36-71 ORDINANCE NO. 3 6-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, GRANTING A FRANCHISE TO
__ TELEPROMPTER FLORIDA CATV CORPORATION ,
ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND
MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM
IN THE CITY; SETTING FORTH CONDITIONS ACCOM-
PANYING 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; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; 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 Community Antenna Television Franchise
Ordinance."
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.
(d) "Person" is any person, firm, partnership,
association, corporation, company or organization
of any kind.
(e) "Grantee" is TelePrompTer Florida CATV Corporation
duly authorized to trans-
act business in the State o$ Flqrida__or anyon9
who succeeds TelePrompTer Floriaa CATV Corporation
in accordance with the
provisions of this Franchise.
(f) "Closed Corporation" 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 intercep-
tion, 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 Franchise.
(c) The company shall have the right to enter into
arrangements for the attachment onto and use of
facilities owned and operated by public utili-
ties 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.
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 gran-
tee shall fully comply with all applicable laws, rules, and regula-
tions now in effect or hereinafter adopted by the Federal Communica-
tions Commission, the City, the State of Florida and the United States
Government.
Copies of all petitions, applications and communications sub-
mitted 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.
Programs carried by the grantee shall be carried in their entire-
ty 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.
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, whe-
ther for bodily injury, death, property damage or other-
wise, 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 ex-
penses 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
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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 lia-
bility insurance insuring the grantee and naming the
City as an additional insured thereunder, against
loss or damage arising out of the operations of grantee
under this franchise in the following minimum amounts:
(1) $250,000.00 for bodily injury or death
to any one person and $500,000.00 for
any one accident;
(2) $250,000.00 for property damage result-
ing from any one accident;
(3) $500,000.00 for the infringement of copy-
rights; and,
(4) $500,000.00 for all other types of liability.
(d) Initial Performance Guarantee. The Grantee shall, with-
in thirty" (50) days after the adoption of the resolu-
tion naming said grantee, post with the City a perform-
ance bond or cash in the amount of $50,000.00 which will
be returned to the Grantee at the end ofthree years pro-
vided the grantee has in good faith during said time,
commenced its construction of the system to be operated
pursuant to this Franchise within one year from the ef-
fective date of this ordinance, and has completed the
construction and is offering community antenna television
service to all the residents of Delray Beach within four
years from the effective date of this ordinance and has,
in good faith, complied with the terms of this ordinance
and rules and regulations herein required and permitted.
The grantee shall make quarterly progress reports to the
City Manager after the date construction is commenced.
In default of the grantee performing the obligation herein
in this section set out, the said sum of $50,000.00 shall
be forfeited in total to the City of Delray Beach.
(e) Permanent Pa.yment and Performance Guarantee. The grantee
shall furnish bond to the City in the initial sum of
$5,000.00 at the time the grantee files its acceptance
of this Franchise. Said bonds shall thereafter be re-
placed annually by a bond in the amount of that payment
made to the City by the grantee as required under the
terms of this Franchise plus $5,000.00. Said bond shall
be maintained in full force and effect throughout the
terms of this Franchise Ordinance to guarantee the pay-
ment of all sums which may become due to the City under
this Franchise Ordinance, including the removal of at-
tachments upon termination of this Franchise Ordinance
by any of its provisions, and such bond shall guarantee
to the City the performance by the company of all the
provisions of this Franchise Ordinance and all laws, rules
and regulations herein permitted to be adopted and en-
forced.
(f) 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 pay-
ment of the required premiums shall be filed and main-
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tained with the City Clerk of the City during the
term of this Franchise.
(g) 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.
~ection 7. Color TV. The facilities used by the grantee shall
be capable of distr~butin~ color TV signals, and when the signals the
grantee distributes are received in color, they shall be distributed
in color.
Section 8. Signal Quality Requirements. The grantee shall at
all times:
(a) Use all band equipment capable of passing the
entire VHF television and FM rDdio ~pectrum
consistent with the state of the art.
(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 continu-
ous operation.
(e) Provide a signal-to-noise ratio of not less than
Forty decibels measured at the subscriber's
receiver.
(f) Provide a television signal with a hum modulation
less than three 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
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 D of
Part 15 of the Federal Communications Commission
Rules and Regulations relating to incidental ra-
diation.
(i) Provide an intermodulation distortion not to ex-
ceed minus forty-six decibels measured at the
subscriber's receiver.
(j) Provide that the plot of gain versus frequency
across any six megacycle channel is to be flat
plus or minus 2.5 decibels measured at the sub-
scriber's receiver.
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(k) Limit failures to a minimum by locating and correct-
ing 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 neces-
sary where the performance of this obligation is pre-
vented 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
on hand in the City 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 in-
vestigation in response to all customer complaints.
Should any customer be unable to obtain acceptable
service from the grantee, said customer may make ap-
plication to the City to require such tests by the
grantee. The customer, upon presenting his request,
shall deposit with the City through the office of the
City Manager, the sum of $100.00 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 re-
quired 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 complain-
ing 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 re-
mainder of the deposit, if any, shall be returned to
the customer.
Section 9. 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. 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 installa-
tions 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 bus-
iness hours, have a listed telephone, and be so operated
that complaints and requests for repairs or adjustments
may be received at any time.
Section 10. Carriage of Signals. The television and radio
signals received and d~st'ributed bY' the grantee and distributed to
the general public from broadcasting stations licensed by the Federal
Communications Commission shall be disseminated without charge to the
general public except as provided in Section 29 hereof.
Section 11. Service to Schools. The grantee shall provide a
service drop to each public school location within the City for edu-
cational purposes upon request by the City and at no cost to the City
or to thepublic school system. The Grantee may at its election pro-
vide similar services without cost to private schools, including
parochial or other religious schools.
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Section 12. Emergency Use of Facilities. In the case of any
emergency or disaster, the grantee shall, upon request of the City
Council, 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 corpora-
tion, its shareholders, hereunder shall not engage in
the business of selling, repairing or installing tele-
vision and radio receivers, or commercial accessories
for such receivers within the City of Delray Beach,
Florida, during the 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 em-
ployee 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 grantee.
(c) Music to Businesses, etc. The Company shall not con-
tract for or otkerwis~ 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 con-
nection is made only to a TV set which is in operating
order at the time of connection, nor shall this section
prohibit the use 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) Advertising. The company shall not use the system for
advertising purposes for others nor shall the company
transmit over any of its equipment any advertising for
which it receives pay except that which is received
from a regular broadcasting station and merely relayed
to the subscribers in the same manner as is received
from such broadcasting station with its normal program,
unless approval is obtained from the City Council.
(e) Recommend Service. The company, any and all of its
officers, agents, and employees shall not indicate and
shall not recommend, in any manner, a specific sale or
service establishment or individual be used for the sale
or service of any television set.
Section 14. Safety Requirements.
(a) The Grantee shall at all times employ due care and
shall install and maintain in use commonly accepted
methods and devices for preventing failures and acci-
dents 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 National Electric Safety
Code promulgated by the National Bureau of Standards
and the National Electrical Code of the American In-
surance 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 structures and all lines, equipment, and connections
in, over, under, and upon the streets, easements and
swales, sidewalks, alleys and public ways or places of
the City, wherever situated or located, shall at all times
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be kept and maintained in a safe, suitable, substan-
tial condition, and in good order and repair.
(d) The grantee shall maintain a force of one or more re-
sident 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 O~cu_pancy.
(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
interference with the proper use 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, side-
walks, 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, cables, underground conduits, manholes, and other
fixtures at its own expense.
(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 shall, 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 build-
ings. The expense of such temporary removal or raising
or lowering of wires shall be paid by the person request-
ing 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 wires and cables of the grantee, ex-
cept 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 the expense of the grantee.
(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 techno-
logy reasonably permits the grantee to do so.
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(h) The City shall not be required to assume any responsi-
bility for the securing of any rights-of-way or ease-
ments, nor shall the City be responsible for securing
any permits or agreements with other persons or utilities.
Section 16. Preferential or Discriminatory Practices Prohibited.
The grantee shall not, as to rates, charges, service, services
facilities, rules regulations, or in any other respect, make or grant
any undue preference or advantage to any person, nor subject any per-
son to any prejudice or disadvantage.
Section 17. Removal of Facilities Upon Request. Upon termina-
tion of service to any subscriber, the grantee shall promptly remove
all its facilities and equipment from the premises of such subscriber
upon his request.
Section 18. Transfer of Franchise. The grantee shall not trans-
fer t~is F~ahchise to another person or corporation without prior ap-
proval 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 viola-
tion of thisFranchise 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 con-
tained 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 con-
flict 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 orligations 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 construc-
tion or installation work performed subject to the pro-
visions 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.
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(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
as a condition precedent of the taking effect of the
grant, to require the grantee of this Franchise to offer
to sell to the municipality all property used under
or in connection with this Franchise or such part of
such property as the municipality may desire to pur-
chase in accordance with and pursuant to the terms of
Florida Statutes 167.22.
(g) After the expiration of the term for which this Franchise
is granted or after its termination and cancellation, as
provided for herein, the City shall have the right to
determine whether the grantee may continue to operate
and maintain the CATV system pending the decision of the
City as to the future maintenance and operation of such
system.
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.
(lb) The grantee shall file annually with the City Finance
Director within sixty days of the end of the anniver-
sary year as defined in Sec. 22 (b) a certified statement
of the gross receipts derived from the grantee's sub-
scribers 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 grantee shall pay to the City annually the minimum
cash guarantee set forth in the attached Exhibit B, or
an amount equal to the percentage of annual gross revenues
taken in and received by it within the City during the
year as set forth in the attached Exhibit B, whichever
amount is greater, for the use of the streets and other
facilities of the City in the operation of the CATV
system and for the municipal supervision thereof. This
payment shall be in addition to any other tax or pay-
ment owed to the City by the grantee.
(b) Manner of Payment. All payments required by the grantee
to the City shall be made annually upon the first day of
April beginning_ April, 1972 ·
Such payment shall be f~r the previous anniversary year.
The term, anniversary year, as used in this section, and
in Section 21 (b) shall mean the period from January 1
through the following December 31 ,
with the first such year beginning on January 1,-'I973 .
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.
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(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 Franchise or practices any fraud or
deceit upon the City.
(5) Fails to submit applications for all neces-
sary licenses 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 pursuant to
the requirements of Section 6 (d) within 3
years from the effective date of this ordinance.
(b) Such termination and cancellation shall be pursuant
to and in accordance with the terms of Florida
Statutes, Chapter 167.23, et seq.
Section 24. City's Right of Intervention. The grantee agrees
not t~ oPpoSe interven%i0n by the City in any suit or proceeding to
which the grantee is a party.
Section 25. Further Agreement and Waiver by Grantee. The grantee
agrees to abide bY all provisions of thi~ Franchise, and further agrees
that it will not at any future time set up as against the City or the
City Council the claim that the provisions of this Franchise are un-
reasonable, arbitrary, or void.
Section 26. Duration and Acce~tanqe .of Franchise.
(a) This Franchise and the rights, privileges, and
authority hereby granted shall be in full force
and effect for a term of 30 years commencing on
February 10,1972, 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. Such accep-
tance and promise shall be in writing duly exe-
cuted and sworn to, by or on behalf of the grantee
before a notary public or other officer authorized
by law to administer oaths.
(b) 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, Removal, and Common User of Poles.
· (a) No underground facilities, poles or other wire-
holding structures shall be erected by 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 struc-
ture of the grantee shall be a vested interest and
such poles or structures shall be removed or modi-
fied by the grantee at its own expense whenever the
City Manager determines that the public convenience
would be enhanced thereby.
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(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 there-
by 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 deter-
mines 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 %he request of the City CoU'ncil one channel for educational TV
and one channel for any other non-commercial service. The grantee's
cable distribution system shall be capable of carrying at least 12
television channels. The grantee shall carry all licensed VHF and UHF
channels which place a grade B or better signal within the community.
Section 29. Rates.
(a) The initial rates and charges for television and
radio signals distributed herein shall be those
established pursuant to Section 29 (b) and none
of said rates or charges shall be changed without
prior approval of the City Council.
(b) Schedule of Rates and Charges. See Schedule of
Rates and Charges attached as Exhibit "A."
(c) The grantee shall receive no consideration what-
soever for or in connection with its service to
its subscribers other than in accordance with this
section.
(d) If, in the future, the government of the State of
Florida or of the United States of America regu-
lates the rates and/or services of the grantee for the
service provided for in this franchise in such a way
as to conflict with any provision(s) of this ordinance
such conflicting provision(s) of this ordinance shall
not be applicable.
(e) In the event the state or federal government levies
any taxes, copyright fees, or other charges upon
the services provided by grantee, such taxes, copy-
right fees or other charges will be passed on to
the subscriber by the grantee.
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, regula-
tions, terms, and conditions shall not be in conflict with the provi-
sions hereof and shall be filed with the City.
-11-
Section 31. 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 32. 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
portions hereof.
Section 33. Ordinances Repealed. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance are here-
by repealed.
Section 34. Specific authority to codify this ordinance in the
City's Code is hereby granted.
Section 35. This ordinance was approved by the electorate at a
refer~n~'um election held on December 7, 1971.
PASSED and ADOPTED on second and final reading on the 10th
day of January , 1972.
ATTEST.:
/
Ci /"
First Reading__~D~c~mbor ~7, 1971 .
Second Reading January 10, 1972.
-12-
EXHIBIT "B"
BID FOR CATV FRANCHISE
1. PAYMENT TO CITY ANNUALLY: (Section 22) - PROPOSAL
YEAR ..~ MINIMUM PAYMd~NT
First Year. $10j00_0,00. *
2nd through 5th year, inclusive _ 4,000.00 ea. year
6th through 10th year, inclusive 6,000.00 ea. year
llth through 15th year, inclusive 8,000.00 ea. year
16th through 20th year, inclusive ~_ 10,000.._00 ea. year
21st through 25th year, inclusive' .J. _10,000.00 ea. year
26th through 30th year, inclusive :. 10,000.00 ea. year
OR THE FOLLOWING PERCENTAGE, WHICHEVER IS GREATER:
· See cover letter dated October 27, 1972
% of Gross ,. Gross Sales Annually
4% of the First _ $100.000.00
5% of the Next ~ 50,000..00 _.-
6% of the Next _ 25,000.00 _
7% of the Next 25,000.00
8% .of the Next 25,000.00
9% of the Next 25,000.00
10% of the Next 50,000.00
11% of the Next 100,000.00
12% of the Next ~- - 100~000.00 _...-
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of" the Next
of the Next
20% of anything over $500,000.00
EXHIBIT "A"
2. RATES TO CUSTOMER: (Section 29) - PROPOSAL
RATE SCHEDULE FOR
CITY OF DELRAY BEACH, FLORIDA
MONTHLY
INSTALLATION SE RVICE
TYPE OF SERVICE CHARGE CHARGE
1. RESIDENTIAL (Single Family)
Installation, first TV _. $,4.95 $4.95
(waived during 4-year con-
struction period)
Installation, Second Set 4.95 1.25
(Waived if ordered with
first installation)
,
Reconnection Charge , .. 4.9,5
Transfer ... 4.95
Relocation of outlets 4.95
2. MULTIPLE FAMILY* (8 Units or Less)
Installation, first Unit _- 4.95 4.95
Additional Units 4.95 5.95
(Based on 100% of Units)
3. MULTIPLE APARTMENT* (Over 8 Units)
Installation, First Unit Time ~ Material' 4.95
Additional Units Time ~ Material 5.95
(Based on 100% of Units)
4. COMMERCIAL UNITS
Installation all Units Time ~ Material 5.95
5. 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 owner guarantees 100% connections on single billing;
otherwise Single Fami.Iy rates are applicable.
EXHIBIT "B"
BID FOR CATV FRANCHISE
1. PAYMENT TO CITY ANNUALLY: (Section 22) - PROPOSAL
YEAR MINIMUM PAYMENT
First Year
2nd through 5th year, inclusive ea. year
6th through 10th year, inclusive ea. year
llth through 15th year, inclusive ea. year
16th through 20th year, inclusive ea. year
21st through 25th year, inclusive ea. year
26th through 30th year, inclusive ea. year
OR THE FOLLOWING PERCENTAGE, WHICHEVER IS GREATER:
% of Gross Gross Sales Annually
of the First
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of 'the Next
of the Next
of the Next
of the Next
of the Next'
of the Next
of the ·Next
of the Next
of anything over
IDDER:
he bidder, by placement of the signature below of its duly authorized representa-
~v~, agrees that the Invitation to Bid, Instructions to Bidders, General Condi-
ions, Specifications (Ordinance No. 36-71), Addendums and/or any o'ther pertinent
ocument forms a part of t'his proposal and constitutes a part hereof.
~DDER
IGNATURE DATE
EXHIBIT "A"
2. RATES TO CUSTOMER: (Section 29) - PROPOSAL
RATE SCHEDULE FOR
CIrfY OF DELRAY BEACH, FLORIDA
MONTHL~
INSTALLATION SERVICE
TYPE OF SERVICE CHARGE CHARGE
1. RESIDENTIAL (Single Family)
Installation, first TV
(waived during 4-year con-
struction period)
Installation, Second Set
(Waived if ordered with
first installation)
Reconnection Charge
Transfer
Relocation of outlets
2. MULTIPLE FAMILY* (8 Units or Less)
Installation, first Unit
Additional Units
(Based on 100% of Units)
3. MULTIPLE APARTMENT* (Over 8 Units)
. , Installation, First Unit
Additional Units
(Based on 100% of Units)
4. COMMERCIAL UNITS
Installation all Units
5. HOTEL & MOTEL
Installation all Units
Monthly Service First Unit
Next 29 Units (up to 30)
Next 20 Units
All Units over 50
*Applicable only if owner guarantees 100% connections on single billing;
otherwise Single Family rates are applicable.
EIDDER:
The bidder, by placement of the signature below of its duly authorized representa-
tive, agrees that the Invitation to Bid, Instructions to Bidders, General Condi-
tions, Specifications (Ordinance No. 36-71), Addendums and/or any other pertinent
document forms a part of this proposal and constitutes a part hereof.
3iDDER
] IGNATURE DATE
(Title)
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
I
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ~/~lI'3r L, ~ood~r
who on oath says that he/sl~ is ....... ~i,~L~. ................................ of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a .l~......~..~..~.....~..~.?..~....i...O...r}.....~...'.,5...b...-ff..~ ......
in the matter of ~r~~.~~5~.~.~9~ ......................
in the ...................................................................... Court, was published in said newspaper in the
issues of ............... . .D...o..C...o.....~.....e..[.....3..0.,......~...9...7...~......~..... ~-...~....~...~.-.1~-......~.., ....~.9..7...2. .........................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
Pslm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commls~ion or refund
for the purpose of securing this advertisement for publication in the said newspaper.
.............. ..... .......
Sworn to and subscribed before me this ..... .6.~.h ....... day of/....~...~...r!..t!..~..~.~.~.... A/I~.~-- // 19..7....2
/ NOTARY ~-lOl~Arl. Ol~lW( ~!'
MY COMIYJIS~O,rJ £lfillSS MAR.
~~ FLORIDA' CATV CC.~R PO~ATICN
POST OFFICE BOX 2591 · WEST PALM BEACH o FLORIDA 33402 · (305) 655 - 3761
October 27, 1971
City of Delray Beach
City Hall
Delray Beach, Florida 33444
Gent lemon:
~nclosed find our bid for the CATV franchise for the City of Delray Beach
along with a copy of the 1970 .Annual Report for TelePrompTer Corporation
and our certified check in th~ a~nount of $5,000.00.
We find Ordinance Number 36 - 71 to be an instrument of mutual fairness and
benefit to the City of Delray Beach and to the franchisee. For your consid-
eration, we do proffer a few recommendations for the assurance of optimum
performa~ce by the successful bidder.
On Page four, Section eight, a minimum bandwidth requirement of 54 ~.~z through
at least 264 ~{Hz should be stipulated. As presently specified in Paragraph
(a) the upper bandwidth requirement is set at 216 b~z and does not ailow for
growth into the 20 plus channel capability that exists in neighboring muni-
cipalities.
On Page ten, Section 23, Sub Paragraph five, this applicant considers it
entirely reasonable that the franchisee submit applications for all necessary
licenses and permits within 30 days after grant of the franchise. We are
prepared to commence construction within 60 days from receipt of all licenses
permits, and would not object to this language as part of the forfeiture.~,,~-~
and
section. Further, in Sub Paragraph six, this applicant is prepared to corn- ;
plete
construction within three years from the effective date of the ordinance
thus accelerating the cities potential for increased revenue. Should the City
of Delray Beach be so inclined to alter construction deadlines as suggested,
this applicant considers that Section 6, Paragraph (d) should properly be
altered to return the bond 'to the franchisee after tk~e years ~ ~,
It is TelePrompTer's understanding that the $5~000.00 bid requirement is to
be retained by the City until such time that the successful bidder posts
performance bond of like amount. Should TelePrompTer be awarded this franchise,
the City would retain the $5,000.00 bid check and upon posting of performance
bond by TelePrompTer, the City would further retain the $5,000.00 bid check
as one half of the first years franchise payment. The balance of the first
City of Delray Beach
October 27, 1971
Page -2-
years payment will be paid to the City upon acceptance of the franchise by
TelePrompTer. This total advance payment of $10,000.00 will represent the
first years payment which, according to the terms of the ordinance, is not
due until one year from the effective date of the ordinance. Subsequent
payments would be made on April 1 of each year for the preceeding calendar
with the first such subsequent payment due on April 1, 1974. ,'
..... '
TelePrompTer agrees to pay the expense of ordinance publication a~d further
agrees to pay a proportionate share of the ballot preparation expense incurred
by the City. Such payments will be made to the City upon acceptance of the
franchise by TelePrompTer.
Finally, in the event it becomes necessary to supply subscribers with sup-
plementary t~ming devices for channel seperation or to provide additional
channel capacity, this applicant requests that a provision be made part of
Exhibit "B" whereby the licensee could adjust monthly service rates to cover
additional maintenance overhead.
TelePrompTer Florida CATV Corporation and its more than 100 employees, all
of wt'~om reside in Palm Beach County, appreciates the opportunity to be of
service to the City of Delray Beach. We thank you./
Respectfully submitted,
TelePrompTer Florida CATV Corporation
INVITATION TO BID
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS~'
PROPOSAL FORMS FOR
CATV FRANCHISE
CITY OF DELRAY BEACH
Delray Beach, Florida
BIDS TO BE RECEIVED BY
CITY MANAGER NOT LATER
THAN 9:00 A.M., OCTOBER
28, 1971.
INVITATION TO BID
1. NOTICE TO BIDDERS
Sealed bids will be received until 9:00 A.M., October 28, 1971,
by the office of the City Manager, City Hall, 100 N. W. 1st Ave-
nue, City of Delray Beach, Florida, 33444, for a CATV Franchise.
All b~ds will be publicly opened and read aloud at the time and
place and on the date mentioned above. Bidders and others are
invited to be present at the bid opening.
2. HOW TO SUBMIT PROPOSAL
Bids shall be submitted in sealed envelopes addressed to the
City Manager, City Hall, 100 N. W. 1st Avenue, Delray Beach,
Florida, 33444,. and plainly marked:
SEALED BID FOR CATV FRANCHISE
Bids may be mailed or' hand delivered. It will be the sole re-
sponsibility of the bidder to have his bid in the City Manager's
office prior to 9:00 A.M., October 28th,. Late bids will not be
cons idered.
INSTRUCTION TO BIDDERS
GENERAL CONDITIONS
3. SPECIFICATIONS
The accompanying document, labeled Ordinance No. 36-71, sets
forth the specifications and conditions for bidding the CATV
Franchise for which bids are solicited.
For purposes of evaluation of bids, bidder must indicate any
variances from City specifications and/or conditions. If var-
iations are not stated in the proposal, it will be assumed, and
bidder guarantees, that there will be no deviations from speci-
fications and/or conditions.
4. PROPOSAL
The bidder must fill in all blanks on the proposal forms attach-
ed hereto, said forms being marked Exhibit "A" - Rates to Cus-
tomers, and Exhibit "B" - Payment to City Annually, and sign
each of the two proposal sheets.
5. BID BOND OR CERTIFIED CHECK
A bid bond or certified check in the amount of $5,000., shall ac-
company the bid.
A bidder may withdraw his bid, without prejudice, at any time
prior to that fixed for opening the bids.
6. FINANCIAL RESPONSIBILITY
The bidder, upon request by the City, shall furnish satisfactory
proof of financial responsibility.
7. NON-COLLUSION GUARANTEE
The bidder, by execution of proposal forms labeled Exhibit "A"
and Exhibit "B", guarantees that no person, COmpany, corporation
or affiliation of any sort whatsoever other than the bidder or
bidders or others named by the bidder on bidder's proposal forms
or on a sheet attached thereto has any interest in this proposal,
which bidder guarantees to be submitted without fraud or collusion
of any kind.
EXHIBIT "A"
2. RATES TO CUSTOMER: (Section 29) - PROPOSAL
RATE SCHEDULE FOR
CITY OF DELRAY BEACH, FLORIDA
MONTHLY
INSTALLATION SE RVICE
TYPE OF SERVICE CHARGE CHARGE
1. RESIDENTIAL (Single Family)
Installation, first TV $4.95 $4.95
(waived during 4-year con-
struction period)
Installation, Second Set 4.95 1.25
(Waived if ordered with
first installation) .
Reconnection Charge . 4.95
Transfer .~ 4.95
Relocation of outlets 4.95
2. MULTIPLE FAMILY* (8 Units or Less)
Installation, first Unit 4.95 4.95
Additional Units 4.95 3.95
(Based on 100% of Units)
3. MULTIPLE APARTMENT* (Over 8 Units)
Installation, First Unit Time ~ Material 4.95
Additional Units Time ~ Material 3.95
(Based on 100% of Units)
4. COMMERCIAL UNITS
Installation all Units Time ~ Material 5.95
5. 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 owner guarantees 100% cOnnections on single billing;
otherwise Single Fami.ly rates are applicable.
IDDER:
he bidder, by placement of the signature below of its duly authorized representa-
ire, agrees that the Invitation to Bid, Instructions to Bidders, General Condi-
ions, Specifications (Ordinance No. 36-71), Addendums and/or any other pertinent
Dcument forms a part of this proposal and constitutes a part hereof.
IDDER ~lePrompTer Florida CATV Corporation
(Title) '0-
EXHIBIT "B"
BID FOR CATV FRANCHISE
1. PAYMENT TO CITY ANNUALLY: (Section 22) - PROPOSAL
YEAR MINIMUM PAYMENT
First Year. $10~0Q.0.00 ,..
2nd through 5th year, inclusive _. 4..,.000.00 ea. year
6th through 10th year, inclusive 6,000.00 ea. year
llth through 15th year, inclusive 8,000.00 ea. year
16th through 20th year, inclusive ~ 10,000.00. . ea. year
21st through 25th year, inclusive ' 10,000.00 ea. year
26th through 30th year, inclusive . 10,000.00 ea. year
OR THE FOLLOWING PERCENTAGE, WHICHEVER IS GREATER:
* See cover letter dated October 27, 1972
% of Gross Gross Sales Annually
4% of the First $100.000.00
5% of the Next 50.~000.00
6% of the Next ..... 25,000.00
7% of the Next 25,000.00
8% .of the Next 25,000.00
9% of the Next 25,000.00
10% of the Next 50,000.00
11% of the Next 100,000.00
12% of the Next __ 100,000.00
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of the Next
of' the Next
of the Next
20% of anything over $500,000.00
~ I DI')ER:
'he bidder, by placement of the signature below of its duly authorized representa-
'ive, agrees that the Invitation to Bid, Instructions to Bidders, General Condi-
:ions, Specifications (Ordinance No. 36-71), Addendums and/or any other pertinent
[ocument forms a part of this proposal and constitutes a part hereof.
;IDDER _ _ ~Ter Florida CATV Corporation
IGNATURE --.~~ F"~ ~_ District Manager DATE October ?7 ]971 -
(TITLE)
DELRAY BEACH NEWS-JOURNAL
Published Weekly
nelray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PAL~ BEAOH
Before the undersigned authority personally appeared ...~._.~..*......~...0.~.?.~ ................
who on oath says that he/sl~ is ?.....~,..~,i...~...h..~..,.~. ....................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a ....~...0.~.i...~...~......0...~......~....~...~...~..~.,~...n..d~.~...
in the matter of ~F..~r~.n..c.h~i..~..e.~.E..~.e..c~t~i~.~.m~.V..~id..~t.i~.~.n..~..~..f~.~.~.~.r.~.~
|n the ...................................................................... Court, was published in said newspaper in the
o, .............
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
'P~lm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
fbr the purpose of securing this advertisement for publication in the said newspaper.
~worn to and subscribed before me this ..... ..~...~...d.. ....... day 9ff.D...~...~.~,~....... ~,D' 19~..]:
M Y COMMISSIOt,~ EXPIRE8 MAR. 19, 1973
BONOF. D THRU FI~ED W, DIESTEUlORST
nme w me mmunlcaUoM Comnm~on
' I ' F~,, c~o~ re.miss, ion., o..r _]~.y .o~ber lederal or stem ref~u~o~
~r ncy nawn ]unsalc~n m res to ~ny nmRers
· rusements and wtthoutmblBm:
NOTICE OF P./~'*R~NDUM FRANCHISE EI~CTION ere~:S~c~wt~5~hTeeprfl~%~l~t coAr~relr.I.n.v~oJv?~_.~_.l~l~l_ F~.~r~_ ?hi~ IS
CONC-.m~mO VAX~DA~ZO~ Or O~mmANC~ NO. ~?~. forth~dde~S~UO.~.~-e're~;
SECTION I. NO77CE Js hereby S~ven that a referendum frfmcMl~ doc- . &' --. , .Liability od Inaemnlflca~olj.
lion will be held on December ?, I~TLI~ the Ci_ty of De .l~ay. Bcach, ~ Belch ~ ~ The ~. ml~ee shill lndenml~y ~ hold harmless the C~,
Cotmty, Florid&. for the l).~lz~ee, of .deMfJ~iaf wide..er or ~ot..~Ml~lJd a~enll anG ALI claims debts lt.m.~..
Ordl ~namce No. 36-71, whieli is a came TV thirty (~0) year lrmichise uuqlimggtee court, costs to itself, or
whicl~,' after h&vinf been mdvertised for bids. wits &wmrded by Jlll~]f3~_ e or otherwise, in any
~ouncil of the Gity o~ Delrf~y iJe~eh,_ .J3M~n_ ~ to TelePrompTer Floridq C~ the
~"J'JON II. A poePq~ be o~ea 8l~e vP~ot~lace for ~ald fHmdtMe
eleetJ0h at ?:00 O'clock A.M. until ?:00 O'clock I~.M. 0n t~e s~me d~Y. All
quMllJed electors of the City of Delr&~ Beach, Florida, skall be e~JJJd to the~
SECTION III. That the place of vo.~s .on Said Franchise r-lectloJ mid lite (e)
InsPectors and clerk for the polling pmce zor smd FranChise ElectJeu &re ms
foll-ows: ·
PLACe:: Community ~enter, S0 N,W. 1st Avenue, Delray Bcach,
S~ra'l~eNeen INSPE~'FORS An ~ any one person
Helen~FinUand M[l~i~
Lynd& Merrill , one aee~Hit
Gladya RAsker
Lin& Schroedel Berthawmqllmf
Anneb Mn L.L.
CLERK: Helen Elliott
and the ~orm of ballot to be used in said
· suhstdmtially the followinS form: good
City of Delray l~.ach_ in the County of Beach, Florid&,
Eleollml
-- D~emuer 7
THE CITY
mmilO
mhall be mmntmned in full:
~hise Ordinm~e
become due to t~
t APPROVAL OFFI~KN- provJBk)M, and
with
are r
AND ADOPTED in on this first and final relKI-
Ibis 8th day of November,
L J SAmMers
ST' MAYO]t
~ ~GNS, ~ OPE~ ~ ~NT~ A ~MM~I~
NTENNA TE~VISION SYSTEM IN THE CITY; SETTI~
ORTH ~I~ONS A~A~G ~EG~T OF FM
OMMUNITY ANTENNA TELEVISION SYSTEM; AND P~
aE~T~E O~m~ BY ~E ~ ~L OF THE,~ OF
~CH~, ~A: ' ~" .
b ~}~ay bach ~mm~ty ~Mna ~ ~h~ O~."
~n 2. ~ns. ~mt ~r ~e ~s ~ ~ o~n~, ~e
p~' ~. ~en ~t ~ ~ ~e ~M~, ~s ~
~ Mn~.ind~e.~e h~, ~ in b P!~ numar i~l~ ~e
~ ~umMr~ ~ ~ ~ ~e sM~ n~mMr ~1~ ~e
(~) "~b~ Tet~n sF~,*' ~ ~ M ~ *'~ S~-
~' or "Sys~m" m~s a sysMm ~ ~ cables or ~er el~
~Mr~.~ ~p~t ~ or M ~ ~ ~m~iy ~ ~Jve
stun ~r rMlo st~ dl~y or ~iMlF ~-~r ~ d~M ~m
.~uMcflbu mr am. . ~ ·
(~) "Pemn" ~ ~y ~, fl~ ~e~, ~ia~on,
~or O~ln~ ~ ~.
I
~a~ ~ ~ ~ ~ ~ ~ G~ ~ fl~t ~ ~ I
~. pm~s now im out or b~. ~ ~ :~ ~ ~ [
~C ways m p~s tor ~ ~ M~m m ~ shall m ~
~e ~ the ~ ~u~es t~ H~; ~ ~t a st~i~ ~ ~ ~*~, J
m~njuel ~o/~u--
~ ·
p~y%oent shall
(shb)_,,M~_mnn~e_~_of PaYm..ent. _pay_%oe.n.ts r~j .ulred bY ~ franM~
.... nmae ann-n,Lt&eu DPD~v%~oel ilrst ~.ay or &prfl b~fin~nJns Apl'fi, ~
. . p .~. anmversary year. The Mr%o,
seeu.on.~ an9 t, _Section 21 (b) I
xo.ow%of ueee%obeF 31,
o~.~. ~nt~th~:rs, an.d in _Section t,h.l mean th, period
- Jlbe~)U ~3. Forfe~tu~ of ~ranchise.
(_~)..~p ~]L~ditio. n. to all .o~h. er ~shts. mnd_j)owers peFtalnlnll to the City IJ~
_us~.=_m~_. ~r. an.=e_mse .o.r o%oe.rw~..se, ~.e ~%y. roservse the lqfht to ter%olaMe
~.~_V~ohlnM.S.~an~.j~rov _ls~..n o_f this..Fra~.ehise or any rule, order, er
~sjSmB~ ox m,e ~ty or .~ty ~..uncs~ nude pursuant to thisFraneMle.
~ ~q~t~t.~l,vent, unaDl, or unwilling to p~y Its deMs, er is ad-
~U} ~AtM%opts to dispose st any of the facilities or property Of #U
~ine.Ss %o provent the City from purchasing sa%se, as ptovJdod nm'
(i} A. tMm. pta.to evade any of the provisions of this Franchise or peme#eos
~ traua or aeeeif upon the City.
(J} Falls to sub%sit applications for MI neeeseary licenses mnd.per~O
~t.in. 30 .days ...n~e.r grant ~ the franehl .~, .col)lee of wMeh
~n~fll .es_ wtu_me City .~.e,r·, an.d/.or .%a19 to eo%o%oence eom
~. says ruler gran%ee s reeelpz o! all roqulrod lleonses ~ld liSt-
·.. ~uw~_~ ? / .w~m.m4 yem.~ trom..me e~eeuve nam of this ordinmnee.
~ltau~nte~F__ _m~_.m~u,o_n~ .m~_ _e. an..ce~at_.l.on shall ~bepursuant to and in accordance
shall install and %oalntaln its wires, cables, fixture, ~md ,.._us~.~ ms o~ ~mFma-~ut~utes, ~napter l~7.n, et seq.
. mweuon 2~. City's Rlfht of InMr~enflon. The srmnMe ~reos not to oJq~er_
in accordance with the require%seats of the Natioml I~e- I·S~q~ontion by the City in ·ny suit or proceedinf~ to which the frafN~ il ·
' the National Buroau of SMndmrds ~Bd b
and JB meh
' orM a i~d/ ?ur~..er Al~.sement ~ Wa!y.er by Grantee. The
· ~ at _m_a..e ..o.~ Ms ~.rovtsio. ns of this ~raz.~...htse~ find further nSre~
fill lines, equlpment, and connections in, overs ult.., ~--~. ~m~.,_..~_~ ?_~ut_~._u. me .se.~.up.as art~. nat me City or the City ~
easements sad swmes, sidewalks, alleys and imMIc ~u ~-,~, m* pr~wmons ox mis ,rancfllse are uflro&lonable, arblSfa~y, er
wherever situated or located, shall at all Wiles be . . ~.tio_n ~8, Duration ~ Aceepthnee of Franchise,
suitable, substantial eondifion, and Im gerd ' ~ . , . . 0 he b
,_. o, o.o
shull have sufficient employees to pFovfde safe,
~ whateper.
of disturl~nee of easement and swale, sm
way. or paved a= ~tee shall, at its own ~f~ ired be
· rmmnor appro~ the City Manager, replace and t*~tmm~
an ;%oem wale, alley, public way, or pavem
as betore the work involving such dtsturl)amoe Was
repairs for one year after the eo%opJeqton of shall be
at its o.~ expense w~enever the City
eonvemenee would be enhanced b
..... ~.r,e_-h.o_[d.ins !__t_,_~.~t.~ uros .a~re~y ealsUns f~. uS*
are .v~msu;~c ~ur use oy ute Irante~, out it do~s n~
-
_ Grant.ce sh .all moke avall~lJl umem
...... _one .enan.nel z_o_r e~ueational TV and
-un-~ummercuu ser.vl..ce. The franMe*s eabledlMa~B~
s at Mast 12 television ehannds.
~1 UHF channels whleh place ·
,g
t~[~1~8 :~ty Shall not be required to assume any responsibility 8ff .l~.Je [ ~._s.h_a?._re.~._ive_no eg. nslder, a. tian whats~ver for or tB ~
~MB~B~B~B~B~a~n.,y..~.g.ht~s~.f~.w.a.y ~.r.e.=a?,m..e.n.t.~, _n.o.r. sh__alJ_t_h=e. _Ci_t.y..,b?.,r_e~ap0mmlt~ j ..... m ,u suDscr%oers user than in aceordaneo
~pnsms As. rroxeFenuat or L;nsenmmamry rracnces t, Fomm%eu. __t~e. SthM o.f Fiofldn or of tlj0 ~Ju~sd
~. ~ Ilumtee shall not, as to rates, cbs%les, service, services rdllM~., rams' .aaa/or servtoes Of the frantmodse ~Ft~
I~[l~JlJTJ~itio. ns, or in any other respect, n~ke or grant any undue. [~qldst'- =
~l~mea~.mse to any person, nor Subject any person to any prelE~Bl~ er in..ncungS.u, ch provlsion(s)a way as to es .i._~._.ct.-~P~th-~Of mis ~
_/~ 17..Re%ooval o.f Facilities Upon Request, Upon Mr%oi]l~blm af mat fir other cht~area~iuMD~°rnf-~ed-er-al-~, vern%oent levies any tmxes,'41q~p~MM,
~s Iny.s. uosc~ber, ute grantee shall promptly remove aH ifs f&8~Mm n me services provided by ranMe ~
anm~n~.n_.._ro%o ute promises of such subScril~r upon his request. ~.~ fees or ~er ~:rges will be passed on to ~ su~ri~ ~
_ , mmsmm ss. 'z'r&nster Of Franchise. The srant~ shall not tran~ M~a
~11~1[~_ ~) angt.h, er person or corporation without prior approval o~CIl~ ~tctlon 30. Company Rules. The company shall have the a fo
~lm~m.. ~esoluuon. ' ' ~t~tsSl~in~su~s~ srh~llallulial~tio~ns, Mr.ms, .ad eoadltinns t~x~WMm~
~ :~MSJ~IB 19, Ciianse of Control of Grantee. Prmr approval of the City ~_e~l~ise its fights and
~i1~ required where ownership or control of %ours than 30 per cent
el-- _lqsm o% control of ,rs1. tee 1, acquired by a persen or ~roult) of persons ~S~mro.ne~. ~., however, .at Such t~rt~,,les, refutmtlnnt
_m.m.~WnJeoneofl, none si wnom already own or control singularly or coliec- i n~e aim to ntsuro .mi..unint~. rl.U lervieo to
.m~llp. mseopt that this .section shall not apply to any eorpora~fon other than a ! ~ not u, tn conflict with the provtsiohs h'~o~-d~
Cl0s .ed corpor.~.tlo.n, as ueflned heroin. By its acceptance of this Franchise the j
Sr..~J. ~e~. s .p. ocmCMly fr. ants anu afrees that any Such acquisition occurring i "-~-~
~w3.0Ut prior approval st the City Council shaH constitute a violation of this., ' ~l~qs,s~m_~on ~lt~l~r~mm~ ~C~.~hThm~~d~se~ ~al~..~r, ;~
Section 20. City Rl. ghts in Franchise, i ' or a~L m~l . If an _oec~on, tubeee~on sen e ' i
(a.)...T.h. · right is her.?o.y reserved to the City or the G'ity Council .to.~mpt0 ~t r ~P~_ ~to~ ~wt~o#~nanee ~ for ~my romson hem ~v~~
, such a~dtitonal shall find noeess&ry %n the
· : ~. vrumanese ad~d. All ordlnn~'J~es or parM of o ~ tm
, ~4. Specific authority to codify this-(~'~l~J~'~b'~"~:3ty*o II
, ~ rmm~ an~_~r~ o. ~eo~ an~ %al roadins on the ~ - ~"* _
the life of this Franchise, !
Franch.ise l.s sr..ap, ted~, q~ ~ _M~m I ~AtTsars' C~TY At~UALLY: (See~ n) -- pRoPOSAL
ereln, ute City snmm mmve [ _~rsg""~Br NIMUM PAYMENT, EA Y~kl
all ~l* 8my ] ~[td-.~m~h 5th year inelustve
| .g~J. ~fll 10th year', inclusive .s0~o~u.~0~ ~. M
lath ear o,u~u uu
, Y . inclusive S ' '
of the MFs for which this Franchise Is gtmaMd or 1 ! ~ h-~f ~rosa ' -- _
cancellation, as provided for heroin, the City SMfll I | l~ot the First ~ross
e whether the grantee may continue to opor~_sBd [ _ P0r OSIJlJ of the Next ~.~
~ per ~ of the Next
the decisiOn otthe City as to the rumre [ (~ [IBrlJ~ o~tegst of°f thethe NextNext
_J J~r oglM of the Next
accurate
I
and the ~mmt- I ~lM~em~ of the Next ~.~B.~O