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HomeMy WebLinkAboutORD #218-EORDINANCE NO. AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND VIIi-A, A LIMITED PARTNER- SHIP, JONES INTBRCABLE,INC., GENERAL PARTNER TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PROVIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS; CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A SEVERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE DATE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as Sebastian Community Antenna Television Franchise Ordinance. Section 2. Definitions. For the purpose of this ordinance, the following terms, phrases, words and 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? ""State'" is the State of Florida. '"City"' is the city of Sebastian,Florida. "'Company"' is Cable TV Fund VIII-A, a Limited Partnership, Jones Intercable, Inc., general partner, the grantee of rights under this Franchise Ordinance. d. "Governing Body" is the City Council of Sebastian, Florida. e. "'Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. f. ':'System" shall mean the lines, fixtures, equipment, attachments, and all appurtenances thereto which are used in the construction, operation and maintenance of the community antenna television system herein authorized. Section 3. Grant of Authority - Non-Exclusive. There is hereby granted by the City to the Company the non- exclusive right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under, the streets, sewers, alleys, public ways and public places, now laid out or dedicated and all extensions thereof and additions thereto in the City, wires, poles, cables, underground conduits, conductors and fixtures necessary for the maintenance and operation in the City of a community antenna television system for the reception and distribution of television signals and energy, frequency modulated radio signals, and commercial visual and aural signals which are not otherwise herein prohibited, The Company shall have the right in the operation of the system to make attachments to City owned property at such rates and upon such terms and conditions as shall from time to time be determined by the governing body. The rights herein granted shall extend to any area annexed to the City and the Company shall be bound by the same rules and regulations as to such area as are otherwise herein or hereafter provided. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth, shall not be exclusive, and the City reserves the right to grant the use of streets, alleys, public ways and places to any person at any time during the period of this Franchise Ordinance. The Company shall have the right to enter into agreements for the attachment unto and use of facilities owned and operated by public utilities operation with 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 placed on file with the City Clerk's Office immediately upon their execution. Section 4. Compliance with Laws, Regulations and Ordinances. The Company shall, at all times during the life of this Franchise Ordinance be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter by Resolution or Ordinance provide. The construction, operation and maintenance of the system by the Company shall be in full compliance with the National Electric Code and applicable local codes as from time to time amended and revised. Section S, Company Liability and Indemnification. a. Liability Coverage, It is expressly under- stood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim, or demand whatsoever arising out of the construction, operation and maintenance of the system by the Company. The Company agrees to maintain and keep in full force and effect at all times during the term of this. Franchise Ordinance sufficient liability insurance coverage to protect the City against any such claims, suits, judgments, executions, or demands in a sum not less than $100,000.00 per person as to any one claim, $300,000.00 as to any one accident or occurrence, and not less than. S100,000,00 for property damage as to any one accident or occurrence, b. Workmen's Compensation CoYerag~. The Company shall also maintain in full force and effect throughout the duration of this Franchise Ordinance sufficient workmen's compensation insurance coverage to adequately and fully protect its agent~ and employees as required by law. c. Permanent Payment and Performance Guarantee. The Company shall furnish a cash or surety bond through a Class A insurance company authorized to do business in the State of Florida, to the City, in the sum of $15,000.00, which shall -3- remain in full force and effect throughout the terms of this Franchise Ordinance to guarantee the payment of all sums which may become due to the City for rentals, inspections, or work performed for the benefit of the Company under this Franchise Ordinance by any of its provisions, and to guarantee to the City operation and transmission with the times specified, and such bond shall guarantee to the City the performance by the Company of all the provisions of this Franchise Ordinance in all laws, rules and regulations herein permitted to be adopted and enforced. d. Resident Company and A~ent. Ail insurance policies and bonds as are required of the Company in this Franchise Ordinance shall be written by a Class A company or companies authorized and qualified to do business in the State. Certificates of all coverage required shall be_promptly filed by the Company with the City. Section 6. Conditions on Street OccupancX and System Construction. a. Use. Ail transmission and distribution structures~ lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys, or other public ways and places. b. Location. Should the Company choose to bury its equipment, primary cables shall be installed at a minimum depth of 18 inches below existing g~ade. Secondary cables shall be installed at a minimum depth of 6 inches below existing grade. c. Restoration. In case of any disturbance of pavement, sidewalks, driveways, or other surfacing, and grass, sod, or landscaping the Company shall, at its own expense and in a manner approved by the City, replace and restore such places so disturbed in as good condition as before said work was commenced, and shall maintain the restoration in a condition approved by the City for the full period of this Franchise Ordinance. d. Relocation. In the event that at any time during the period of this Franchise Ordinance the City shall lawfully elect to alter or change the grade of any street, alley, or other public way, the Company, upon reasonable notice by the city, shall remove, relay, and relocate its equipment at its own expense. e. Placement of Fixtures. The Company shall not place any fixtures or equipment where the same will interfere with gas, electric, tleephone or water lines, fixtures, and equipment, and the location by the Company of its lines and equipment shall be in such manner as to not interfere with the usual travel on said streets, alleys,and public ways and the use of the same by gas, electric, telephone, and water lines and equipments f. TemporarX Removal of Wires for Building Moving. The Company shall, on the request of the City, temporarioy raise or lower its wires to permit the moving of buildings. The cost of such relocation may be collected in advance from the party holding the moving permit. g. No Property Right, Nothing in this Franchise Ordinance shall grant to the Company any right to property in City owned property, nor shall the City be compelled to maintain any of its property any longer than, or in any fashion other than in the City's judgment its own business or needs may require. h. Permits, Easements, and Agreements. The City shall not be required to assume any responsibility for the securing of any rights-of-way or easements, nor shall the City be responsible for securing any permits or agreements with other persons or utilities, Section 7. Construction Approx~l by City - Correction of Defects. Except for individual service drops, the Company shall not erect any pole, run a line, make any attachment, nor shall any construction of any kind be commenced without the prior approval of the governing body, and the City shall have and maintain the right to inspect the construction, operation and maintenance of the system by the Company to insure the proper performance of the terms of this Franchise Ordinance. In the event the Company should violate any of the terms of this Franchise Ordinance or any of the rules and regulations as may be from time to time lawfully adopted, the City shall immediately give to the Company ninety (90) days written notice to correct such violation, and in the event the Company does not make such correction within ninety (90) days from the receipt of such written notice, the City may make such correction itself and charge the cost of same to the Company. Section 8. Signal Carriage. The Company will install and operate a system in the City which will be capable of delivering all signals required by the Federal Communications Commission. Section 9. Regulated Public Utilities. The Company shall not use the system to interfere or conflict with services offered by public utilities regulated by the State. Section 10, 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 of all its cu~omers, provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof and shall be subject to the approval of the governing body. Section 11. Rates to Customers. (a) The rate schedule (attached as Exhibit A) will be filed with the City Clerk of the City of Sebastian. Those rates cannot be adjusted, except as provided herein. (b) (1) The Company may adjust its rates annually a maximum of 5% without City Council approval. The Company must notify the City Council and subscribers 30 days prior to implementation of such an increase. (2) In the event that the Company wishes to increase its rates in excess of 5%, it will advise the City Council in writing 90 days prior to intended implementation of such a rate increase. If the Council so chooses, it will meet within 60 days of such notification to hear justification for any such rate adjustment. In the event the City Council chooses not to meet or not to act, the rate adjustment will become effective 90 days after notification to the City. If the City chooses to act, the City Council may pass a resolution granting the rate adjustment as proposed, denying the rate adjustment as proposed, or granting some rate adjustment not to exceed that proposed. (3) In the event that the City and the Company do not agree on any proposed rate adjustment in excess of 5% the Company has the right to request binding arbitration.. In the case of binding artibtration, the City will choose one arbitrator and the Company will choose one arbitrator, The arbitrators, jointly, will choose a third arbitrator. Both the City and the Company will accept the decision of the Board of Arbitration° Section 12. Preferential or Discriminatory Practices Prohibited. The Company shall not, as to rates, charges, or regulations, make or grant any preference or advantage to any person, not subject any person to any prejudice or disadvantage. Section 13. Franchise Fees. a. Gross Revenue Tax. The Company shall pay to the City three (3) percent of the gross Basic Service revenues received by the Company from the operation of the system. The rate shall continue unless a new rate is mutually agreed upon by the City and the Company. b. Manner of Payment. All payments are required by the Company to the City shall be made annually and shall be due within ninety (90) days after the close of the Company's fiscal year. c. The first payment to be due March 30, 1982, for such applicable revenues collected between the date of passage of the Ordinance and December 31, 1981. d. One-third (1/3) of the franchise fee shall be allocated for the purpose of production and promoting local programming (such as the cablecasting of City Council meetings). The Company may deduct from such fee the actual cost of producing and promoting such local programming. The Company will furnish the City with an annual breakdown of such deductions at the time of payment. In the event that production and promotion costs for such local programming exceed the accrued franchise fee for any given annual period, such overages may be carried over to sUbsequent period. Section 14. Reports. An annual summary report showing gross revenues received by the Company from the operation of the system within the City during the preceding 12 months' period and such other information as the City may require in support of same, shall be given to the City by the Company. The Company books of operation shall be open to the City and City representatives for the purpose of establishing gross revenues at all reasonable times. Section 15. Franchise Transfer. The Company shall not sell or transfer its plant or system or any portion thereof, nor any right, title, or interest in the same, nor shall the Company transfer any rights under this Franchise Ordinance to any person without prior approval of the governing body. Such approval cannot be unreasonably withheld. Section 16. Duration of Franchise Ordinance. This Franchise Ordinance shall remain in full force and effect for a period of fifteen (15) years and is subject to renewal by the City by negotiations with the Company for an additional fifteen (15) year period not to exceed a total of thirty (30) years. Section 17. Service to City. The Company shall provide free connections to all municipally owned or leased buildings within the corporate limits of the City. Section 18. Service to the Community. The Company shall, in times of an impending or during a natural disaster such as a hurri.cane, flooding, or other unusual weather phenonemon of major proportion and/or other man-made disasters such as a train derailment or chemical tank truck explosion, and/or other important concerns affecting the health, safety and welfare of the general populace, designate a certain channel as an emergency channel to be utilized by Civil Defense, the SebastianVolunteer Fire Department and Ambulance Squad, the Sebastian City Police, the city administration, Red Cross or other appropriate service agency for broadcasting updated bulletins or accounts of the emergency to the public. Such broadcasts will be considered as public service announcements and shall be free of charge to the service organization or agency broad- casting. Section 19. New Developments. It shall be the policy of the City liberally to amend this Franchise upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field -9- of transmission of television, radio signals and cable T.V., which will afford it an opportunity more effectively, efficiently, comprehensively or economically to serve its customers, pro- vided, however, that this section shall not be construed to require the City to make any amendment. Section 20. Service Standards. a. The Company shall maintain and operate the system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Council, provided, however, the Company shall operate the system so that there will not be interference with television reception, radio reception, telephone communications or other installations which are now or may hereafter be installed and in use by the City or any persons in the City. b. The Company shall carry all signals as required by the Federal Communications Commission. The Company agrees to abide and be governed by any and all rules and regulations promulgated by the Federal Communications Commission or which may be promulgated by the Federal Communications Commission in the future, c. The Community antenna television system shall maintain at all ti~mes: (1) Use all band equipment capable of passing the entire standard VHF television and FM radio spectrum. (2) Equipment that passes standard color television signals without visible degradation and with no significant phase shift and no visible effect on color fidelity and intelligence. (3) Provide a minimum level of 1,000 microvolts at the input terminals of each television receiver on the line, across 75 ohms. (4) Provide that the system and all equipment be designed and rated for 24 hours per day continuous operation, [$) Provide a slgnal-to~noise ratio of not less than thirty-six decibels, if the signal-to-noise ratio received at the antenna site is at least thirty-six decibels. {6) Provide a television signal with a hum modulation less than three per cent. (7) Use components having voltage standing wave ratio of 1.4 or less. [..8) Provide an inter-modulation distortion not to exceed minus forty-six decibels, (9) Provide that the plot of gain versus frequency across any six megacycle channel is to be flat plus or minus 3 decibels. d. The Company shall provide and keep accurately calibrated test equipment on hand in the City at all times for the testing of all service and operational standards out- lined in this Ordinance and shall conduct these tests as requested by the City under the supervision of a City representa- tire in order to establish the level of performance of the system. e. Provided, however, nothing contained herein shall be inconsistent with the rules and regulations of the Federal Communications Commission, Section 21. 'SerVice Manager. The Company shall provide a service manager and shall have a local public telephone listing so that the public may call in complaints at any time, The manager will be on call 24 hours a day to receive reports and notices of disruption or impairment of service, Such a service manager shall not be required to reside in the City, however, he shall be located so as to be able to provide prompt and efficient service to the sub- scribers to the system. Section 22. Penalties. Should the Company, its successors or assigns, violate any of the prdvisions of this Franchise Ordinance or any reasonable rules and regula-: tions or other laws, or should the Company fail to promptly perform any of the provisions hereof and fail to operate, the Company shall forfeit all its rights hereunder to the City and forfeit the bond, after written notice to the Company and continuation of such violation, failure or default for a period of more than thirty (.30) days. In the event the Company is adjudged bankrupt or in the event of a suit for benefit of creditors, all rights herein given to the Company, shall, at the option of the City, be forfeited and terminated. Section 23. Severability. In the event any section or part of this Franchise Ordinance shall be held invalid, such invalidity shall not affect the remaining sections or portions of this Franchise Ordinance. If the terms of this Franchise should conflict with any laws or regulations now in effect or hereinafter adopted by the Federal Communications (or any other governmental agency now existing or to be formed issuing rules and regulations affecting telecommunications) the State or the United States Government, compliance by the Company with such rules shall not cause a forfeiture of this Franchise. Section 24. ~e~peal Conflicting Ordinances. This Ordinance repeals Ordinance 218 and Amendments thereto, and all ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 25. Effective Date - Acceptance by Compaq. This Ordinance shall become effective Ocr.abet 1, 1981, upon its adoption by the City Council. Upon the adoption of this Ordinance, the Company shall file with the City Clerk -12- its written acceptance of the terms, provisions and conditions of this Franchise Ordinance, its insurance policy or policies, and its bond or bonds as required by this Franchise Ordinance, within thirty (30) days after said adoption. Otherwise, this Franchise Ordinance shall be void and of no effect, and the Franchise rights, privileges and authorities given the Company hereunder shall cease. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the ~~ay of ~ 1981 //' ' · ATTEST City C1OPk day of I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166. 041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida, at ?::~O. on the ~[~ day of ~ , 1981, and ! that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the ~_~~-~.~, 1981. Wi ~y" C 1 Frk EXHIBIT "A" The following rates and charges are hereby, authorized for service under this Franchise. (1) INSTALLATION New Installation Reconnect (previously active) Extra Outlet Relocate Outlet $19,95 $1~..s0 $ 7.so $ 7.50 MONTHLY SERVICES Regular Services: One Outlet Each additional outlet $ 8,50 $ 1.6o (3) MONTHLY SERVICES - COMMERCI'AL These rates are to be negotiated on an individual basis. P.O. Box 327 Sebaatian, Florida 32958 .;OnE. inCE:iC. 3LE. . 3O5/569,-3646 September 8, 1981 City of Sebastian P.O. Box 127 Sebastian, ~l. orlda 32.958 Attn: Yayor ~lood City Council 'Dear Wavor and City Counci. l ~embers, Ouri. ng the Sebastian City Council's .August ].9~ ~gg~ session a first reading was held to consider ~ non-exclusive 'Franchise aareement between the City o'~ Sebastian and Cable TV Pund viii-?.., a Li. mited Partnership, Jones Intercable, Inc., General Vartner. qeveral revisions o~ the orooosed ordinance were agreed upon by both ,arties whfch w~ll -be ~ncornorated into the agreement for the second and th{rd rea. d{n~s o~ the Ordinance. As Jones Intercable's Vice-Ores{dent of Ooerat~.ons, Wr. Whomas ~.!. Engel indicated, several of the council's orozrammlng ~.uarantees would be dealt with more appropriately in a letter of~intent rather than. to be incl_ude:] in t'be ©rc!i.n<arl. cc. Tn this re~ar~, ,Tones Tntercable, !nc. foes oromise that its CATV system in Sebastian will carry a minimum of twelve (12) channels. Furthermore, Jones InterCable, Inc., ~uarantees that the three major networks (A.BC;b]BC & CBS) will continue to be included so long as the means of carriage will remain technically and econom{.ca].lv feasible. During the public discussion that foIIowed the first read{.ng of the Ordinance, a person in the audlence requested that the Council hold up any action on the Ordinance until jones Intercable made service available to her house located on Balboa St. As a matter oF record we contacted the person on August. 28, 198~ to inform her that we would be able to install service on August 31, 1981. The person decided that ~he would wait untiI after her neighbors had been installed to decide iF she would llke to have cable service. ~o this day she bas pot contacted us to request service. P, egards,~~~~/,~ /~ ~,!illiam R. Sisk Manager cc: Thomas ~-*. Enzel, V~ce-President/Operatlons Jones Intercable~ tnc. Charles Railey, Division Wana~er Jones Intercable, Inc.