29-74 ORDINANCE NO. 29-74
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING A FRANCI~SE TO
LEADERSHIP CABLE SYSTEMS OF DELRAY BEACH, INC. ,
ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND
MAINTAIN A COMMUNITY ANTENNA TELEVISION
SYSTEM IN THE CITY; SETTING FORTH RATES AND
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
PROVIDING FOR CITY REGULATION AND USE OF THE
COMMUNITY ANTENNA TELEVISION SYSTEM; AND
PRESCRIBING PENALTIES FOR VIOLATION OF THE
FRANCHISE PROVISIONS; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
Section 1. Short Title. This Ordinance shall be known and may be cited as the
"Delray Beach CATV Leadership Franchise".
Section 2. Definitions. That for the purposes of this 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) "City" is the City of Delray Beach, Florida.
(b) "Council" is the City Council of Delray Beach, Florida.
(c) "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.
(d) "Person" is any person, firm, partnership, association, corporation,
company or organization of any kind.
(e) "Grantee" is Leadership Cable System of Delray Beach, Inc., duly
authorized to transact business in the State of Florida, or anyone
who succeeds Leadership Cable System of Delray Beach, Inc., in
accordance with the provisions of this Franchise.
(f) "Closed Corpor. atlon is any corporation which has 20 stockholders
or less.
Section 3. Grant of Nonexclusive Authority.
(a) There is hereby granted by the City to the Grantee the right and
privilege to construct, erect, 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 City, poles,
wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
in the City of a CATV system for the interception, sale and
distribution of television and radio signals.
(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 City 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
Fr anchis e.
(c) The company shall have the right to enter into arrangements for the
attachment onto and use of facilities owned and operated by public
utilities operating within the City, whereby the company shall
strictly comply with the terms, provisions, and restrictions of
said agreements, and copies of all agreements made with other
public utilities operating within the City shall be provided to the
City upon request for the same.
Section 4. Compliance with Applicable Laws and Ordinances.
(a) The grantee shall, at all times during the life of this Franchise,
be subject to all lawful exercise of the police power by the City and
to such regulation as the City shall hereafter provide, and the
grantee shall fully comply with all applicable laws, rules, and
regulations now in effect or hereinafter adopted by the Federal
Communications Commission, the City, the State of Florida and
the United States Government.
(b) Copies of all petitions, applications and communications submitted
by the grantee to the Federal Communications Commission,
Securities and Exchange Commission, or any other federal or
state regulatory commission or agency having jurisdiction in
respect to any matters affecting CATV operations authorized
pursuant to this Franchise shall be provided to the City upon
request for the same.
(c) Programs carried by the grantee shall be carried in their
entirety as received, with announcements and advertisements
and without additions.
Section 5. Territorial Area Involved. This Franchise is granted in all areas
within the present corporate limits of the City and to any area henceforth added thereto
during the term of this Franchise providing an exclusive franchise is not in existence
in the area annexed.
Section 6. Liability and Indemnification.
(a) The grantee shall indemnify and hold harmless the City, its officers,
agents and employees, from all claims, debts, liabilities, demands,
interest, court costs and attorneys fees, to itself, or to any third
person, whether for bodily injury, death, property damage or
otherwise, in any way arising out of the operations of grantee
under 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
City in defending itself with regard to all damages and penalties,
including, but not limited to, all out of pocket expenses, such as
attorney fees, and the reasonable value of any services rendered
by the City Attorney or his assistant or any employees of the City.
(c) The grantee shall maintain, and by its acceptance of this Franchise
specifically agrees that it will maintain throughout the term of this
Franchise liability insurance insuring the grantee and naming the
City as an additional insured thereunder, against loss or damage
arising out of the operations or responsibility of grantee under this
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franchise with primary and umbrella insurance in a total limit of
$10 million dollars ($10,000~ 000.00). Copies of policies are to be
furnished City.
(d) Performance Bond. The company shall maintain, during the
existence of the rights and privileges granted hereunder, a
faithful performance bond running to the City, with a good and
sufficient surety acceptable to the City, in the penal sum of
$25,000, conditioned that the Company shall well and truly
observe, fulfill and perform each term and condition of this
ordinance and that in case of any breach of condition of the
bond, the amount thereof shall be recoverable from the principal
and surety thereof by the City for all damages resulting from the
failure of the Company to well and faithfully observe and perform
any provisions of this ordinance.
(e) The insuring initial performance guarantee policy and permanent
payment and performance guarantee obtained by the grantee in
compliance with this section must be approved by the City Council
and such insurance policy and guarantee along with the written
evidence of payment of the required premiums shall be filed and
maintained with the City Clerk of the City during the term of this
Franchise.
(f) The insurance policies, and bonds which the grantee is required to
furnish under the requirements of this franchise shall be first
submitted to the City Attorney for his acceptance and approval
thereof on behalf of the City, and, if so accepted and approved,
shall be filed in the office of the City Clerk together with written
evidence of payment of the required premiums due thereunder.
Section 7. Color TV. The facilities used by the grantee shall be capable of
distributing color TV signals, and when the signals the grantee distributes are
received in color, they shall be distributed in color.
Sectio..n 8. Signal Quality Requirements. The grantee shall at all times:
(a) Use at least 120 MHZ of bandwidth (the equivalent of 20 television
broadcast channels) available for immediate or potential use.
(b) Maintain equipment that passes standard color television signals
without degradation and with a phase shift measured within its own
system not to exceed plus or minus 7 degrees. Said phase shift
measured within its own system shall mean the difference between
the phase shift measured in the signal received by the grantee at its
tower and the measure of phase shift at the subscriber's receiver.
(c) Provide a minimum level of 1,000 microvolts across 300 ohms at
the input terminals of each TV receiver on the line.
(d) Provide that the system and all equipment be designed and rated
for 24 hours per day continuous operation.
(e) Provide a signal-to-noise ratio of not less than Forty decibels
measured at the subs criber's receiver.
(f) Provide a television signal with a hum modulation less than five
percent measured at the subscriber's receiver.
(g) Provide a television signal free of interaction between any channels
which may cause excessive cross-modulation distortion. The
system cross-modulation distortion level shall meet a minimum
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standard of 40 decibels below the level of the television signals
distributed to any subscriber connected to the system measured
at the subscriber's receiver.
(h) Operate the system in compliance with Subpart K of Part 76 of the
Federal Communications Commission Rules and Regulations
relating to incidental radiation.
(i) Provide an intermodulation distortion not to exceed minus forty-six
decibels measured a't the subscriber's receiver.
(j) Provide that the plot of gain versus frequency across any six
megacycle channel is to be flat plus of minus 2. decibels measured
at the subscriber's receiver.
(k) Limit failures to a minimum by locating and correcting malfunctions
promptly, but in no event longer than 24 hours after notice has been
given, except that said time shall be extended as long as is necessary
where the performance of this obligation is prevented by an act of
God, or the same is otherwise made impossible due to circumstances
over which the grantee has no control.
(1) Provide and keep accurate calibrated test equipment for the testing
of all service and operation standards outlined in this ordinance and
shall conduct these tests as requested by the City under the
supervision of a city representative in order to establish the
level of performance of the system. The grantee shall provide
responsible service and investigation in response to all customer
complaints. Should any customer be unable to obtain acceptable
service from the grantee, said customer may make application to
th~ City to require such tests by the grantee. The customer, upon
presenting his request, shall deposit v~ith the City through the office
of the City 1Vianager, the sum of $50.00 as a deposit towards the
cost of such tests. Should the test indicate that the grantee has
failed to provide service to said customer in accordance with the
operational standards outlined in this ordinance, then the grantee
shall bear the cost of said test and the deposit herein required shall
be returned to the customer. Should the test indicate that the
grantee is conforming with the operational standards set forth
in this ordinance, then the cost of said tests shall be borne by
the complaining customer. So much of said deposit as is necessary
to reimburse the grantee for the actual cost of its tests shall be paid
over to the grantee and the remainder of the deposit, if any, shall
be returned to the customer.
Section 9. Operation and IV~aintenance of S.ystem.
(a) The grantee shall render efficient service, make repairs promptly,
and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be
preceded by notice and shall occur during periods of minimum
use of the system. The company shall operate the system so that
there will be no interference with television reception, radio
reception, telephone communications or other installations which
are now or may hereafter be installed and in use by the City or any
persons in the City.
(b) The grantee shall maintain an office in the City of Delray Beach
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 at any time.
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Section 10. Carriage of Signals. The television and radio signals received
and distributed by the grantee and distributed to thc general public from broadcasting
stations licensed by the Fcdcr.al Comm.unications Commission shall be disseminated
without charge to thc general public except as provided in Section 29 hereof..
Section 11. Service to Schools. The grantee shall provide aservice drop to
each public school location within the City for educational purposes upon request by.
the City and at no cost to the City or to the public school system. The Grantee may
at its election provide similar services without cost to private schools, including
parochial or other religious schools.
Section 12. Erner~cncy Use of Facilities. In the case of any emergency or
disaster, the grantee shall, upon request of the City R, Ianager, make available its
facilities to the City for emergency use during the emergency or disaster period.
Section 13. Other Business ActiVities.
(a) The grantee, its employees and if a closed corporation, its
shareholders, hereunder shall not engage in the business of
selling, repairing or installing television and radio receivers,
or commercials accessories for such receivers within the City
of Delray Beach, Florida, during tile term of this Franchise.
Violation of this section shall be considered a breach of the terms
of this Franchise if such violation is caused by an employee or
shareholder only after the grantee has been notified of such
employee's or shareholder's activities and then only if the grantee
fails to take immediate action to correCt such violation.
(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 grantor.
(c) Music to Business, etc. The Company shall not cO'ntract for or
otherwise provide a music service which'is originated by the
system or procured from any source, other than from signals
broadcasted by duly authorized broadcasting stations to any
business, professional or commercial establishment· This
subsection shall not prohibit the connection of a CATV drop to
any business, professional or commercial establishment if the
connection is made only to a TV set which is in operating order
at the time of connection, nor shall this section prohibit the us e
of background music in conjunction with the operation of any such
CATV channel for which there is no charge except as provided in
Section 29 hereof.
(d) Neither the company nor any of its officers, agents or employees
shall indicate or recommend, in any manner, a specific sale or
service establishment or individual be used for the sale on.service
of any television set.
Section 14. Safety Requirements.
(aJ' The Grantee shall at all times employ due care and shall install
and maintain in use commonly accepted methods and devices for
preventing fail,'~es and accidents which arc likely to cause damage,
injuries, or nuisances to the public.
(b) The Grantee shall install and maintain its wires, cables, fixtures,
and o/her equipment in accordance with the requirements of the
National Electric Safety Code promulgated by the National Bureau
of Standards and the National Electrical Code of thc American
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Insurance Association, and in such manner that they will not
interfere with any installations of the City or of a public utility
· serving 'the City. ' '
(c) All siructures and all lines, equipment, and connections in, over,
under, and upon the streets, easements and swales, sidewalks,
n]]eys and public ways or places .of the City, wherever situated
or located, shall at all times be kepi and maintained in a safe,
suitable, substantial condition, and in good order and repair.
(d) The grantee shall maintain a force of one or more resident agents
or employees at all times and shall have sufficient employees to
provide safe, adequate, and prompt service for its facilities.
Section 15. Conditions on Street Occupancy.
(a) All transmissions and distribution structures, lines, and equipment
erected by the grantee within the City shall be first approved by the
City upon application by the grantee and shall be so located as to
cause minimum tnt erfer enc e with the proper us e of streets,
easements and swales, sidewalks, alleys, and other public
ways and places, and to cause minimum interference with the
rights and reasonable convenience of property owners who join
any of the said streets, easements and swales, sidewalks, alleys
or other public ways and places.
(b) In cases of disturbance of any street, easement and swale, sidewalk,
alley, public way, or paved area, the grantee shall, at its own cost
and' expense and in a manner approved by the City Manager, replace
and restore such street, sidewalk, easement and swale, alley,
public way, or paved area in as good a condition as before the
work involving such disturbance was done, and shall maintain
such repairs for one year after the completion of same.
(c) If at- any time during the period .of this Franchise the City shall
lawfully elect to alter or change the grade of any street, easement
and swale, sidewalk, alley, or other public way,*the grantee, upon
reasonable notice by the City, shall remove, relay, and relocate
'its poles, wires, csbles, underground conduits, manholes, and
other fixtures at its own expense. * or to relocate orinstall
additional paving or utilities,
(d) Any poles or other fixtures placed in any public way by the licensee
shall be placed in such manner as not to interfere with the usual
travel or any utilities located in or on such public way.
(e) The grantee shn]], on the request of any person holding a building
moving permit issued by the City, 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 not less than 72 hours advance notice to arrange for such
· .... temporary wire changes.
(f) The grantee shall have the authority to trim trees upon and
overhanging streets, easements and swales, alleys, sidewalks,
and public ways and places of the City so as to prevent the branches
of such trees from coming in contact with the v'ires and cablcs of
the grantee, except that at the option of the City, upon request of
the grantee, such trimming may be done by it or under its
supervision and direction at thc expense of the grantee.
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(g) In all sections of the City where the cables, wires, or other like
facilities of public utilities are presently placed underground or
are required to be so placed underground at any time in the future,
the grantee shall place its cables, wires or other like facilities
underground to the maximum extent that existing technology
reasonably permits the grantee to do so.
(h) The City shall not be required to assume any responsibility for
the securing of any rights-of-way or easements, nor shall the
City be responsible for securing any permits or agreements with
other persons or utilities.
Section 16. Employment Practices. The Company will establish and adhere
to the following procedures, policies and reporting requirements:
(a) Equal opportunity in employment shall be afforded all qualified
persons by the Company and no person shall be discriminated
against because of race, color, religion, national origin or sex.
(b) An equal opportunity notice will be posted in the office of the
Company which states as follows: "Equal Opportunity Employer --
discrimination because of sex, race, color, religion, or national
origin is prohibited and you may notify the Equal Opportunity
Commission or the Federal Communications Commission if you
believe you have been discriminated against."
(c) The policy set forth in (b) above will be set forth on the employment
application forms of the Company in red ink.
(d) The local employment offices will be notified that the Company is
an equal opportunity employer and there will be no discrimination
practiced by the Company of sex, race, color, religion, or
national origin.
(e) Those in positions to hire will be specifically instructed to examine
all hiring policies to make certain that the same comply with the
for egoing declarations.
(f) Each employee of the Company will be advised of the foregoing
equal opportunity policy.
(g) Whenever recruiting for employees is done by means of
advertisement, the words "Equal Opportunity Employer" will
be placed in media that have significant circulation among
minority group people.
(h) No selection techniques or tests that may have the effect of
dis criminating against minority groups or females will b e us ed.
(i) Whenever recruiting is done through schools, schools with
significant minority group enrollments will b e given equal
cons id er ation.
(j) Contact with leadership in minority and human relations
organizations will be maintained to encourage referral of
qualified minority or female applicants.
Section 17. 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 subscriber upon his request.
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Section 18. Transfer of Franchise. The grantee shall not transfer this
Franchise to another person or corporation without prior approval of the City Council
by Resolution.
Section 19. Change of Control of Grantee. Prior approval of the City Council
shall be required where ownership or control of more than 30% of the right of control
of grantee is acquired by a person or group of persons acting in concert, none of whom
already own or control singularly or collectively except that this section shall not apply
to any corporation other than a closed corporation as defined herein. By its acceptance
of this Franchise the grantee specifically grants and agrees that any such acquisition
occurring without prior approval of the City Council shall constitute a violation of this
Franchise by the grantee.
Section 20. City Rights in Franchise.
(a) The right is hereby reserved to the City or the City Council to
adopt, in addition to the provisions contained herein and in existing
applicable ordinances, such additional regulations as it shall find
necessary in the exercise of the police power; provided that such
regulations, by ordinance or otherwise, shall not conflict with the
rights herein granted.
(b) The City shall have the right to inspect the books, records, maps,
plans and other like materials of the grantee related to its
operations in the City of Delray Beach at any time during
normal business hours, as to books, records, maps, plans
and other materials related to or affecting grantee's financial
obligations to the City set forth in this ordinance, maintained
within Delray Beach.
(c) The City shall have the right, during the life of this Franchise,
to install and maintain free of charge upon the poles of the grantee
any wire and pole fixtures necessary for a police alarm system,
on the condition that such wire and pole fixtures do not interfere
with the CATV operations of the grantee.~
(d) The City shall have the right to supervise all construction or
installation work performed subject to the provisions of this
Franchise and make such inspections as it shall find necessary
to insure compliance with the terms of this Franchise and other
pertinent provisions of law.
(e) At the expiration of the term for which this Franchise is granted,
or upon its termination and cancellation, as provided for herein,
the City shall have the right to require the grantee to remove at
its own expense all or any portion of the CATV system from all
public ways within the City.
(f) At the expiration of the term for which this Franchise is granted,
or upon its termination and cancellation, as provided for herein,
the City shall have the right to purchase the system and other
property used under or in connection with this franchise or such
portion of the system and property as the City may desire to
purchase at a valuation of system and property, real and personal,
desired which valuation shall be fixed by arbitration as may be
provid ed by law.
Section 21. Maps, Plats and Reports.
(a) Upon request the grantee shall file with the City Engineer accurate
maps of its system, showing construction and distribution networks
and the grantee shall maintain same current.
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(b) The grantee shall file annually with the City Finance
Director, within ninety days after the end ~of the grantee's
fiscal year, a Certified Public Accountant's statement of
the gross receipts derived from the grantee's subscribers
within the area designated by this Franchise for said year.
(c) The grantee, if a closed corporation as defined, shall
keep on file with the City Clerk a current list of its
shareholders and bondholders.
Section 22. Payments to the City.
(a) The company shall pay the City three (3) percent of gross
subscription revenue received by the company for cable
television service provided to subscribers within the
corporate limits of the City as now or hereafter consti-
tuted. Said payments shall be made on a quarterly basis.
(b) Gross subscription revenue shall include all items as set
forth by the Federal Communications Commission from time
to time.
(c) The grantee guarantees the following minimum subscribers:
For the year 1975 3,000 subscribers
For the year 1976 6,000 subscribers
For the year 1977 8,000 subscribers
For the year 1978 8,000 subscribers
For the year 1979 8,000 subscribers
(d) City may amend this ordinance at any time after three years
from its effective date to levy a public service tax.
Section 23. Forfeiture of Franchise.
(a) In addition to all other rights and powers pertaining to
the City by virtue of this Franchise or otherwise, the City
reserves the right to terminate and cancel this Franchise
and all rights and privileges of the grantee hereunder in
the event that grantee:
(1) Violates any provision of this Franchise or any rule,
order, or determination of the City or City Council
made pursuant to this Franchise.
(2) Becomes insolvent, unable or unwilling to pay its
debts, or is adjudged bankrupt
(3) Attempts to dispose of any of the facilities or
property of its CATV business to prevent the City
from purchasing same, as provided for herein.
(4) Attempts to evade any of the provisions of this Fran-
chise or practices any fraud or deceit upon the City.
(5) Fails to submit applications for all necessary li-
censes and permits within 30 days after grant of the
franchise, copies of which applications shall be filed
with the City Clerk, and/or fails to commence con-
struction within 60 days after grantee's receipt of
all required licenses and permits.
(6) Fails to complete construction of a CATV System with-
in the present city limits of City within two years
from the issuance of a Certificate of Compliance from
the Federal Communications Commission.
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(b) Such termination and cancellation shall be as follows:
(1) Notice shall be sent from City by tile City ~%~Ianager to
'"' 'grantee,' by registered or certified mail or hand delivered.
(2) Said notice shall specify in a general way so as to be
reasonably understood, the particular terms, conditions
or provisions of the franchise or ordinance, which have
been, or are being violated, and shall name a time not
less than five (5) days thereafter, within which to strictly
comply with such terms, conditions or provisions.
(3) If grantee shall, after service of such notice, fail to
strictly comply with any of such terms, conditions or
provisions, within the tirne therein prescribed, (not
less than five (5) days), then and from thenceforth said
grantee shall be deemed to have forfeited and annulled
all of its said franchise, grants, privileges, rights,
licenses and immunities.
(4) Upon failure of grantee to comply with any such terms,
conditions or provisions of said notice, City may remoye
from any streets, alleys, or easements all property of
-. grantee as if no franchise, grant, privilege, right, license
or immunity had ever been given.
Section 24. City's Right of Intervention. The grantee agrees not to oppose
intervention by the City in any suit or proceeding to which the grantee is a party.
Section 25. Further A~reement and \Vaiver by Grantee. The grantee agrees
to abide by all provisions of this Franchise, and further agrees that it will not at any
future tLn~.e set up as against the City or the City Council the claim that the provisio~
of this Franchise are unreasonable, arbitrary, or void.
Section 26. Duration and Renewal of Franchise.
(a) The rights and privileges granted hereunder shall commence on
the effective date of this ordinance and continue for a period of
fifteen (15) years unless sooner terminated as herein provided.
It has been determined by the City that the period of 15 years is
a reasonable period of time for the duration of a grant of such
rights and privileges of this type and nature, provided that within
30 days after passage of the ordinance naming grantee, said
grantee shall file with the City Clerk its unconditional acceptance
of this Franchise and promise to comply with and abide by all of
-- its provisions, terms and conditions.
(b) At the termination of the initial 15 years the rights and privileges
granted hereunder may be renewed at the election and agreement
of the City and the Company for a reasonable period of time upon
revaluation of the state of the art and Company shall continue service for a period of six *
(c) Should the grantee fail to comply with subsection (a) above, it shall
acquire no rights, privileges, or authority under this Franchise
"-' whatever.
Section 27. Erection~ Re:,.oval~ and Common User' of Poles.
(a) No underground facilities, poles or other wireholding structures
shall be erected b3 the grantee without Prior approval of the City
Manager with regard to location, height, type and any other pertinent
aspect. However, no location of any underground facility, pole or
wire-holding structure of the grantee shall be a vested interest and
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*months beyond the 15 years or such period of time as negotiated between the parties in the
event a new franchise has not been gr~,nted.
such poles or structures shall be removed or modified by the
grantee at its own expense whenever the City Manager determines
that the public convenience would be enhanced thereby.
(b) Where poles or other wire-holding structures already existing for
use in serving the City are available for use by the grantee, but it
does not make arrangements for such use, the City Council may
require the grantee to use such poles and structures if it determines
that the public convenience would be enhanced thereby and the terms
of the use available to the grantee are just and reasonable.
(c)- Where the City or a public utility serving the City desires to make
use of the poles or other wire-holding structures of the grantee, but
agreement therefor with the grantee cannot be reached, the City
Council may require the grantee to permit such use for such
consideration and upon such terms as the Council shall determine
to be just and reasonable, if the Council determines that the use
would enhance the public convenience and would not unduly
interfere with the grantee's operations.
Section 28. Number of Channels. The Grantee shall make available upon the
request of the City Council one channel for educational TV, one channel for public access
and one channel for local government service. The grantee's cable distribution system
shall be capable of carrying at least 20 television channels. The grantee shall carry
all licensed VHF and UHF channels in accordance with Subpart D of Part 76 of Federal
Communications Commission Rules & Regulations.
Section 29. Rates and charges to Subscribers. The original maximum charge
which may be levied by the Company for installation of its services is as follows:
Type of Service Installation Monthly
(TV or FM) (Standard) Service
(a) Residential (Single Family)
First Outlet $ 9.95 $ 5.95
Extension Outlets 9.95 1.25
(b) Multiple Family, Condominiums~ Multiple Apartments
(1) Individual Residences
First Outlet 9.95 5.95
Extension Outlets 9.95 1.25
(2) Owners/Association or Collective Individual Guarantee on 8
Units or More
100% Connections on Single Monthly Billing
All First Outlets 9.95 4.95
Ail Extension Outlets 9.95 1.00
(c) Commercial Units (Stores & Offices)
(1) Individual Units
First Outlet 9.95 5.95
· Extension Outlets 9.95 1.25
(2) Owners/Association or Collective Individual Guarantee on 8
Units or More
100% Connections on Single Monthly Billing
All First Outlets 9.95 4.95
All Extension Outlets 9.95 1.00
(d) Hotels and Motels
First Outlet By Contract 5.95
Next 49 Outlets By Contract 1.25
All over 50 Outlets By Contract 1.00
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(e) When a converter is furnished to a rental unit, there will be a
$15.00 security deposit made to the Company on the converter.
(f) All standard installation charges shall be waived during time
installation of the CATV system is taking place past a potential
subscriber.
(g) The Company is granted the privilege of making additional
installation charges for custom installation charges as defined
in this Ordinance. The amount of the Company's compensation
shall be subject to applicable federal, state and local law and
regulations. All rates shall be uniform throughout the City. No
changes in rates charged to subscribers shall be made except as
authorized by the City after an appropriate public hearing.
(1) "Standard Installation" shall mean any installation which
requires no more than 150 feet of lead-in type cable, where
entry into the structure is made through an outside wall,
wherein internal wiring can be affixed to the surface of the
wall or base-board, and where the method of outside
installation, either aerial or underground, is the same
as is employed in the distribution line serving the subscriber.
(2) "Custom Installation" shall mean any installation which
employs outside construction methods, either aerial or
underground, different from that employed in the distribution
line serving the subscriber, where inside wiring involves
installation of cable or wire in any attic, crawl space or
within the dead space area of any wall, or requires more
that 150 feet of lead-in type cable, or requires additional
amplification equipment to provide proper service.
Section 30. Company Rules. The company shall have the authority to
promulgate such rules, regulations, terms, and conditions governing the conduct
of its business as shall be reasonably necessary to enable the company to exercise
its rights and to perform its obligations under this Franchise ordinance and to assure
an uninterrupted service to each and all its customers, Provided, however, that such
rules, regulations, terms, and conditions shall not be in conflict with the provisions
hereof and shall be filed with the City.
Section 31. Semi-Annual Negotiations. Because of the regulatory, technical,
financial, marketing, and legal uncertainties associated with cable communications,
the parties intend to provide a degree of flexibility in developing the cable system. It
is intended that at semi-annual negotiating sessions the parties shall review progress
towards the objectives proposed in the projected revenue and cost reports. If it appears
grantee has fallen short of its objectives, the session shall be devoted to developing new
services, lowering subscriber rates, revising line extension plans or other services.
Section 32. Publication Costs. The grantee shall assume the cost of publication
of this Franchise as such publication is required by law and such is payable upon the
grantee's filing of acceptance of this Franchise.
Section 33. 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 provision and such holding shall not affect the validity of the remaining
portions hereof. In the event that the Federal Communications Commission declares
any section invalid, then such section or sections will be renegotiated by the City and
the Grantee.
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Section 34. This Ordinance shall take effect immediately upon passage on
second and final reading following the public hearing.
PASSED AND ADOPTED on second and final reading of the 22nd day of
July , 1974.
ATT EST:
City C~rk
First Reading June 24, 1974
Second Reading July 22, 1974
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