to amend its franchise.application, and therefore, we.ace
pleased to enclose a revised application which takes into account
a change in the area in which the headend (which includes the
antenna tower, satellite receiving dishes and the building
housing electronics) will be situated from a site in The Meadows
300 to a site located within the Boynton Beach Distribution
Center. Furthermore, the developers of the Boynton Beach
Distribution Center requested that Access Cable provide cable
television services to their Center, and therefore, our
application now includes this development in our proposed service
area as well as The Meadows 300.
Please do not hesitate to let us know iE you require
any additional information for processing the application.
Thank you again for your consideration.
Sincerely,.
aurie S. Silvers
LSS:amn
Enclosures
1C4/124/3
BOYNTON BEACH CATV'FRA~CHIS*E~ APPLICATION
Name, Addre.-~-'~.d Telephone Number of Applican~-:
Access Cable of Vest Boyntoo. Inc.
3505 N. Congress Avenue
Boynton Beach· Florida 3~3435
(305} 736-0107
N.~mes and Addresses of Directors, Stockholders and O~ficers:
~RDON SHER~N, Preside.t, Director a.d Stockholder
Suit& 663
4770 Biscayne Blvd.
Miam4, FL 33137
MITCHELL RUBENSTEIN· Vice President, Director and
S %ockbolder
20'00 West Glades Road% Suite 206
BoCa Ratoa. F~' 33431
ANGELO PODES, Vice President. D~rector ~nd Stockholder
7901 Bay Meadows Circle East
Jacksonville, FL ~2216
LAURIE S. SILVERS, Secretary, Director and StoCkholder
2000 West Glades Road., Suite 206
Boca Raton, FL 33431
PETER KLEIN, Treasurer, Director and Stockbolder
48 Mt. Sumner Drige
Bol,t~n, CT 06040
JAY HASNER, Director
818 U.S. Highway One
North Palm Beach, FL 33408
('See Exhibit ."A", biogr, aDhies on the above individuals}
Names and Addresses of Operators and Associates:
GORDON SHERMAN
Office:
Suite 663
4770 Biscayne Blvd.
Miami, FL - 33137
Home:
9350 ~. Bay Harbor Drive
Bay Harbor Island's, FL 33154
MITCHEL~'RUBENSTEIN
Office: -..
2000. West Glades Road, Suite 206
BoCa Raton., FL 33431
Hbme:
3543 S.-Ocean Blvd.
South Palm Beach, FL
33480
NGE' ° POO'ES
O£f£cq:
6'3~1 Powers Avenue
Sackson-ville, FL 32117
Home:
7901 Bay Meadows Circle East
Jacksonville, FL 32216
LAURIE S. SILVERS
Office:
2000 West Glades Road, Suite 206
Boca Raton, FL 33431
Home:
20090 Boca West Drive
Boca Raton, FL 33431
PETER KLEIN
48 Mt. Sumner Drive
Bolton, CT 06040
Names and Addresses~of Parent and/or Subsidiary Companies:
NONE
Names and Addresses of Legal Counsels a~d Accounting Firm:
General Counsel
Rubenstein & Silvers, P.A.
NCNB Bank Building
2000 West Glades Road, Suite 206
Boca Raton, FL 33431
-2-
Counsel
'Fly, Shu}b'ruk, Gaguine, Boros, Shulkind & Braun
i211 Connecticu~ Av~nue,.N.W.
Washington, D.C. 20036
Certified Public Accounting Firm -'
Alexa~der Grant & Co., C.P.A.
1000, B~icke$1 Avenue
2. Description of the Proposed. CATV System:
Access Cable of West Boynton, Inc., a Ft:orida corporation
("Access Cable".), the applicant, proposes to develop and construct
a first-class 'ca_b. le television system (the "System"} to serve The
Meadows 300, & planned-unit development lo~ated within the city
limits of ~oynto, Beach, Florida and The Boynto~ ~each Distribution
Celotex, also to~ated within the ~ity -limits of ~oynton
Florida. The System will have ~4-chal~l~el capacity a~d will have
bi-directional signal capability; all cable and wire plant will be
place~ underground. All the equ~.pment and facilities used to
construct the System will be new and of first-rate quality
de pendabi 1 i
The Sys tern wil 1 have a 24- hour telephone number for
subscr~ibers to call to report service problems, ask questions or
place program orders. Access Cable wil. 1 use its best efforts to
respond to trouble calls within 24 hours of ~eceipt during business
hours on weekdays. Access Cable will have a reasonable period of
additional time within which 'to respond if del~y is caused by
circumstances beyond the control of Access Cable.
A. Programmin9 services to be initially offered:
I. Basic CAtV Service: The basic cable television
programming service ("Basic CATV Service") which shall be offered
by Access Cable to its sublscribers will include:
a. The foillowin9 12 over-the-air channels:
1. ' i~BT (PBS), Channel 2 Miami
3.
4.
5.
7.
8.
9.
10.
11.
12.
WTV$ (CBS), Channel 4- Miami
%~TV (NBC), Channel 5 West Palm Beach
WSVN (NBC), Channel 7 Miami
WTVX (CBS), Channel 34 Ft. Pierce (if
able to be picked up by antenna)
WPLG (ABC), Channel 10 Miami
WPEC (ABC), Channel 12 West Palm Beach
WHFT (Ind), Channel 45 Miami
WHRS (PBS), Channel 42 Boynton Beach
WFLK (Ind), Cha,nel 29 West Palm Beach
W/fID (Ind), Channel 51 Ft. Lauderdale
WLRN '(PBS & Weather Radar), Channel 17
Mi am i;
-3-
p1 us
b.
th~ follow~ng 'three satellite signals:
· 1.
%~BS - Turner Super Station
CNN - 24 hour' news
The. Weather Channel - 24 hour
weather;
pl us
c. At the time. that Access Cable attains five
hundred (500) subscribers, Access Cable shall, at
its sole cost and expense, introduce (as part of the
'Basic CATV Service and for no additional charge to
'.subscribers ) a Boynt.on Beach Community Channel, such
: community channel to include local video-taped and
live . programming covering Boynto'n Beach and Palm
: Beach County community affai rs, local political
events, local economic news, educational matters,
local medical and health news, homeowner association
events, and the like.- This community channel ~ill
not me~ely 'be a character generated community
channel which shows print - t0 -9iewers, but rather
will include, television programming specially 9eared
-to the Boynton Beach resident who is s~scribin9 to
Access Cable's pro.gramming. -
Il. Super Cable Programming: In addition, Access Cable
will be offering to subscribers of Basic CATV-Service optional
super cable television programmin9 ("Super Cable") which shall
consist of the following eight (8) satellite signals:
6.
7.
8.
ESPN - 24 hour sports
USA- Sports and Entertainment
CNN-2 --Headline news service
C-SPAN - Live coverage of U.S. House_of
Representatives
Nickelodeon - Children's programming_
Nashville NetWork _ Country mus~i~c ~ormat
Music Television .- Music entertainment
Lifetime - Variety of Entertainment
programming
III. Pay TV Programming: Access Cable will also offer to
subscribers of Basic CATV Service optional pay cable television
programming-("Pay TV") which wil-I include at least the followi.g
satellite signals:
2.
3.
4.
Home Box Office (HBO)
Showtime or The Movie Channel
Cinemax
The Disney Channel
-4-
The channels and Services to be provided shall not be
· inconsistent with the Rules and Regulations of the Federal
Communications Commission,
Any s~bstitution of programming will be
for comparable programming. Channels'not operating full-time may
be consolidated.
Additional optional services will be provided by the
System once there is adequate demand for same.
3. Location and Technical Description of the System:
The System is to be initially located substantially
within the perimeter of The Meadows 300 planned unit development
which is lOcated within the city limits of Boynton Beach, and the
system will' be constructed as the Meadows 300 development is
developed. Th~ System will also be located within the perimeter of
The Boynton B~ch Distribution Center and will also be constructed
within that-aevelopment as it is developed. The map attached
hereto as Exhibit '"B" outlines the area within which the proposed
System will' be installed and constructed. The System will have
burial installation of a cable wire capable of withstanding the'
high water table common to the South Florida area. A JB type cable
(i.e.: SB r type is a jacketed., cable prepared for burial
installation) with a standard aluminum sheathing covered by a
viscous flooding compound and a black polyethylene jacket will be
used, The cable brand will be Times Fiber, size JBb00 and JB750.
This type of Cable has been found to he the best for this type of
environmental condition and is of first class quality. The
polyethylene jacket is inert and should not react with or be
degraded by salt water or salt air environments. The distribution
network will consist of coaxial cables (and associated electronic
amplifiers) which originate at %he headend facility and will branch
out to the different sections within The Meadows 300 and The
Boynton Beach Distribution Center. The electronics used will be
Magnavox, 400 MHz designed for 54 channels and two-way capacity.
The connectors- will have the following features: tapetype; the
brand: Gilbert; splicing will be MTI specifications and will feed
through on taps pin type on actives. The headend is anticipated to
be situated, within the area described in Exhibit "C" (located
within The Boynton Beach Distribution Center, which location is
zoned MI and specifically allows for.such electronic equipment and
receiving facilities to be located within its boundaries) and will
include a tower of not' more tha~ 65 feet in height from ground
level, the satellite receiving dishes necessary to receive the
above-mentioned satellite programming, and a building to house
tools, supplies and electronics. The equipment to be used for
Access Cable's headend facility is described in Exhibit "D" hereto.
All equipment used by Access Cable in connection with the
construction of the System will be of the highest quality and
performance; and all construction will be in accordance with all
applicable codes and ordinances. Any substitution of equipment
will be made with equipment of comparable quality and performance
to the equipment specified herein.
-5-
The System is designed for back-up power services. Th£s
iS designed solely for the 'purpose of alleviating service
interruption ih the event of t~mpo~ary power outages.
4. Utilities: o
~t is anticipated that.no pole attachment agreements will
be necessary for- the. construction of the System because the ca-hie
for. the entire System will be-~ns.talled underground.
5. Description of ProposedStreets to be Crossed:
AcCess Cable shall initially only be serving The Meadows
300 development and The -Be~nton Beach Distributio~ Center;
therefore, the entire System is to ~e located within these two
.developments e~cept for certain of the cable trunk lines which
run along pub~.ic, streets between the headend site in The Boynton
Reach Distrib~.tion Center and The Meadows 300. ~he streets within
the developments will only be-crossed by Access Cable as-necessary
to provide 'seYvice to subscribers. As of the date of this
application,-all of the streets o'f.The-Meadow~ 300 and The Boynton
Reach Distribution Center are not yet developed. Specific-design
drawings shhwin9 exact street crossings, will be provided to the
City upon finalization of .the design plans, which wilt occur before
construction-of the System comme~ces. Private easements from the
developers and associati~ons o-f The Meadows. 300. and The Roynton
Beach. Distribution Center necessary to construct the System wii! be
granted to Access Cable prior to commencement of installation of
the System. Copies of all easement documents will be filed-with
the City.
6. Rates:
Tbs initial charge for Basic CATV Servici will be $8'.4S
per month.- This-rate for Rasic CATV Service will not be increased
to the System,s' subscribers durillg the three year period commencing
on the date when programming is first supplied to a subscriber.
Super Cable programming will initially be offered at a rate of
$3.00 per month to subscribers. The initial rate for one Pay TV
signal- wilt ~be $10.3~ per-month. A complete rate schedule
attached hereto as Exhibit CF". During the construction period,
all .new subscribers will receive free cable television installat£on
and 30 days free Basi6 CATV Service. A copy of the proposed
service agreement between Access 'Cable and its subscribers is
attached hereto as Exhibit
7. Contracts with Utilities:
Currently there are no contracts or agreements between
Access Cable and ally utility companies. Upon grant of the
franchise, Access Cable will seek to enter into joint trenching
agreements for the placing of -the underground cables into the same
trenches that are used by the utilities for the placement of
underground utility wires. Copies of such completed contracts will
be filed with the City.
-6-
8. Agreements Regarding.The Meadows 300 and The Boynton Beach
Distribution Center:
The property owners' association fo= The Meadows 300 and
the developer of-~We~ Meadows 300 have selected Access Cable as the
cable company they. desire to provide c.able television to The
Meadows 300 development-- A copy of the Letter of Intent entered
into by and between Access Cable and The Meadows 300, Inc. is
attached hereto as Exhibit "G". A final definitive contract will
be. executed by the parties within the very near future. Both
parties and their legal counsel are currently expending every good
faith effort to finalize the form of such contract as soon as
possible as per the terms of such Letter of Intent. A copy of such
completed contract will be filed with the City.
Boy~to~ Beach Distribution Center Associates, the
developer ~f The Boynton Beach Distribution -Center, has also
selected Access Cable as the cable company it desires to provide
cable television related services to its Center. A copy of the
Letter of Intent entered into between Boynton Beach Distribution
Center AssoCiates and Access Cable is attached as Exhibit "H"
hereto. A copy of the completed 6~ntract will be filed with the
City upon execution.
It is Access Cable's intention to purchase warehouse and
office facilities in The Boynton Beach Distribution Center and to
relocate its offices and storage areas to such location upon the
grant of this franchise and the completion of construction of such-
facility. It is the further objective of Access Cable that this
Boynton Beach facility will 'become its national headquarters'
facility for its cable television business.
Access Cable does not have any agreements, written or
oral or otherwise, with any other firm, partnership, corporation or
individual wi'th regard to this application or to the operation of
the System if the applicant is awarded this franchise.
9~ Financial Statement:
Access Cable has adequate 'financial ability to complete
the construction and installation.of the proposed System. In this
regard, please find attached as Exhibit "I" a copy of the financial
statement of Access Cable setting forth the financial condition of
Access Cable, which statement was prepared by Alexander Grant &
Co. C.P.A. Further, a surety bond from an insurance company will
be ~btained prior to commencement of installation of each phase of
the System to fully guarantee the completion of installation of
cable equipment in such phase of the System. Access Cable will
obtain an additional surety bond in favor of the City of Boynton
Beach as required pursuant to SectioW 7-29 of Chapter 7 of the
Boynton Beach Code.
-7-
10. Supplementary Information:
Access Cable.~ is, prepared to provide to the City such
additional, supplementary or ~ther inf°~mation as requested by the
City in connectio~.~ith this application for a franchise
Respectfully submitted,
Dated:
May 8,~.1984
Access Cable of West 8oynton, Thc.
-8-
EXHIBIT "A"
ACCESS CABLE OF WEST BOYNTON, INC.
The'directors Of Ac~esg' Cable of West Boynton, I~c. are
Gordon Sherman, Peter- Klein, Ar, gelo Podes, Mitchell Rubenstein,
Laurie Silvers °~d Jay Hasher. Most are principals in a
partnership which owns and operates cable television systems
located in the suburbs of Indianapolis, Indiana. The following
is. a brief biography on the principals of Access Cable of West
Boynton, Inc.
Gordon Sherman has been a broadcaster for over three
decades, starting with CBS, where he was first employed in 1944,
then in 1950 to his first owned radio station, WMAY in
Springfield, Illinois. He built WORL-AM and the powerful
WORJ-FM, Orlando, Florida, in 1957.~.' In 1958, along with the late
Mitchell Wol~son (founder of Wometco), Sherman purchased WMTV,
the NBC tel~iSion station in Madison, Wisconsin. In 1961, he
purchased--WROD, Daytona Beach, Florida and ~MB and ~dYRL in
Melbourne, - Florida in 1964. In 1970, he built a new radio
station in Fort Lauderdale, Florida - WAVS.
~r. Sherman was an officer for several years of the
Illinois B~oadcasters Association] a statewide organization of
all the radio and television stations in Illinois and served as
their president in 1962. '
In 1972, he was elected chairman of the Broward County
(Fort Laude=dale-Pompano-Hollywood) Broadcasters Association. ~e
participated in the construction and ownership of a cable
television system in Jacksonville., Illinois in a joint venture
with National Trans Video Company (now Sammons), one of the
nation's largest cable companies. Me has served as a consultant
to several cable television companies, including Capital Cities
Communication, which is also one of the nation's largest cable
companies.
Gordon Sherman has assisted in the pursuit of
franchises, notably the award of the Hollywood, Florida franchise
(currently 25,000 subscribers) in which Mr. Sherman is presently
a partner with the Storer Broadcasting Company, a large New York
Stock Exchange Cable television company.
Peter Klein is a Vice President of Connecticut National
Bank where he specializes in loan~ to cable television companies.
He personally developed a cable television computer model for the
bank, which forecasts revenues, cash flow and source and
application of funds in cable television transactions. For five
years prior to joining the bank, Mr. Klein was a Financial
Analyst with The Travelers Insurance Company in their Private
Placement Division, where he analyzed and 'negotiated numerous
private placement loans, including many to cable television
customers. Mr. Klein received a Masters in Science and MBA
degrees from the ~niversity of Connecticut, and received his CFA
from the Institute of Chartered Financial Analysts in
Charlottesville, Virginia.
Mitchell Rubenstein and Laurie Silvers are at2orneys in
the law firm of Ruben~te£n and Silvers, P.A. with offices in Boca
Raton, Florida. ·
MitcheLl, Rubenstein is a member of the New York and
Florida bars and is a member of the American Bar Association and
the Palm Beach Cognty Bar Association. Mr. Rubenstein received
his law degree fro~ the University of Virginia School of Law and
also received a Masters in Tax Law degree from New York
University School of Law. He has served as Research Assistant to
Professor Boris Bittker of Yale Law School. In add£tion, Mr.
Rubenstein is a founder of the Mt. Sinai Medical Center
Greater Miami.
Laurie Silvers is a graduate of the University of Miami
School of LaW~ ~She won the American Jurisprudence book award for
Trust and EStates .as well as receiving placement on the Dean's
List while, at the Law School. She was a law clerk to the
Honorable Mil'ton Friedman, Circuit Court Judge in Dade County.
She has be~n profiled in Who's Who of American Women, and, in
addition t9 her law practice, has been an active supporter of
Palm Beach'County public television and has served as a member of
the Board of Directors of WHRS-TV, the public television station
serving Palm Beach County, Flor£da. She is also the producer and
moderator of the weekly program "Your Legal Forum" sponsored by
the Palm Beach County Bar Association on WPBR in Palm Beach
Florida.
Angelo Podes is a successful real estate and
electronics entrepreneur operating-principally from Jacksonville,
Florida. -Mr. Podes bas, since 1940, owned and ~p~rated several
businesses, including Empire Video, Inc., a large television tube
manufacturer, which Mr. Podes recently sold in order to devote
more time to/ expanding his interests in cable television.
Jay Hasher is Executive Vfce President of the
Companies, which are engaged in the development of single-family
homes, multi-family homes, office buildings and shopping centers,
including the development of the Baytree and WillOwbrook
subdivisions in The Meadows 300 in Boynton Beach.
Mr. Hasher, a Florida'~-~ertified residential contractor
and state licensed real estate broker, is a member of the Cable
Television Task Force Committee of Palm Beach County. In
addition, Mr. Hasher is active in the Home Bui.lders & Contractors
Association of Palm Beach County, serving presently as its Vice
President and as a member of its Board of Directors, as well as
being Chairman of the following committees: Finance, Building,
Energy/Codes, Membership Steering and Housing Cost Task Force.
and Vic~ Chairman of its Governmental Affairs Committee. He is
on the Board of Directors of both the Florida Home Builders
Association and the National Association of Home Builders. He is
a member of the Palm Beach County Consumer Affairs Hearing Board,
the Palm Beach Gardens Site Plan ad Appearance Review Board, and
~he Palm Beach Gardens Comprehensive Land Use Plan Committee.
-2-
·
IYLVIA
14 lille.
EXHIBIT
%
"B"
~'~'~ 6~0 S LAGO$
i
I
I
I
I
I
I
'
i
I
C..al
VILLAS
PINE T
GOt. F
I
ROYAL
EXHIBIT "C"
%
/
VILLAS
PiN!
GOLF
~' LEISUREVILLE
EXHIBIT "D"
HEA'DEND EQUIPMENT
3
8
200'
!
!
12
6130 Processor, s
6650 Receivers
6350 Molulator, s
Combining network, s
Rack's
Rack adaptors
Power inserter,
AC strips
spliters
59 connectors
59 cable
LNC's
Antennas _ all band
Headend building
Air conditioner
Self-support
Cement and rod' s
!haracter ~nez~tor/~ molulator
for MTV
By pass filters'
Multi level e.coder~
EXHIBIT "E"
ACCESS CABLE OF WEST BOYNTON, INC.
$50~,N. Congress Avenue
Boynton Beach, FL 33435
(305) 736-0107
CABLE"TELEV~SION"'SUBSCRIPTION AGREEMENT
Name of SubsCriber:
Address:
Telephone Number: ResidentS'al .... ' '
Date of Installation:
No. of Outlets:
Service Requested:
Basic CATV Service:
. First 'Outlet :_
- - Addi~-ional Curl.ets:..
Super Cable:
Pay TV
HBO'
· Showtime:
.~- Cinemax:
· '~ The Disney Channel:
· ' Converter Security Deposits:,
Unit Number:_
Zip Code:
Work:
'Charge
, 8~, 45
Sub Total
Tax
Total Due
During the period of the construction of the cable
system, (a) the subscriber shall be entitled to free installation
for the first outlet and any additional outlets installed at the
same time as the first, and (b) the first 30 days of Basic CATV
Service is free to new subscribers. The Basic CATV Service rate
of $8.45 for one outlet is guaranteed to subscribers for three
years from the date 'that Access Cable began to provide cable
television programming to subscribers in the Meadows 300
development·
/This 'Subscription Agreement for cable television,
services shall be in effect immediately upon signing hy the
Subscriber and shall remain in full force and effect until
cancelled by Subscriber by written notice to ~ccess Cable.
Subscriber acknowledges that all equipment installed shall remain
the.property of Access Cable and 'Subscriber will not damage,
alter, mutilate or destroy the-equipment. Access Cable may
cancel this Subscription Agreement at any time, and Subscriber
shall return the equipment to Access Cable on demand or shall
permit Access Cable to enter Subscriber's premises to remove the
.equipment of Access Cable.
Ail converte~ security deposits shall be forfeited by
Subscriber in the event of Subscriber's failure to return the
equipment to Access Cable upon the termination of this Agreement;
or if 'the equipment is returned in damaged condition.
Subject ct the terms of applicable law, all charges and
rates are subject to change by Access Cable without notice· Ali
payments are due monthly, in advance.
Agreed to:
~ubsCriber
Date Signed
TYPE OF SERVICE
Basic CATV Service:
(a) First Outlet
(Free installation
during ~ystem ~
construction)
(b) Each Additional Outlet
(Free installation if
ordered with first
i ns tallation )
Super Cabl-e:
(a) First Outlet
(Free installation
during SYstem
co.%tru?~ion)
(b) Each Addition&l Outlet
(Free- in~ tallation if
ordered with first"
ins tallation of
Super ;Cable }
EXHIBIT "F"
RATE SCHEDULE
INSTALLATION
CHARGES
$20.00
$15.00
$9.95
MONTHLY
SERVICE RATE
$8.45
$2.50
$3.00
$3.95 $2.50
pay TV:
Home Box Office $9.95 $10.35
Showtime or Movie Channel $9.95 $10.35
Cinemax $9.95 $10.35
The Disney Channel $9.95 $10.35
(Free installation during
system construction or if
installed at the same time as
installation of Basic CATV
Service or ,,Super Cable }
For. more than one Pay TV service, there shall be "package
discounts", offered as a~ incentive for subscribers to subscribe
to more than one service. There may be commercially and
reasonable charges for additional Pay TV outlets.
Notes:
Applicable taxes wi.ll be paid by subscribers.
Rates for commercial users may vary from above.
Convertors:
A refundable deposit of $25.00 will be required for each
convertor to insure against damage or loss.
Special Services:
There may be additional commercially reasonable charges and
deposits for special services and/or special equipment (i.e.,
remote control convertors, FM stereo, etc.).
EXHIBIT "H"
-BOYNTON BEACH 'DISTRIBUTION CENTER ASSOCIATES
12 S. Dixi.-. Mighway, SUite 205
Lake .ortl',, FL .13460
May -7-' 1984
Access Cable of Vest Boyn~on, Inc.
3505 NOrth Congress Avenue
Boyntor, Beach, FL 3.1435
Re:[,'Cable Televisio~ Services Lo be Provided by
Access. Cable of West Boynto.. Inc-. ("Cablevision"}
to the Boyntor~ Beacl~ Distribution -Center
· (the "ce.ret" )
Gentlemen:
This letter shell serve to evidence the intent of
Cablevision and Boynton Beach Distribution Center A~soci~tes. ~
Florida general partnership, to enter into a contract for cable
television services to be provided by Cablevision to t[)e Center
in the City of Boynton Beach, Florida. Both parties sbalI
cooperate with Cablevisio. 's application to obtain a cable
television franchise from the City of Boynto. Beach for
Cablevision to operate a cable television system in the Center.
Ve.~y truly yours,
BOYNTON BEACH DISTRUBUTION CENTER
ASSOCIATES
By: Boy.ton Beach Distributio. Center,
/ /
Agreed to by the undersigned:k~---/
ACCESS CABLE OF WEST BOY'NTON, INC.
Vice Preside.t
5C4/125/1
ACCESS CABLE OF WEST BOYNTON, INC.
The directors of Access Cable are Gordon Sherman,
Mitchell Rubenstein, Laurie S. Silvers, Jay Hasner, James
Tr.indade and Frederick J. Greiser, Jr. The following is a brief
biography on the aforementioned principals of Access Cable and on
Leonard Gregory, the General Manager of Access Cable.
Gordon Sherman has been a broadcaster for over three
decades, starting with CBS~ where he was first employed in 1944,
then in 1950 to his first owned radio station, WMAY in
Springfield, Illinois. He built WORL-AM and the powerful
WORJ, FM, Orl.ando~ Florida, in 1957. In 1958, along with the late
Mitchell Wolfson,(f0under of Wometco), Sherman purchased WMTV,
the NBC televis~on~station in Madison, Wisconsin. In 1961, he
p-urchased WROD-, Daytona Beach, Florida and WMMB and WYRL in
Melbourne, Florida in 1964. In 1970, he built a new radio
station in Fort Lauderdale, Florida - WAVS.
Mr. Sherman was an officer for several years of the
Illinois Broadcasters Association, a ~tatewide organization of
all the radio and television stations in Illinois, and served as
their president in 1962.
In 1972, he was elected chairman of'the Broward County
(Fort Lauderda!e-Pompano-Ho!lywood) Broadcasters Association. He
participated in the construction and ownership of a cable
television system in Jacksonville, Illinois in a joint venture
with National Trans Video Company. (now Sammons), one of the
nation's largest cable companies. He has served as a consultant
to several cable television companies, including Capital Cities
Communication, which is also one of the nation's largest cable
companies. - //.~
Gordon Sherman has assisted in the pursuit of cable tv
franchises° notably the award of the Hollywood, Florida cable tv
franchise (currently over 20,000 basic cable subscribers) in
which Mr. Sherman is presently a partner with the Storer
Broadcasting company, a large New-York 'Stock Exchange cable
television company .....
In addition, Mr. Sherman is a principal in Access Cable
of Indiana, I and ACN, Inc., which own cable television systems
serving over 7,000 subscribers in certain cities north of
Indianapolis, Indiana.
Mitchell Rubenstein and Laurie S. Silvers are attorneys
in the law firm of Rubenstein and Silvers, P.A. with offices in
Boca Raton, Florida, and are also principals in Access Cable of
indiana, I and ACN, Inc.
Mitchell RUbens%ein is a member of the New York and
Florida bars and. is a m~mber of the~American Bar Association and
the Palm Beach County Bar Association. -Mr. Rubenstein received
his law degree from the .University of Virginia School of Law and
'also received a Masters in Tax Law degree from New York
University School of Law. He has served as Research Assistant to
Professor'Boris .Bittker of Yale Law School. In addition Mr.
Rubenstein is a Founder of the Mt. Sianai Medical Center of
Greater Miami.
Laurie S. Silvers is~a graduate of the UniversitY of
Miami School, of Law. She won the American Jurisprudence book
award for Trust and Estates as well as receiving placement on the
Dean"s List. ~:While at the Law School, she clerked for Honorable
Milton Friedman~.Circuit Court, Judge in Dade County. She has
been profiled.~h Who's Who of American Women, and, in addition to
her law practice, has. been an active supporter of Palm Beach
County public tglevision and has served as a member of the Board
of Directors.of'WHRS-TV, the public television station serving
Palm Beach County, Florida. She is also the Chairperson of the
Radio Committee of the Palm Beach County Bar Association and is
the producer 'and moderator of the weekly program "Your Legal
Forum" sponsored by the Palm Beach County Bar-Association on.WPBR
in Palm Beach, Florida. She also serves on the Management Board
or-First American Bank and Trust.
Jay Hasner is President of the Hasco Companies, which
are engaged in the development of single-family homes,
multi-family homes, office buildings and shopping centers,
including the development of the. Baytree and Wi!!owbrook
subdivisions in The Meadows 300 in Boynton Beach.
Mr. -Hasner, a Florida certified residential contractor
and state licensed real estate broker, is a member of the Cable
Television Tas~Force Committee of Palm Beach County. In
addition, Mr. Hasher is active in the Home Builders & Contractors
Association of Palm Beach County, serving presently as its
President and as a member of its Board of Directors, as well as
being Chairman of the following committees: Finance, Building,
Energy/Codes, Membership Steering and Housing Cost Task Force,
and Vice Chairman of its.Governmental Affairs Committee. He is on
the Board of Directors of both the Florida Home Builders
Association and the National Association of Home Builders. He is
a member of the Palm Beach County Consumer Affairs Hearing Board,
the Palm Beach Gardens Site Plan and Appearance Review Board, and
the Palm Beach Gardens Comprehensive Land Use Plan Committee.
James Trindade is a licensed real estate and mortgage
broker and currently heads his own real estate brokerage and
investment company in Palm Beach County called Realty Marketing
Corporation. Mr. Trindade is currently a member of the
Management Board of First American Bank and Trust and he has been
a member of such board or the bank's Advisory Board since 1980.
Mr, Trindade has served a~.President of the Commercial and
Investment Division of t'he West Palm Beach Board of Realtors.
Mr. Trindade is developing, in a partnership with Frederick J.
Greiser, Jr.' (profiled below), the Boynton Beach DistribUtion
Center in Boynton Beach, Florida.
Frederick J. Grieser, Jr., a licensed mortgage broker
in the State of Florida,'~:has been a resident of Palm Beach County
since 1955. -. He is a past president Of the Lake Worth Board of
Realtors and of Chapter.200 of the Society of Real Estate
Appraisersi::-'/In addition, ~he has served as a member of the
Community APPearance Board of Lake Worth, Florida, the Planning
Commission of.. the Town'Of Greenacres City, American Right-of-Way
Association and .is Chairman of Planning and Zoning, Town of
Hypoluxo', FlOrida. Mr-. Greiser is an active real estate
developer in .tke' Palm Beach County area, and also teaches in the
area of reaI~eState appraising.
''~ Leonard C. Gregory, the General Manger of Access Cable,
was previousl~ Vice President and Area General Manager of Storer
Communication~,"Inco, a large multiple system cable television
and broadcastlng companY.' Prior to that, he was a District
Manager for Teleprompter Corporation. He has over I9 years of
experience in 'cable television operation, marketing and public
relations, and is a past President of the Florida Cable
Television Association.
JAMI~; LAWR£NCE: FLY
PETER, ~SHUEEIRuN
B~NITO GAGUI NE~
~E~ROM r- ~.
IRVING GASTFREUNO ·
HEIOl p. SANCH~z~
~ntl~'~en
FLY, SHUEBRUK, GAGUINE, BOROS, SCHULKIND AND BRAUN
Washington, D. C.
'December 7, -1984
· CATV'F~ahch~se Pplicati6n
:hof Access Cable of West
nc.
~'~'~ <:!: :"~ .:--3 ..~; ~'~ : --
YORK. NEW %'ORK IOlli*OIS!
e~ter is written zn to the'application' : : ' of~
Access'Cable of West Boynt0n, Inc., ("Access Cable") for a
cable television..franchise from the City of Boynton Beach,
Florida, to increase the size of its franchised service area
within .the City of Boynton Beach. We understand that Access
Cable- currently lis only franchised to operate a cable tele-
visio~ system in certain sections of Boynton Beach, and that
its-T~Pending franchise application
area of that _city. proposes to cover the entire
We have been advised that questions ''
whether the Cable Franchi ..... have been raised as to
~ ~Ollcy and Communications Act
of 1984 precludes action b the ; ·
~ccess 'Cable's Ze . _Y~ City_ of Boynton Bea
P ndtng a l~c ' . ch on
~ranchise area. PP at,on tot extension of its
We are a New 'York and Washington, D..C. based law firm which
has been engaged in the practice of communications law for
approximately 40 years. Our firm-was founded by the late
James Lawrence-=Fly who served as Chairman of the FCC during
the Roosevelt years. Our clients include many radio and
TV stations, cable TV systems, common carriers, broadcast
equipment manufacturers, financial institutions engaged in
communications lending and various other entities in the
telecommunications field.
December 7,' 1984
Page 2
We have served as communications counsel to Access Cable~ and
to its affiliates and have represented its affiliates before
the Federal Communications'Commission ("FCC") and before the
United States Copyright Office. We have been asked to render
an opinion concerning the implications of the Cable Franchise
Policy and Communications Act of 1984 with respect to Access
Cable's franchise extension pending application.
we have reviewed the provisions of the Cable Franchise Policy
i..and Communications Act of 1984 and the provisions of the City
of Boynton Beach Code dealing with Community Antenna Television
Systems. Based upon such review, it is our opinion that no
provision of tha.~ Act wOuld prohibit the City of Boynton
Beach from extending the franchise territory of Access Cable,
as requested in Access Cable's pending franchise application.
In this connection, we are advised that Access Cable has agreed
to comply with' any new provisions in the Cit~ of Boynton Beach~
cable television ordinance that may be adopted by the City of
Boynton Beach :in order for such ordinance to be consistent with
the Cable Franchise Policy and Communications Act of 1984', which
was enacted on October 30, 1984, and which will not become
effective until December 29,-1984. Moreover, we understand
that Access Cable will agree to comply with all provisions of
the Cable Franchise Policy and Communications Act of 1984
which directly impose Obligations upon Access Cable as a Cable
TV operator.
Rubenstein & Silvers
NCNB Bank Building
2000 West Glades Road
Boca Raton, Florida 33431
ATTENTION: Joel D2 Maser, Esq.
Very truly yours
FLY SH~EBRUK, GAGUINE, BOROS,
/.. ' S~HU~.KIND AND BRAUN
'-. . . . . Howard.. J. 'Braun
Irving Ga~freund ~ i ':
N'r . /
EXHIBIT.."G"
The Meadows 300 Inc.
P. O. Box 15468
West ,Pal~ Beach, Florid'a
March 7, 1984
Access Cable'of West Boynton, Inc.
2000 West Glades Road, Suite 206
Boca-Raton, Florida 33431
Re: -Cable Television Services to be Provided by Access~
Cable of West Boy'nton, Inc. ("Cabl~vision,,) to The
~'.~eadows. ._300~ ~evelop~ent-{,,The M&adow$,,)
This lett&r shall serve to evidence the 'intent of Cablevision and
The Meado~s ~00, Inc., a Florida.not-for-profit: corporation, to
enter into a contract for cable television services to be provided
by Cablevision to The Meado~s, a planned unit development in the
City of Boynton Beach, Pal~ Beach County, Floridao The ter~s and
generally a$c°nditi°ns of follows: the contract to be entered into by the parties
~. Cablevi-sion shall provide a $4-channel, first-class
cable television syste~ throughout The Meadows;
the system will be bi-directional, will have a
community Channel featuring productions focusing
on local co~unity affairs and events, and ~ill
offer security communication services
2. Th~ monthly charge for basic service wilI be
$8~45 and that rate for basic cable television
s~rvice will be guaranteed for three years after
the.. cable television-service is initially provided.
3. T~ere will be granted sufficient easements to
Cablevision t~ lay cable where reasonably required
throughout The Meadows.
4. Cablevision shall carry sufficient insurance
coverage to insure both Cablevision and The Meadows
from liability occasioned by Cablevision,s
installation and
Meadows. operation of the system in The
5. CableviSion shall pay to The ~eadows $00 Inc.,
a percentage of its gross revenues (to be fulI¥
Access Cable of West .Boynton, Inc.
March 7, 1984. " _
Page Two
defined)' ~enerated from the operation of the system.
6. The terms~o£ the contract generally shall £acilitate
approval by F.N.M.A., V.A. and F.H.A. o£ individual
,~ d~velopments within The Meadows
-i~.,~>,.?. hecontract-shall ~0niain such other terms and
conditions as the parties and their respective
counsel ma~consider necessary or appropriate
The Parties 'h~reto acknowledge that they have instructed their
respective-legal counsel to £inalize the cable television contract
and-'ea~ement documents which will reflect the te~ms outlined
above and it is anticipated that such contract and' related documents
will be executed by each of us within four weeks from the date
hereof. B~h parties shal. 1 cooperate with Cablevision's application
to~>obtain a', cable television franchise' from the City of Boynton
Beach for Cablevision to operate a cable television system-in
The Meadows.
~ ~l.; - -~ .. . -': ~ ....
Very truly yours,
THE
Agreed to by/the undersigned:
ACCESS CABLE OF WEST BOYNTON, INC.
.-_
KANE, KESSLER, RuBENSTEiN& SILVERS
ATTORNEYS AT LAW
NCNB BANK BUILDING
.... 2000 WEST GLADES ROAD
BOCA RATON, FEORIDA 33431
H~NI (305} N4-0~4
1984
N:': Peter L. ~heney
City Manager ~f Boynton Beach
120 E. Boyntoh Beach Blvd.
Boynton Beach, FL 3343S
R~: CATV Franchise Application of
Access Cable of WeSt Boynton, Inc.
Dear Mr. Chancy:
We are the attorneys for Access Cable of West Boynton,
Inc., a Florida corporation, (~Access Cable") which is desirous
of obtaining a franchise from &he City of Boynton Beach to
const~act, install and operate a cable television system within
the area in the City of Boynton B~ach wherein The Meadows 300
development is located. Access Cable has been selected by The
Meadows 300, Inc., the not-for-profit property owners'
association established for The Meadows 300 development, to
provide the future residents of such development with cable
televesion service.
In ~ccordance with the terms of Boynton Beach Ordinance
Section 7-28, we are pleased to enclose, on behalf of our client,
Access Cable, an application for a cable television franchise
from the City of Boynton Beach for the area described above.
Access Cable is agreeable t~ paying to the City of
Boynton Beach annually an amount equal to three percent (3%) of
the annual 9ross revenues taken in and received by Access Cable
for cable television services offered within the City of Boynt~n
Beach. This fee percentage apparently is the customary one in
the cable television industry and is the same as is bein~ charged
to other recent cable television franchise recipients in the City
of Boynton Beach.
If you desire any supplementary, additional or other
information regarding this applicat.fon for a cable television
: franchJ, se, then please let us know and we will immediately
provide you with same.
~A4/111/3
-4S~LER, RUBENSTEIN ~ SILVERS
Hr. Peber'L. Cheney
April 14, 1984
Page 2
Thank you ~o= your
consideration.
LS$:bjc
Enclosure
-- I, aurie$." $ir{eis '
1A4/lll/~