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Res 35-71 RESOLUTION NO. 35-71. NOTICE OF REFERENDUM FRANCHISE ELECTION CONCERNING VALIDATION OF ORDINANCE NO. 36-71. SECTION I. NOTICE is hereby given that a referendum franchise e- lection will be held on December 7, 1971 in the City of Delray Beach, Palm Beach County, Florida, for the purpose of determining whether or not proposed Ordinance No. 36-71, which is a cable TV thirty (30) year franchise Ordinance which, after having been advertised for bids, was awarded by the City Council of the City of Delray Beach, Florida, to TelePrompTer Florida CATV Corporation. The purposes and substantial details of said proposed Ordinance No. 36-71 are being published be- low as a part of this notice. SECTION II. A poll will be open at the voting place for said franchise election at 7:00 O'clock A.M. until 7:00 O'clock P.M. on the same day. All qualified electors of the City of Delray Beach, Florida, shall be entitled to vote. SECTION III. That the place of voting on said Franchise Election and the inspectors and clerk for the polling place for said Franchise Election are as follows: PLACE INSPECTORS CLERK Community Center Sara DeNeen Annette Tyson Helen Elliott 50 N.W. 1st Avenue, Helen Flatland Mary B. Walker Delray Beach, Florida Lyda Merrill Elsie Wharton Gladys Risker Dorothy Williams Lina Schroedel Bertha Worthing Anne Rose Sloan L.L. Youngblood SECTION IV. Voting machines shall be used at said Franchise Election and the form of ballot to be used in said Franchise election shall be in substantially the following form: BALLOT City of Delray Beach in the County of Palm Beach,Florida, Franchise Election - December 7, 1971 SHALL THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PASS ORDI- NANCE N0.36-71 GRANTING A FRANCHISE TO TELEPROMPTER FLORIDA CATV CORPO- RATION, 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 TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIO- LATION OF THE FRANCHISE PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. SUCH FRANCHISE IS AT NO COST TO CITY. SHALL BE PAID FOR SOLELY BY VOLUNTARY SUBSCRIBERS FOR THE SERVICE AND SHALL PRO- VIDE ADDITIONAL REVENUE TO THE CITY. INSTRUCTIONS TO VOTERS: Indicate by pulling down lever over "FOR APPROVAL OF FRANCHISE" if you favor the issuance of said Franchise. Indicate by pulling down lever over "AGAINST APPROVAL OF FRANCHISE" if you do not favor the issuance of said Fran- chise. Page 2. RESOLUTION NO. 35-71 SECTION V. Paper ballots shall be used at said election for absen- tee voting. The form of ballot to be used in said election for absentee voters shall be substantially in the form provided in Section IV above except that instructions to voters shall be as follows: INSTRUCTIONS TO VOTERS: If you are in favor of issuance of said Fran- chise place an "X" in the space to the left of the words FOR APPROVAL OF FRANCHISE. If you are not in favor of the issuance of said Franchise place an "X" in the space to the left of the words VOTE AGAINST APPROVAL OF FRANCHISE. SECTION VI. The City Clerk is hereby authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots and to deliver them to the appropriate officials for absentee voters and shall also have printed sample ballots and shall deliver them to the inspectors and clerk on or before the day and time for the open- ing of the polls for said Franchise Election for said voting place of which voting machines are to be used, and it is further authorized and directed to make appropriate arrangements with the proper officials of Palm Beach County, Florida, for the use of such voting machines at the polling place specified in Section III hereof and to have printed on plain white paper and delivered in accordance with Law the official bal- lots for use in such voting machines. SECTION VII. That this Resolution shall be published in full as part of the notice of said Referendum Franchise Election, together with an appropriate caption in which form as the City Clerk may determine, in the Delray Beach News Journal, a newspaper published and of general cir- culation in the City of Delray Beach, Florida, once each week for four consecutive weeks, the first publication to be not less than thirty (30) days prior to the date of said Franchise Election. PASSED AND ADOPTED in regular session on this first and final read- ing, on this 8th day of November, 1971. -{J' M A Y O R ATTEST: This is a copy of the first publication of your legal adver- tisement which ran in the News-Journal on 1~o¥ 19~1 . If there are any corrections please indicate on the margin and return to us at once in time for the next publica- tion on l~ov 11 , 19~1 This publication is scheduled to run 5 times the total cost of which will be $777. Affidavit will be mailed to you immediately following the last publication. THE DELRAY BEACH NEWS-JOURNAL P. O. Box 760 DELRAY BEACH, FLA. ~ promptly, but in no eve. hr longer than 24 hours atter notice has been. given, naming gran;ee, smd grantee shall file Wifh the City Cierir its unconditional ' except that said time snail be extended as long as is necessary wh~re the acceptan~'e of this Franchise and promise to compl~ with and abide by all of perfor~'Tt&nce of this obligation ts prevented by an act of God, or the same Is its provisions, terms, and conditions. Such accept&ncc and promise snail be NO. 18479 otherwise made imp*ssi§lc due to circumstances over which the grantee has notary puhilc or other officer authorl~*d bylaws*Administer oaths. no control, in writing duly executed and sworn to hy or on behalf of the grantee before a RESOLUTIONNO. 35-71. (1) Provide and keep accurate calibrated test equipment on hand in the City (b) Should the grantee fail to comply with subsection (a) above, it shall for the testing of ail service and operation standards outlined in this ordi- acquire no ri~hte, privilei[es, or authority under this Franchise whatever. NOTICE OF REFERENDUM FRANCHISE ELECTION nonce and shall conduct the~e tests as requested by the City under the Section ~. Er*crt*n, ttemoval, and Common User o! Poles. CONCERNING VALIDATION OF oRDINANCE NO. 36-'/1. supervision of a city representative in order to establish the level of peri,r- (a) No underground facilities, poles or other wire-holding structures shall be mance of the system. Thegrantee shall provide responsible service and erected hy the grantee without prior approval of the City Manager with SECTION I. NoTIcE is hereby given that a referendum franchise elec- investigation in response to all customer complaints. Should any customer be regard to location, height, type and any outer pertinent aspect. However, no tion will be held on December ?, l~711n the City of Delrny Beach, Palm Beach unable to obtain acceptable service from the grantee,said customer may location o.f any underground facility, i~.le or wire-holding structure of the (~dunty, Florida, for the purpose of determining whether or not proposed make application to the City to require such tests by the grantee. The grantee snail be a vested interest and such poles or structures shall be Ordinance No. 36-71, which is a cable TV thirty (30) year franchise Ordinance customer, upon presenting his request, shall deposit with the City through the removed or modified by the grantee at its own expense whenever the City which, after having been advertised for blds~ was awarded by the City office of the City Manager, the sum of $100.00 ns deposit towards the cost of Manager determines that the public convenience would be enhanced there- Council of the City of Delray Beach, Florida, to TelePrompTer Florida CATV such tests· Should the test indica.te that the grantee has failed to provide b . Corporation. The purposes and substantial details of said proposed Ordi- service to said customer in accoruunce with the operational standards out- (~) Whe.r.e pole. s or other wtre-h, oldthg structures already existing for use nanceNo. 36-71 are belnJ[ published below as a part of this notice, lined in this ordinance, then the grantee shall bear the cost of said test and serving me Cit~ are available tor use dy the grantee, but it do~s not make SECTION II. A pon will be open at the votingpince for said franchise the deposit herein required shall be returned to the customer. Should the test arr.&age, meats, xo.r gu.ch use, the City .council may require the grantee to use election at 7:00 O'clock A.M. until 7:00 O'clock P.M. On the same day. All indicate that the grantee is conforming with the operational standards set such poles ann structures if it determines that the public convenience would qualified electors of the City of Delray Beach, Florida, shall be entitled to forth in this ordinance, then the cost of said tests shall be borne by the be ennanced thereoy and the terms of the use available to the grantee are complaining customer. So much of said deposit as is necessary to reimburse just and reasonable. v°te~ECTION III. That the place of voting on said Franchise Election and the the grantee for the actual cost of its tests shall be paid over to the grantee and (c) Wh. ere the City or a public utility serving the City desires to make use of inspectors and clerk for the polling place for said Franchise Election are as the remainder of the deposit, if any, shall be returned to the customer, the polee or other wire-holding structures of the3rantee, but agreement follows: Section 9. Operation and Maintenance of System. .t .h ere fore with the grante, e can.not be.reached, the City Council may require PLACE: Community Center, 50 N.W. 1st Avenue, Delray Beach, Florida (a) The grantee shall render efficient service, make repairs promptly, and me ~.rantee to permit SUCh use for such consideration and upon such terms as INSPECTORS interrupt service only for good cause and for the shortesttime possible. Such tb.e t~ouncli shall determine to be Just and reasonable, if the Council deter- Sara DeNeen Annette Tyson interruptions, ins*tar as possible, shall be preceded by notice and shall occur mines that the use would enhance the public convenience and would not Helen Flatiand Mary B. Walker during periods of minimum use of the system. The company shall operate the unduly interfere with the grantee's operations. Lynda Merrill Elsie Wharton system so that there will be no interference with television reception, radio Section 28. Number of Channels. The Grantee shall make available upon Gladys Risker I Dorothy Williams reception, telephone communications or other installations which are now or the request of the City Council one channel for educational TV and one t,ina Schroedel Bertha Worthing may hereafterbe installed and in use by the City or any persons in the City. channel for any other non-commercial service. The grnntee's cable distribu- Anne.CLERK:POSeHelenSIOan Ells*fi ~ L.L. Youngblood (.b) The grantee shall maintain an office in the City of Delray Beach which tion system shall be capable of carrying at least 12 television channels. The snail be open during all usual business hours, have a listed telephone, and be [rante.e sh~l carry all licensed VHF and UHF channels which place a grade SECTION IV. Voting machines shall belused at said Franchise Election so ol~erated that complaints and requests for repairs or adjustments may be t~ or be~er signal within the community. and the form of ballot to be used in saldl Franchise election shall be in r'eceivedatanytime. Section29. Pates. · subst~antlallYthe toll*wing form: I Section 10. Carriage of Signals, The television and radio signals received (a) The initial rates and charges for television and radio signals distributed BALLOT ~ City ~0f Delray Beach in the County of Palm Beach, Florida, Franchise and distributed by the grantee and distributed to the general public from herein shall be those established pursuant to Section 29 (b) and none of said broadcasting stations licensed by the Federal Communications Commission rates or charges shall be changed without prior approval of the City Council. Election--December'/, 19'71 i shall be disseminated without charge to the general public except as pr*vid* (b) Schedule of Pates and Charges. See Schedule of Pates and Charges SHALL THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FL*RI- ed in Section 29 hereof, attached as Exhibit "A." DA, PASS ORDINANCE NO. 36-*/1 GRANTING A FRANCHISE TO TELE- PROMPTER FLORIDA CATV CORPORATION, ITS SUCCE~SORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA Section 11. Service to Schools. The grantee shall provide a service drop to (c) The grantee shall receive no consideration whatsoever for or in connec- each public school location within the City for educational purposes upon tion with its service to its subscribers other than in accordance with this request by the City and at no cost to the City or to the public school system, section. TELEVISION SYSTEM IN THE CITY: SETTING FORTH CONDITIONS The Grantee may as its election provide similar services without cost to (dj If, in the future, the government of the State of Florida or of the United ACCOMPANYING THE GRANT OF FRANCHISE- PROVIDING FOR CITY REG~JLATION AND USE OF THE COMMUNITY' TELEVISION SYSTEM; private schools, including parochialor other religious schoolS. Sta~s of Am.e.rtc. a. resul.a.~, s .the rates .and/or services ot the grantee for the Section 12. Emergency Use of Fncilities. In the case of any emergency or service proviaeu tor In this ~ranchlse m such a way as to conflict with any AND' PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE disaster, the grantee shall, upon request of the City Council, make available provision(s) of this ordinance such conflicting provision(s) of this ordinance PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDI- its facilities to the City for emergency use during the emergency or disaster shall not be applicable. NAN'CEs IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE period. .(e) In the event the state or federal government levies any taxes, copyright. DAT]~: AND FOP, OTHER PURPOSF~. SUCH FRANCHISE IS AT NO COST Section 13. Other Business Activities. tees, or other charges upon the services provided by grantee, such taxes, TO CITY. SHALL BE PAID FOR SOLELY BY VOLUNTARY SUBgCRIBERS (a) The grantee, its employees, and if a closed corporation, its shareholders, copyright fees or o~ber charges will be passed on to the subscriber by the FOR/THE SERVICE AND SHALL PROVIDE ADDITIONAL REVENUE TO ~tereunder shall not engage in the business of selling, repairing or installing grantee. ~elevision and radio receivers, or commercial accessories for such receivers THECITY. Section 30. Company Rules. The company shall have the authority to i~ISTRUCTIONS TO VOTERS: ~ ~ithin the City of Delray Beach, Florida, during the term of this Franchise. promulgate such rules, regulations, terms, and conditions governing the Indicate by pulling down lever over ,'FOR APPROVAL OF FRAN- ~'iolation of this section shall be considered a breach of the terms of this conduct of its business as shall be reasonably necessary to enable the compa- .. CHISE" if you favor the issuance ol said Franchise. Franchise if such violation is caused by an employee or shareholder only ny to exercise its rights and to perform its obligations under this Franchise Indicate bypulling d. own lever o.Ve.r "AGAIN.ST APPROVAL OF ~'ter the grantee has been notified of such employee's or shareholder's ordinance and to assure an uninterrupted service to each and all Its custom- ~ FRANCHISE" if you u* not favor me Issuance ot said Franchise. ~ctivtties and then only if the grantee fails to take immediate action to e.rs, provided, however, that such rules, regulations! terms, and conditions SECTION V. Paper ballots shall be used at said election for absentee correct such violation, snail not be in conflict with the provisions hereof ann shall be tiled with the voting. The form of ballot to be used in said ~ection for absentee voters shall be substantially in the form provided in Sectl~)n IV above except that instrUc- (b) This Franchise authorizes only the operation of a CATV system a~ provided for herein, and does not take the place of any other franchise CitY~ection 31. Publication Costs. The grantee shall assume the cost of ti,ns to voters shall be as follows: : !lcenee or permit which might be required by law of the grantee. . ~ublication of this Franchise as such publication is requlrod by law and such INSTRUCTIONS TO VOTERS: If you are in flavor of issuance of said Fran- (c) Music to Businesses, etc. The Company shall not contract for or other,*ce s payable upon the grantee's filing of acceptance of this Franchise. chise place an "X" in the space to the left of the words FOR APPROVAL OF provide a music se.trice which is ori~maled by the system or procured from Section 32. Separability. If any section, subsection, sentence, clause, FRANCHISE. [ any source, other man from slgnalsoroadcasted by duly authorized broad- ~h~ase~ or portion of this ordinance is for any reason held invalid or unconsti- If you are not in favor of the issuance of said Franchise place an "X" in the casting stations to any business, professional or commercial establishment, ut dna by any court of competent jurisdiction, such-portion shall be deemed space to the left of the words VOTE AGAINSTAPPROVAL OF FRANCHISE. .Tbi.s subsection .shai! not prohibit, t. he conne, ction of a CATV drop to any a..separate, distinct, and lndel~endent provision and such holding shall not SECTION VI. The City Clerk is hereby authorized and directed to have nusmess, pro. lesslonal or commercial establishment if the connection is made atxect the validity of the remaining portions hereof. printed on plain white paper a sufficient number of the aforesaid ballots and only to a 'tv set which Is in operating order at the time of connection, nor _.Section 33. Ordinan. ces Repealed. All ordinances or parts of ordinances in to deliver them to the appropriate officials for absentee voters and shall also shall this section prohibit the use of background music in cort~unction with conflict with the provisions of this ordinance are hereby repealed. have printed sample ballots and shall deliv~er them to the inspectors and the ope.r.ati.o.n o_f a.n.y suc.h CA.TV channel for which there is no charge except Section 34. Specific authority to codify this ordinance in the City's Code is clerk on or before the day and time for the opening of the polls for said as provlaeo in ~ecuon 29 nereol. Franchise Election for saldvoting place of which voting machines are to be (dj Advertisin.~. The company shall not use the system for advertisin$ hereby granted. Section 35. This ordinance was approved by the electorate at a' referen- used, and it is further authorized and dlrecte~ to make a.~ppropr~ate arrange- purposes for deers nor shall the company transmit over any of its equipment dum election held on December ?, 1971. ments with the proper officials of Palm Beacl~ County, ~'lorida, for the use of any advertising for which it receives pay except that which is receivedfrom PASSED and ADOPTED on second and final reading on the ~- - day of -- suctt,~votinll machines at the polling place .sp.qclfled i-n Section III hereof and a regular broadcasting station and merely relayed to the subscribers in the 19'/--. to kave printed on plain whit* paper and delivered in accordance with Law same manner as is received from such broadcasting station with its normal ' ' the~0fficini ballots for use in such voting machil~es, program, unless approval is obtained from the City Council. MAYOR · *SECTION VII. That this Resolution shaillbe published in full as part of (e).Recommend Service. The comP. any, any and all of its officers, agents, ATTEST: City Clerk th~ notice of said Referendum Franchise Election, together with an ap~ro, pri- uno employees shall not indicate ann shall not recommend, in any manner, a First Reading ate '~aption in which form as the City Clerk may determine, in the Delray specific see or service establishment or individual be used for the sale or Second Reading Beacl~News Journal, a newspaper published (tnd of general circulation in the service of any television set. EXHIBIT "B" .Cl. ty of Delray Beach, Florida, once each week for four CO.nsec·utive .w .eeks: Section 14. Safety Requirements. BID FORCATV FRANCHISE m~'.fl_.fst publication to be not less than thirt}~ (30) days prior :o the date ot (a) The G. rantee shall a~ all times employ due care and shall install and 1. PAYMENTTOCITYANNUALLY: (~ection32) --PROPOSAL sa~'ranchise Election. [ maintain In use commonl~ accepted methods and devices for preventing YEAR MINIMUM PAYMENT. EA. YEAR ~ ~ASSED AND ADOPTED in.regular session on this first and final read- failures and accidents which are likely to cause damage, injuries, or nuisanc- First Year ing'i'~dn this 8th day of November, 1~71. $10,000.00~ es to the public. 2nd through 5th year, inclusive 4,0(M).00 ea. year L. J. Sounders (b) The grantee shall install and maintain its wires, cables, fixtures, and 6th through 10th year, i.ncinsive 6,000.00 ea. year AT'X~ST: MAYO~ other equipment in accordance with the requirements of the National Elec- llth through 15th year reclusive 8 000.00 ea. year trtc Safety Code promulgated by the National Bureau of Standards and the 16th through ~0th year' inclusive 10'0~0.00 ea. year Ha~ E. Yates National Electrical Code of the American Insurance Association, and in such 21st through ~hth year~ inclusive 10',000.00 ea. year manner that they will not interfere with any installations of the City or of a 26th thro h 30th ear, inclusive 10 000.00 ea. year Cit~lerk OI~DINANCE NO. 3~.'~t ubilc utility serving the City. *See cover letter dated October ~'7, ~* ~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL- ~) All structures and all lines, equipment, and connections in, over, under, OR THE ~LLO~NG PERCENTAGE, WHICHEVER IS GRJ~ATER: ~'~ t~Y BEACH~FLORiDA, GRANTING A FRANCHISE TO TELE- and upon the streets, easements and swales, sidewalks, alleys and public Per Cent of Gross Gross Sales Annually · ROMPTER FLORIDA CATV CORPORATION, ITS SUCCESSORS ways or.places of the City, wherever situated or located, shall at all times be 4 per cent of the First $100,000.00 .~ ~ND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY kel~t anumalntained in a safe, suitable, substantial condition, and in good 5 per cent of the Next 50,000.00 iNTENNA TELEVISION SYSTEM IN THE CITY; SETTING oroerand repair. 6 per cent of the Next 25,000.00 ,~ORTH CONDITIONS ACCOMPANYING THE GRANT OF FRAN- (dj The grantee shall maintain a force of one or more resident agents or 7 per cent of the Next :HISE; PROVIDING FOR CITY REGULATION AND USE OF THE employees at all times and shall have sufficient employees to provide safe, 8 per cent of the Next 2~,0~0.00 :OMMUNITY ANTENNA TELEVISION SYSTEM; AND PRE- adequate, and prompt service for its facilities. · 9 per cent of the Next ~CRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE Section 15. CondRtons on Street Occupancy. tO per cent of the Next (a) All transmissions and distribution structures, lines, and equipment tl per cent of the Next 100,000.00 erected by the grantee within the City shall be first, al)proved by the City upon t2 per cent of the Next application by the grantee and shall be so locateu as to cause minimum ~0 per cent of anything over $500,000.00 interference with the proper use of streets, easements and swales, sidewalks, alleys, and other public ways and places, and to cause minimum interference wifh the rights and reasonable convenience of property owners who Join any of the said streets, easements and swales, sidewalks, alleys or other public · ROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF )RDINANCES IN CONFLICT HEREWITH; PROVIDING AN EF- fECTIVE DATE: AND FOR OTHER PURPOSES. IE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEL- EXHIBIT "A" l~ BEACH, FLORIDA: 2. PATES TO CUSTOMER: (Section 39) -- PROPOSAL ~tion 1. Short Title. This Ordinance shall be known and may be cited as PATE 9CHEDULE FOR the Delray Beach Community Antenna Television Franchise Ordinance." CITY OF DELRAY BEACH, FLORIDA · ! ~ection 2. Definitions. That for the purposes of this ordinance, the follow- ways and places. In.~ ~, phr..a~es, words, and their derivations shall have the meaning (b) In cases of disturbance of any street, easement and swale, sidewalk, TYPEOFSERVICE ~ ~erein. when not inconeistont with the context, words used in the INSTALLATION MONTHLY p. rese.nt tense ~lnclude.the futu~, words in the plural number include the 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 CHARGE SERVICE singm~ar numoer~ anu words m the singular number include the plural such street, sidewalk, easement and swale, alley, public way, or paved area CHAROE number. The WOrn "shall" is always mandator)*.and not merely directory, in as good a condition as before the work involving such disturbance was (~)'(~) '*City",council,,is theis theCitYcity°f DeirayCouncilBeaCh,of DelrayFl°rula'Beacb, Florida. done, and shall maintain such repairs for one year after the completion of 1. RESIDENTIAL (Stt~gle Family) same. Installation, first TV .~) '*Cable~ Television System '* hereinafter referred to as *'CATV Sys- (.c) If at any time during the period of this Franchise the City shall lawfully (waived during 4-year con- wa" or '°~ystem" means a system of coaxial cables or other electrical elect to alter or change the grade of any street, easement and swaleeside- struction pert*d) $4.95 $4.95 ~nductors and equipment used or to be used primarily to receive televi- walk, alley, or other public way, the grantee: upon reasonable notice dy the Installation, Second Set m or rndio si.~nals directly or indirectly off-the-air and distribute them City: shall remove, relay, and relocate its poles, wires, cables, underground (Waived if ordered with subscribers for a fee. .) "Person" is any .]~erson, firm, partnership, association, corporation, conuults, manholes, and other fixtures at its own expense, first installation) 4~95 (dj Any poles or other fixtures placed in any public way by the licensee shall Reconnection Charge 4.95 mpany or organl~ttion of any kind. be placed in such manner as not to interfere with the usual travel or any Transfer 4.95 ) '~t.'~rantee"ls TelePrompTer Florida CATV Corporation duly author- utilities located in or on such public way. Relocation of outlets 4.95 .*d to transact busmees in ~the State of Florida, or anyone who succeeds (e) Ti).e.$ran~.e.e shall, .o..n the request.of an~r pets.on holding a building moving 2. MULTIPLE FAMILY* (8 Units or Less) :lePrompT_er Florida CATV Corporation in accordance with the pr,vi- perm. it Issuea dy the City, temporarily raise or tower its wires to permit the Installation, first Unit 4.95 4.95 )ns of this ~'r&nchise. movmg of buildings. The expense ox such temporarY removal or raising or Additional Units ~;/Closed Corporation" is any corporation which has 20 stockholders or lowering of wires shall be paid by the person requesting tt~e same, and the (Based on 100 per cent of Units) 4.95 3.95 grantee ~hall have the authority to require such payment in advance. The 3. MULTIPL~ APARTMENT* (Over 8 Units) ~ctio~t 3~Grant of Nonexcluslye Authority. . '. . grantee Ithall be given not less than ?2 hours advance notice to arrange for Installation, First Unit Time & Material 4.95 .(a) ~ere ~s h~reby grante~l~oy the City to.the Grantee *Ac right naa privilege such temporary wile changes. ' Additional Units to co strnct, erect; operate and maintain, In, upon, along, across, above, over (f) T~.e grantee shall .have .the authority to t~.m trees upon and overhan, ging (hosed on 100 per cent of Units) Time & Material 3.95 and rider the streets, alleys, easements, swale areas, public ways and streets~ easements ann swales, alleys, sidewalKS, and public ways and places 4. COMMERCIAL UNITS publ places now laid out or dedicated, and all extensions thereof, and of the City so as to prevent the branches of such trees from coming in contact Installation all Units Time & Material 5.95 addl ~ns thereto, In the City, poles, wires, cables, underground conduits, with the wires and cables of the grantee, except that at the option of the City, 5. HOTEL & MOTEL man )les, and other television conductors and fixtures necessary for the upon request of the grantee, such trimming may be done by it or under its Installation all Units Time & Material re.all ~enance and operation .in the City of a CAT~. system for the interception, supervision and direction at the expense of the grantee. Monthly Service First Unit 4.95 sale =nd distribution of television anu radio signals, j (g)ln all sections of the City where the cables, wires, or other like facilities of Next ~ Units (up to 30) (b).~ he right to.us.e and .occu. py said streets, ~leys,easeme. nts, swale area. s, [ 1.50 public utilities are presently placed underground or are required to be so Next Z0 Units 1.25 p. unl ~ ways aha places tot the purposes herein set forth snail not be exclu- placed underground at any time in the future, the grantee shall place its All Units over 50 1.00 sire and the City reserves the right to grant a similar use of said streets, alleY~., easements, swale areas, public ways and places, to any person at any cables, wires or other like facilities underground to the maximum extent that *Applicable only if owner guarantees 100 per cent connections on single existing technology reasonably permits the grantee to do so. billing; otherwise Single Family rates are applicable. time,luring the period of this Franchise. (c.) ~h.e company s.hall have the right to enter into arrangements for the i (h) T. he City sh.all not. be required to assume any responsibility for the -- auacbment onto anct use of facilities owned and operated by public utilities securing ot any rights-os-way or easements, nor shall the City be responsible Pub.: Nov. 4, 11, 18.25, 1971 Dec. 2, 19~1~ operating within the City~ whereby the company shall strictly comply with forsecuringanypermitsoragreementswithotherpersonsorutilities. the terms, provisions,anu restrictions of said agreements, and copies of all Section 16. Preferential or Discriminatory Practices Prohibited. ag .re~Tt. ents made with other public utilities operating within the City shall be The grantee shall not, as to rates, charges, service, services facilities, pr*reed to the City upon requeet tor the same. rules regulations, or in any other respect, make or grant any undue prefer- ~ection 4. Compliance with Applicable Laws and Ordinances. ence or advantage to any person, nor subject any person to any prejudice or '~be grantee shall, at all times durin~the life of this Franchise, be subject disadvantage. to al~'Jawful exercise of the police power dy the City and to such regulation as Section 17. Removal of Facilities Upon Request. Upon termination of the Olty shall hereafter provide, and the grantee shall fully comply with all service to any subscriber, the grantee shall promptly remove all its facilities .appt :able. laws, rules, a~.d .r.e[ula_.tlons .no? in effect or berelnaner adopted and equipment from the premises of such subscriber upon his request. dy ti ~ ~'eaeral Communlcauons t.:ommtssion, the City the State of Florida Section 18. Transfer of Franchise. The grantee shall not transfer this and le United States Government. Franchise to another person or corporation without prior approval of the City ~pies of ali petitions, applications and communications submitted by Council by Resolution. the rantee to the Federal Communications Commission, Securities and Section 19. Change of Control of Grantee. Prior approval of the City Exc snge Commission, or any other federal or state re.$ulatory commission Council shall be required where ownership or control of more than 30 per cent or amncy havin$ Jurisdiction in respect to any runners affectingCATV of the right of control of grantee is acquired by a person or group of persons · per lions aufhonsed pursuant to this Franchise shall be provided tothe City acting in concert, none of whom already own or control singularly or collec- upe] ~equest for the same. lively except that this section shall not apply to any corporation other than a roar&ms carried by the grantee shall be carried tn their entirety as I closed corporation as defined herein. By its acceptance of this Franchise the rec~ ~co, with announcements ~n.d advertisements and without additions, grantee specifically grants and agrees that any such acquisition occurring · ~ction 5. Territorial Area ~nvolved. This Franchise is granted in all without prior approval of the City Council shall constitute a violation of this are~ within the present corporate limits_of the City and to any area hence- Franchise by thegrantee. fori~ ~tdded thereto during the term of this ]~'ranchise. Section 20. City Rights in Franchise. ' ~ction 6. Liability and Indemnification. , (a) The right is hereby reserved to the City or the Glty Council to adopt, in (a) ' qle grantee shall indemnify and hold harmless the City, its officers, addition to the provisions contained herein and in existing applicable ordi- age~ ~ and employees, from all claims, debts, liabilities, demands, interest, nonces, such additional regulations as it shall find necessary in the exercise i costs andattorneys feest to itself, or to any third person, whether for of the police power; provided that such regulations, by ordinance or other- ~ injury, death, property uamage or otherwise, in any way arising out oi wise, shall not conflict with the rights herein granted. the ol ~rations of grantee under this franchise. (b). The City shall ha.v.e the right to Inspect the books, records, maps, plans (b) I tie grantee shall pay and by its acceptance of this Franchise, specifical- anu other like materials of the grantee related to its operations in the City of lg ~eee that it will pay all expenses lncu. rred by the City in defending itself Delray Beach at any time during normal business hours, as to books, rec- ~gard to all damal~ee and penalties, including, but not limited to, all out ords, maps, plans and other materials related to or affecting grantee's of po Iet exl~ensee, SUCh as attorney fees, and the reasonable value of any financial obligations to the City set forth in this ordinance, maintained within servi .~s rendered by the City Attorney or his assistant or any employees of Delray Beach. the (~ ~,. (c) The City shall have the right, during the life of this Franchise, to install (c) '~le grantee shall maintain, and by it acceptance of this Franchise and maintain free of charge upon the poles of the grantee any wire and pole speci~cally agrees that it will maintain throi ~houl the term of this Franchise fixtures necessary for a police alarm system~ on the condition that such wire linbitlty insurance insuring the grantee ~ i nming the City as an additional i and pole fixtures do not interfere with the CATV operations of the grantee. insu~d thereunder, against loss or dam&g~ arising out of the operntions of (dj The City shall have the right to supervise all construction or installation grantee under this franchise in the toilowing~ inimum amounts: work performed subject to the provisions of this Franchise and make such (1) $~50,000.00 for bodily is0ury or death any one person and $500,0~0.00 inspections as it shall find necessary to insure compliance with the terms of this Franchise and other pertinent provisions of law. (e) .At th.e expiration of the term for which this Franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have ~r any one accident; (~) ~350,0(X).00 for property damage resul' ~ng from andy one accident; (~) F~M),000.00 for the lufr~ngement of cop ~rights; and, (4) Sd00,000.00torallothertypesotliabiil~ y. the right to require the grantee to remove at its own expense all or any (dj Initial Performance Guarantee. The Grantee shall, within thirty (30) portionoftheCATVsystemfromallpublicways..within..the.City. . . days after the adoption of the resolution na~ sins said grantee, post with the (f) At the expiration of the term for which this ~*rancnlse is granmo, or upon Clty~ performance bond or cash In the a~ ount of $50,0~0.00 which will be ifs termination and cancellation, as provided for herein, the City shall have retu,r~,ed to the Grantee at the end of four y~ ~ars provided the grantee has in the right as a condition precedent of the taking effect of the grant, to require good Calth during said time, commenced its construction of the system to be the grantee of this Franchise to offer to the municipality all l?roperty used operated pursuant to this Franchise within me year from the effecUve date under or in connection with this Franchise or such part of such property as of th~ ordinance, and has completed the con ~truction and is offering comau- the municipality may desire to purchase in accordance with and pursuant to nlty antenna television service to all the r~ sidents of Delray Beach within the terms of Florida Statutes 167.~. four Years from the effective date of this o: dinance and has, In good tail.h, ($.) After the .expiration.of the term for which this Franchise is granted or compiled with the terms of this ordinance ~ nd rules and regulations hereto alter its termination and cancellation, as provided for herein, the City shall reqult'ed and permitted. The grantee shall ~ talte quarterly progress reports have the right to determine whether the grantee may continue to operate and to th~ City Manager after the date construcl ion is commenced. In default of maintain the CATV system pending the decision of the City as to the future the ~antee performing the obliw&lion heret~ t in this section set out, the said maintenance and operation of such system.