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HomeMy Public PortalAboutORD 70/01ORDINANCE NO. 70_j AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, GRANTING A FRANCHISE TO TELEPROMPTER FLORIDA CATV CORPORATION, A DELAWARE CORPORA- TION, AUTHORIZED TO DO BUSINESS IN FLORIDA, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELE- VISION SYSTEM IN THE TOWN AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE. BE IT ORDAINED BY THE COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA: Section 1. Short Title. This Ordinance shall be ]mown and may be cited as the "Community Antenna Television Franchise Ordinance". Section 2. Definitions. For the purposes of the Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "TOWN" is the Town of Gulf Stream, Florida. (b) "COMMISSION" is the Town Commission of the Town of Gulf Stream, Florida. (c) "Community antenna television system" or "CATV System", whenever used in this Ordinance, shall mean a system for the inter- ception, receipt, sale, transmission and distribution of television and radio signals. (d) "GRANTEE" is TELEPROMPTER FLORIDA CATV CORPORATION or anyone who succeeds in accordance with the provisions of this Franchise. (e) "PERSON" is any person, firm partnership, association, corporation or organization of any kind. Section 3. Grant of Non-exclusive Authority. (a) That TelePrompTer Florida CATV Corporation and its successors and assigns (Grantee herein), is hereby granted by the Town of Gulf Stream, Florida (Town herein), the right to erect, construct, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, easements, Swale areas, public ways and public places now laid out or dedicated (and all extensions thereof and additions thereto) in the TOWN, such poles, wires, cables, underground conduits, manholes and other conductors, fixtures and facilities as may be neces- sary for the operation and maintenance in the TOWN of a community antenna television system. Without limiting the generality of the foregoing, this franchise and grant shall and does hereby include the right in, over under and upon the streets, alleys, easements, swale areas, public ways and public places in the TOWN, to install, erect, operate or in any way acquire the use of, as by leasing, renting or licensing, any and all lines, poles or equipment necessary to a community antenna television system, and the right to make connections to subscribers and the right to repair, replace, enlarge and extend said lines, equipment and connec- tions. (b) The right to use and occupy said streets, alleys, easements, swale areas, public ways and places for the purposes herein set forth shall not be exclusive, and the TOWN reserves the right to grant a similar use of said streets, alleys, easements, swale areas, public ways and places, to any person at any time during the period of this Franchise. Section 4. Compliance with Applicable Laws and Regulations The GRANTEE shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the TOWN, GRANTEE shall maintain and operate the CATV System according to all pertinent rules and regulations of the Federal regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this Franchise. Section S. Territorial Area Involved. This Franchise is granted in all areas within the present territorial limits of the TOWN and in any area henceforth added thereto during the term of this Franchise. 2 - Section 6. Liability and Indemnification. (a) The GRANTEE shall pay and by its acceptance of this Franchise the GRANTEE specifically agrees that it will pay all damages and penalties which the TOWN may legally be required to pay as a result of granting this Franchise. These damages or penalties shall include, but shall not be limited to, all damages arising out of the installa- tion, operation, or maintenance of the CATV System authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. (b) The GRANTEE shall pay and by its acceptance of this Franchise specifically agrees that it will pay all expenses incurred by the TOWN in defending itself with regard to all damages and .penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees and shall also include the reasonable value of any services rendered by the TOWN Attorney or his assistants or any employees of the TOWN. (c) For the purpose of this Section the GRANTEE shall maintain, and by its acceptance of this Franchise specifically agrees that it will maintain throughout the term of this Franchise property damage and liability insurance insuring the TOWN and the GRANTEE in the minimum amounts of: (1) $100,000 for bodily injury or death to any one person, and $300,000 for all bodily injury or death resulting from any one accident, and property damage in the amount of $100,000.00. (d) The insurance policy or policies obtained by the GRANTEE in compliance with this section must be approved by the TOWN i Commission and a certificate or certificates of such insurance policy or policies shall be filed and maintained with the TOWN Clerk during the term of this Franchise. Section 7. Prohibition of Pay TV. GRANTEE will not engage in, or use its facilities for, the business of pay -television. Section 8. Color TV. The facilities used by the GRANTEE shall be capable of distributing color TV signals, and when the signals - 3 - the GRANTEE distributes are received in color they shall be distributed in color where technically feasible. Section 9. Sianal Quality Requirements. The GRANTEE shall produce a picture (whether in black and white or in color) on typiel standard production TV sets in good repair which picture is as good as the state of the art allows. Section 10. Operation and Maintenance of System. (a) The GRANTEE shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. (b) The GRANTEE shall provide an office in the vicinity which shall be open during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received. (c) GRANTEE shall commence the installation of this system within one year of the date of the final passage of this Ordinance, provided however, if for any reason beyond the control of GRANTEE, GRANTEE can not commence such installation of said system, additional time may be allowed for such commencement date. Section 11. Emergency Use of Facilities. In the case of any emergency or disaster, the GRANTEE shall, upon request of the TOWN Commission, make available its facilities to the TOWN for emergency use during the emergency or disaster period consistent with its own pro- gramming. Section 12. Other Business Activities. (a) The GRANTEE shall not engage in the business of selling, repairing, or installing television receivers or radio re- ceivers within the TOWN of Gulf Stream during the term of this Fran, (b) This Franchise authorizes only the operation of a CATV System as provided for herein, and does not take the place of any other franchise, license, or permit which might be required by law of the GRANTEE. Section 13. Safety Requirements. (a) The GRANTEE shall at all times employ ordinary care - 4 - GY and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) The GRANTEE shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the TOWN code and/or other standard regulations, and in such manner that they will not interfere with any installations of the TOWN or of a public utility serving the TOWN. (c) All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, easements and public ways or places of the TOWN, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial con- dition, and in good order and repair. Section 14. New Developments. It shall be the policy of the TOWN liberally to amend this Franchise, upon application of the GRANTEE, when necessary to enable the GRANTEE to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its customers. Section 15. Conditions on Street Occupancy. (a) In case of disturbance of any street, sidewalk, alley, way or paved area, the GRANTEE shall, at its own cost and expense in a manner approved by the TOWN Representative, replace and re such street, sidewalk, alley, public way or paved area in as a condition as before the work involving such disturbance was done. (b) If at any time during the period of this Franchise TOWN shall lawfully elect to alter or change the grade of any street, walk, alley or other public way, the GRANTEE, upon reasonable notice y the TOWN, shall remove, relay and relocate its .poles, wires, cables, conduits, manholes and other fixtures at its own expense. (c) Before any poles or other fixtures are placed in any e way by the GRANTEE, they shall be approved by the TOWN and placed such manner as not to interfere with the usual traffic on such public - 5 - (d) The GRANTEE shall, on the request of any person holding a building moving permit issued by the TOWN, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be .paid by the person requesting the same, and the GRANTEE shall have the authority to require such payment in advance. The GRANTEE shall be given sufficie: advance notice to arrange for such temporary wire changes. (e) The GRANTEE shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, easements and public ways and places of the TOWN so as to prevent the branches of such trees from coming in contact with the wires and cables of the GRANTEE. (f) In all sections of the TOWN where the cables, wires, or other like facilities of public utilities are placed underground, the GRANTEE shall place its cables, wires or other like facilities under- ground to the maximum extent that existing technology reasonably permits the GRANTEE to do so. Section 16. Preferential or Discriminatory Practices Prohibited. All services rendered and all rules, regulations and rates adopted by GRANTEE shall have general application throughout the TOWN, and GRANTEE shall give no preference or advantage to any person or sub- ject any person to prejudice or disadvantage. Section 17. Rates. The rates and charges to residential and commercial users of the CATV System shall be those as filed by GRANTEE with the TOWN of Gulf Stream, which shall be available for inspection by the public and residents of the TOWN, .provided, however, that any rate changes shall not be effective until thirty (30) days after they have been filed with the TOWN Clerk and provided further that. without the prior consent of the TOWN Council, the monthly service charge and the installation charges for each single family resident or for each unit of a multi -family resident shall not exceed the sum of $4.95 for the service charge and $4.95 for installation charges for each tele- vision outlet located therein COMPLETE SCHEDULE OF RATES). (SEE SCHEDULE "A" ATTACHED HERETO FOR - 6 - In the event that copyright royalty fees are required to be paid by the CATV system and the GRANTEE the rates charged shall be automatically increased to meet such additional cost. Section 18. Removal of Facilities upon Request. Upon termination of service to any subscriber, the GRANTEE shall promptly remove all its facilities and equipment from the premises of such sub- scriber upon his request. Section 19. Transfer of Franchise. The GRANTEE shall not sell, lease, assign or transfer this Franchise without the prior written approval of the TOWN which approval will not be unreasonably withheld; provided, however, that this Franchise may be assigned by the GRANTEE as security for debt without approval by the TOWN Section 20. Term of Franchise. This Ordinance and Franchise shall be in full force and effect for a term of twenty years from and after its passage. Section 21. Tann Rights in Franchise. (a) The TOWN hereby reserves the right and requires the GRANTEE as a condition precedent to the taking effect of this Franchise, to give and grant to the TOWN the right, in accordance with Section 167.2 Florida Statutes, at and after the expiration of said term, to purchase the CATV System plant or other property in said TOWN used under or in connection with this Franchise, or such part of such property as the TOWN may desire to purchase, at a valuation of the property (real and personal) desired, which valuaL•ion shall be fixed by arbitration as may be provided by law; and the acceptance of this Ordinance shall operate as a grant by the GRANTEE to the TOWN of said right to purchase. (b) The TOWN shall have the right, during the life of this Franchise, to install and maintain free of charge upon any poles awned by the GRANTEE all wire and pole fixtures necessary for a police and fire alarm system, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the GRANTEE. (c) At the expiration of the term for which this Franchise is granted, or upon its termination and cancellation, as provided for - 7 - herein, the TOWN shall have the right to require the GRANTEE to remove at its own expense all portions of the CATV System from all public ways within the TOWN. Section 22. Maps and Plats. The GRANTEE shall file with the TOWN Clerk true and accurate maps or plats of all existing and pro- posed installations. Section 23. Payment to the Town. During the life of this Franchise the GRANTEE shall pay to the TOWN annually a sum equal to five per cent (5n of the gross receipts of the GRANTEE from income de- rived from subscribers to the community antenna television system in use within the corporate limits of the TOWN, excluding from said gross receipts any income derived from installation charges made by the GRANTEE for ennnecting its CATV System to the subscriber. Payment to the TOWN for each of the years that this Ordinance is in effect shall be made on or before the first day of April of each year, based upon the fiscal records of the GRANTEE for the preceding calendar year (as certified to by a reputable and recognized certified public accountant) with the first of such annual payments to be made on or before the first day of April of the year after service to the subscribers begins, based on the fiscal records of the GRANTEE for the preceding calendar year or portion thereof. Section 24. Forfeiture of Franchise. (a) If the GRANTEE shall violate any of the terms or provisions of this Franchise, and should the GRANTEE continue to violate same for a period of thirty (30) days after the GRANTEE shall have been notified in writing by the TOWN to desist from such violation so speci- fied, then the TOWN may terminate and cancel this Franchise; provided, however, that the TOWN shall not cancel this Franchise if the GRANTEE is without fault as to the violations; and further provided, that this Fran- chise may not be terminated and cancelled until after the GRANTEE first been provided with adequate opportunity to be heard before the Commission, and then only by ordinance duly adopted by the TOWN It is further provided, however, that should the GRANTEE be a bankrupt then the TOWN, after sixty (60) days` written ce to the GRANTEE, may, if it so desires, terminate and cancel this chise. 8 (b) The GRANTEE, at any time during the effective period of this Ordinance, may surrender this Franchise and terminate its agree- ment hereunder by giving the TOWN written notice of its intention to do so at least six (6) months before the surrender date. On the surrender date specified in the notice, all of the rights and privileges and all of the obligations, duties and liabilities of the GRANTEE shall terminate Section 25. Town's Rights of Intervention The GRANTEE agrees not to oppose intervention by the TOWN in any suit or proceeding to which the GRANTEE is a party, concerning or involving GRANTEE and the TOWN'S rights under this Franchise. Section 26. Acceptance of Franchise Within sixty (60) days from the effective date of this Ordinance GRANTEE shall file its written acceptance of this Ordinance and Franchise with the Clerk of the Town of Gulf Stream, Florida, or else this Ordinance shall be null and void. Upon its written acceptance by GRANTEE, this Ordinance and Franchise shall constitute a contract between the Town and GRANTEE and shall be binding upon both. Section 27. Erection. Removal, and Common User of Poles (a) No poles or other wire -holding structures shall be erected by the GRANTEE without prior approval of the TOWN Representative with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire -holding structures of the GRANTEE shall be a vested interest and such poles or structures shall removed or modified by the GRANTEE at its own expense whenever the Building Inspector determines that the public convenience would be thereby. (b) Where poles or other wire -holding structures already ting for use in serving the TOWN are available for use by the GRANTEE, but it does not make arrangements for such use, the TOWN entative may require the GRANTEE to use such poles and structures it determines that the public convenience would be enhanced thereby the terms of the use available to the GRANTEE are just and reasonable. - 9 - Section 28. Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such .portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the remaining portion hereof. Section 29. Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 30. This ordinance shall take effect upon its passage in accordance with law. PASSED 8QfV1AWtZ0 on first reading this 8th day of M A Y 1970. PASSED AND ADOPTED on second and final reading this 11th day of SEPT, 1970. APPROVED: ATTEST: =TIM EXHIBIT "A" 2. RATES TO CUSTOMER: (Section 23) RATE SCHEDULE FOR Town of Gulf Stream, Florida TYPE OF SERVICE INSTALLATION MONTHLY CHARGE SERVICE CHARGE 1. RESIDENTIAL (Single Family) Installation, first TV $4.95 $4.95 (Free connection during construction period) 'k_�rp-,.L�� �� I TALLATIOOut et 4.95 1.25 (Free if ordered with the first installation) RECONNECTION CHARGE 4.95 TRANSFER 4.95 RELOCATION OF OUTLETS 4.95 *2. MULTIPLE FAMILY (8 Units or Less) 4.95 3.95 INSTALLATION - Second Outlet 4.95 1.00 *3. MULTIPLE APARTMENTS (Over 8 Units) CONDOMINIUMS, MOBILE HOME PARKS INSTALLATION - All Units Time & Material 3.95 INSTALLATION - Second Outlet Time & Material 1.00 4. COMMERCIAL UNITS INSTALLATION - All Units Time & Material 4.95 Additional Units (1009 of Additional Units) Time & Material 4.95 S. HOTEL & MOTEL INSTALLATION - All Units Time & Material Monthly Service First Unit 4.95 Next 29 Units (up to 30) 1.50 Next 20 Units 1.25 All Units over 50 1.00 * Applicable only if apartment owner guarantees 100% connections on a single monthly billing.