104-84 ORDINANCE NO. 10t~-gg
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRAN-
CHISE'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH~
FLORIDA, BY AMENDING SECTION 10-2, "DEFINITIONS", BY CHANGING
THE DEFINITION OF GRANTEE II TO REFLECT A TRANSFER OF THE
FRANCHISE CURRENTLY HELD BY DENNTRONICS CABLE~ INC.~ TO
SUNBELT-DENNTRONICS~ A LIMITED PARTNERSHIP ORGANIZED UNDER
THE LAWS OF THE STATE OF FLORIDA AND AUTHORIZED TO DO
BUSINESS IN THE STATE OF FLORIDA; PROVIDING A SAVINGS CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA~ AS FOLLOWS:
Section 1. That Section 10-2, "Definitions~', of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Sec. 10-2. Definitions.
For the purposes of this chapter~ 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) Cable television system~ hereinafter referred to as "CATV system" or "system~"
means a system of coaxial cables or other electrical Conductors and equipment used
or to be used primarily to receive television or radio signals directly or indirectly off-
the-air and distribute them to subscribers for a fee and such other services as
specified by the Federal Communications Commission.
(b) City is the City of Delray Beach, Florida.
(c) Closed corporation is any corporation which has twenty (20) stockholders or less.
(d) Council is the city council of Delray Beach~ Florida.
(e) Dwelling unit as used herein shall be the number of individual residential units for
which a separate basic charge may potentially be collected. The number of dwelling
units shall not include the number of units in a multi-family residence or complex if
the company with a request for service is prohibited access to the complex or
building. The number of dwelling units shall include any commercial unit which has
specifically requested cable service or which now has cable service provided by either
Grantee.
(f) Dwelling units per linear mile as used herein shall be a measurement made from
the dwelling unit requesting service to closest point at which the Grantee with the
request for service has live cable wire. Whenever the distance measured results in a
measurement which is less than a mile or includes a fraction of a mile the number of
dwelling units required to be passed to entitle the customer to receive service shall
be adjusted accordingly. (e.g. if the distance from live cable to customer requesting
service is one-third of a mile and no other units along that line request service~
service must be provided if there are at least four dwelling units between the live
cable and the dwelling unit of the customer requesting service.)
(g) Grantee as used herein is a general term which, unless otherwise stated, refers to
both Grantee I and Grantee II.
(h) Grantee I. Fairbanks Communications, Inc., an Indiana corporation authorized to
transact business in the state of Florida, or anyone who succeeds Fairbanks
Communications, Inc. in accordance with the terms of this franchise.
(i) Grantee II.
~';:~n::: ~.n= th: :t---le-~-~ Sunbelt-Denntronic% Ltd.~ a limited partnership
organized under the laws of the State of Florida and certified by the Department of
State as authorized to do business in the State of Florida as such limited partnership
or anyone who succeeds D:n~t~,eede~-4g-abler-4ee,-Sunbelt-Denntronic% Ltd.~ in
accordance with the terms of this franchise.
(j) Person is any person, firm, partnership, association, corporation, company or
organization of any kind.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 3. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 15th
day of January ., 1985.
ATTEST:
First Reading December 4, 198__~4
Second Reading January 15, 1985
-2- Ord. No. 104-84