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.
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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
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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
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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
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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
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(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
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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
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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.
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(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.
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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.