HomeMy WebLinkAboutORD #218ORDINANCE NO. ~
ANORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE
TO INDIAN RIVER CABLEVISiON, INC., TO OPERATE AND
MAINTAINA COMMUNITY ANTENNA TELEVISION SYSTEM.
IN THE CITY; REGULATION OF ITS OPERATION, RATES,
PAYMENTS, SERVICE, CONSTRUCTION, AND MAINTENANCE;
CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING
CERTAiN..PENALTiES.~ANDPROViDING.ANEFFECTIVE DATE
BE IT ORDAINEDi BY THE .GOVERNING BODY OF THE CITY OF
SEBASTIAN, FLORIDA:
section 1. ShOr~ Title. This Ordinance Shall be known
and may be 'cited as sebastian Community Antenna Television
FranchiseOrdinance.'
Section 2. uelfi~itions. 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.
b. "City" is 'the city of Sebastian, Florida.
c. ,,company" is INDIAN RIVER CABLEVISION, INC., a
Florida corporation, the grantee ~of rights under this ~Franchise
Ordinance.
Florida.
" '' body"
Governing is the City Council of Sebastian,
e. '"person" is any person, firm, partnership, associa-
tion, 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 televisi~on system herein authorized.
L. B. VOGELLE , ATTORNEY AT LAW · 2140 l0TM AVENUE · VERO BEA(3}t, FLORIDA
SeCti.on.3. .Gr.a.~t:~.o..flAuth'orl'y :-' NOn EXclu'sive. There
is hereby, granted by the 'City to the company the 'non-exclusive
righ~ and privilege to conStruct, erect, operate, and maintain
in, upon, along, acrOSs, .above, over and under, the s'treets,
sewers, alleys, public ways'and .public places,' now laid out or
dedicated and all eXten'siOns thereof and additions .theretO in
the 'City, wires, poles', cables', :underground conduits, conductors
and fixtures :neCess'ary for the maintenance and operation in the
City of a community antenna teleVision system for the reception
and distribution of' television signals :and ene.rgy,' ifrequency
modUlated radio 'signals, and commercial visu'al and aural signals
which are 'nototherwise'herein prohibited. TheCompany shall'
have 'the 'right in the op'eration of the System to make attach-'
ments to City owned property at such :rates and upon such terms
and conditions as shall'-from time to time be determined, by
the gover'ning bodY. The 'rights .herein granted shall extend to
any 'area anne:X.ed to the 'City and the company shall be bound by
. the same. rules 'and regulations as to such area as are iotherwise
herein or hereafter provide
The right to use and occupy said streets, all'eYs,
public ways and place's for the 'purposes 'herein set forth,shall
not :be exclUsive,' and the'City re.s'erves the 'right to 'grant the
use of stree'ts,' alleYs,: .public w.ays, and places to any person
at .any time 'during the period of this Franchise Ordinance.
The Company shall have the: right to. enter into agree-
ments for the 'attachment untO 'and use °f facilities' '°wned and
operated by public utilities' operating with 'the City, whereby
the'company sh. all strictly comply with the'terms, Pr°visions
and restrictions 'of said ~greements, and copies 'of all agree-
ments made with'other public utilities 'operating within the'
City shall be placed on file"with the City Cl:erk's office im-
mediatelyupon their eXeCution.
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L. B. V00ELLE · ATTOi~EY AT IAW · 2140 loTM AVENUE · VER0 BEACH, FLORIDA
Section' 4 C~o~l'.i~anc.e~ wilt'h LawS,' Reg'ula~ti'ons 'and
· 0rdinanc~es. The'Company shall, at all times 'during the life of
this Franchise 0rdinance 'be .sUbject to all lawful exercise of
the ipolice 'power by the 'City and to such reasonable 'r~gulation
as ~the 'City shall hereafter by ResolUtion or 'Ordinance pr.ovide.
The 'construction, .operation and maintenance of the system by
the 'company shall be in full compliance with 'the National
EleCtric Code of 1962, and as from time ito time 'amended and
revised.
SeCtion5. com~a~y'Li~ability a~ndIndemnification.
a. '~Liabi'lity Covera'ge. It is~expressly understood 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 iCompany. The icompany agrees to
maintain .and keep in full forCe ,and effect.at all 'timeS. during
the 'term of this 'Franchise '0rdinance sufficient liability
insurance coverage 'to proteCt the 'City against any such claims,
suits, .judgments,. executions, or demands in a sum not less than
$100,0.00.00 per person as to any one 'claim,' $300',000.00 as to
any one 'accident 'or occur, rence, and not leSs than $100'000-.00
for property damage as 'to any one accident 'or occurrence.
b. workmen"s'Compensa'tilo'nC~oVerlag~.' The Company shall
also' maintain in full f°rce and effect throughout the duration
of. this FranchiSe 0rdinance sufficient workmen's compensation
insurance coverage 'to adequately and f'ully protect .its agents
and employees as irequired by law..
c. P.ermanent~Payment,a~nd p~erfo~rmanc~e'iGuarantlee. 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' $1,500'.00, which shall
L. B. VOGELLE · ATTOI~NEY AT LAW · 2140 ~O'~ AVENtIE · VERO BEAGI{, FLO]{ID.A
remain in full force and effect throughout the terms of this
Franchise 0rdinance t0 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 within the times specified,
and: such 'bond shall ~uarantee to the 'City ~the performance by
the company of all the provisions 'of' this 'Franchise ~0rdinance
and all laws, .rules 'and r~ulations herein permitted to be
adoptedand enforCed.
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.' certifi-
cates 'of' all coverage irequired shall be promptly filed bY the
Company with ithe City.
section' '6. ' conditilo'ns o'n 'Street Occupancy and ~system
.~Co.nStru.cti~on.
ia. ''Use'.' ~All 'transmission and distribUtion structures,
lines and equipment ereCted bY the 'Company within .the'City shall
be'So' located as to cause minimum inte~ference With ithe proper
use of streets,' alleys,' and other pubiic ways and places 'and
.to cause minimum interference with!the r~ghts 'or reasonable
convenience ~of property owners wh° adjoin any of' said streets,
~alleys,' .or other public ways' and placeS..
ib.i' 'ReSto'rati'on. 'In case of any disturbance of pave,'
ment, sidewalks, driveways,' .or' other surfacing, the company
shall, at its own expense and .in a manner approved bYthe
Ci~y,~.rePiace and rest'ore Such iplaces so disturbed in as good
condition as before said work 'was commenced, and shall main-
tain ~the restoration in a conditi'on approved bY the 'City for
the 'full period of' this Fzanchise ~0rdinance-
L, B. VOCELLE · ATTORNEY AT LAW . 2140 10TM AVEATiIE · WERO BEAO}I, FLORIDA
c. ':Relo'ca~ion. In the ieVent that at any time during
the.period of this Franchise ~0rdinance the 'City shall' lawfully
eleCt to: alter or change ithe. grade of any street, ialley, or
other publi'c waY, ~the icompany, .upon' reasonable notice. ~bY the'
City, .shall remove, .relay, .and relocate its equipment at its
own expense.
d. ~ 'Pla'c'ement off'Fixtures. The'company shall not place '
any fixtures 'or equipment where the 'same Will i.nterfere with
gas,' ielectr:i¢, ~telePho.ne 'or water lines', fixtures, and equip-
ment, and the location by .the ComPany of its 'lines 'and equip-
ment shall: :be in such manner as to not interfere with the usual
travel on' said s't:reets,' all~eYs,' and public ways and the 'use 'of
the same by gas, electric, itelephone,~ and walter lines and
equipment.
e. "'Temppra.ryi~ 'Removal~ 'of Wi'.re's'i for ~Building .~ovi'ng.
The Company shall, .on the !requeSt of':the Ci~ty, ~temp'orarilyraise
or lower its wires to permit :the moving of buildings.
f.' No Proper.ty ~i'gh~.: NOthing in this Franchi.se
Ordinance shall grant to: the'Company any right to property in
City owned property,, nor shall :the 'City be' compelled to main-
tain 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.
.g. ~:p.er~i%s/E'~seme!n~s,i!a~d A~re'emen'%s. The City shall
not'be:required to assume'any.responSibility for the se:curing
of any rights-of'waY or eas'ements,' .nor' shall the 'City. be
resPonSibl'efor seCuring .any permits'or agreements with iother
persons 'or uti'ii'ties.
SeCtion 7.' ;CO~s'tructio'n! 'Appro'Va.%~ by' ~C~ty' CorreCti:on
'of~Uefe'Cts~. 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
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L. B_ VO(~Ei,LE · ATTORNEY AT LA~%r . ~140 IOTM AVENUE · VERO BEA.OH, FLORIDA
· 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 '0rdinance 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 'c'orrection itself and
charge ithe cost of same to the 'Company.
section 8. Numb'er ~o~f Channels. The Company will
install for the operation of the 'system in the City an ALL CHANNEL
SYSTEM capable of transporting and relaying all twelve VHF
channels, FM and UHF channels, and the Company shall place into
operation not less than twelve .channels available to the sub-
scribers to' this system in the City and the Company will continue
to maintain and rel-ay to the subscribers to this system in the
City not less than twelve channels, unleSs 'the transmitting tele-
vision station or stations causes 'or curtails its tr.ansmission
by act 'of God or other cause not within the control of the
Company. The Company shall 'make the national television net-
works, ~ABC, NBC and CBS available.
Section 9. 'Regul~a'ted 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'. Service ~S~andards. The Company shall
maintain and operate the system so that there will be absolutely
no interference with television reception, radio recePtion,
telephone communications or other installations which are now
or may hereafter be installed and in use ~by the City or any
L, B. VOOELLE · ATTORNEY AT LAW · 2140 lOTM AVENI~E · YERO BEAOH, FLORIDA
persons in the'City.
SeCtion 11. ~.~C0~P~ny i~Rul.es. The Company shall have
the .authority to PromU!gate .such rules, regulations, terms and
conditions governl g the'conduct of its~ .bUsiness as shall be
reasonably ~necesS.ary to enable .the Company to exercise its rights
and to perform its ~obligations und~er this ~Franchise Ordinance
and .to assure an uninterrupted service to~ each ~of all its
customers, provided, .howe~er, ~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.
SeOtion 12.. Ra.t~eS! .t~o Cust~me.rs.. During the first
three years 'of the '.ter'm created bY this Franchise 'Ordinance,
the 'company will charge"$I4..95 for' an attachment fee and a
$4.95 monthly char.ge.for a single Standard outlet to an
individualcustomer. Multiplelattachments''during the first
three years 'of the 'ter'm 'created by' the Franchise 'Ordinance shall
be $I4.95 for' each additional standard attachment, more than
one,' and the monthly subs~criber rate shall be~ $1'00 f°r each
individual outle~ in eXcess 'of one. The company may not require
a customer to continue to' receive 'the ser'Vices 'of the icompany any
lo~ger than such .custome'r may desire. After the first three
years.of.the '.termcrea.ted. by this 'Franchise~Ordinance,attach-
ment fees 'and monthly subscriber rates may be increased by. the
ComPany, provided,' however, .that said in.crease s'hall no% exceed
the per'centage increase in the 'cost :of' living as sh°wn bY
statistical data in ~the .Consumer 'price 'Index for Services ~EX-
clUding Rent as published in the Bureau of Labor. Statistics,
Mo.nlthi~~ L.a~bo:r~ ReVieW,..Compiled by. the' .Bureau o f Labor Statistics
of ~the ~United Skates' ~Department of' Labor.
section 13 ,pr~feren.tl.a~,orDis:c. rimina't:or~ ~Prac'tic'es
Prohibii~ed. The iComPany ~shall not, as 'to' rates, charges, or
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L. B. VOOELLE · ATTOlil~EY AT LAW · 2140 l0TM AVENUE · VERO BEAGI-I, FLORIDA
r~g.UlationS,' make ~or grant any p~eference or advanta.ge 'to any
person, nor sUbjeCt any person to any prejudice or disadvantage.
a. 'Gro.sS ReVen'ue~ Tax. The 'Company shall pay to' the
City ~three 'i(3~)per cent of the !gross' revenues' .received by
the comPany immediateIy from the operation of the system. The
rate 'shali continue unless a new .rate 'is' mutually agreed upon
bY the 'City and the 'Company.
b.''Ma'n~'r'of~P~me~.t. All payments as~required by
the company to the City shall be made quarterly ~and shall be
due Within thirty .(30)days 'after the ~close of the preCeding
three monthS'period.
SeCtion. 15.' '.~ePo~'ts.. A semi-annual isummary rePort
shOwing..grossrevenuesreceiVed bY the'Company'from the opera-
tion of the system within the City during the PreCeding six
months" period and such Other information as the City may .re'
quire 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 time's'.
Section 16. iTra~sf'eri'P'rohibi!ted. The Company shall
not' sell 'or transfer its plant or system or'any portion thereof,
nor' any right, titl'e,..or interest :in the Same, .nor shall the
company transfer any rights ~under this 'Franchi.se Ordinance to
any person without pti'or approval of' the. governing body.
section 17.~Qura~tion oflFranchis'e!grdinance- This'
Franchi'se :Ordinance shall, remain in' full' force 'and effect for
a period of' twenty .(2.0)years and may be .sUbject to renewal
by the City bY negotiations with the 'Company: for an additional
ten '(I.0) year period' not' to eXceed a total of thirty (3.0)
years including the initial twenty year period.
SeCtion 18."'Pep~alties. ShOuld the icompany, its
L. B. VOOELLE · ATTORNEY AT LA~N · 2140 10TM AVENUE · VERO BEAOH, FLORIDA
successo'rs or assigns,~ violate~ any of the Provisions of this
Franchise Ordinance or any reasonable 'rules and regulations or
.other laws, .or shOuld the Company fail to prOmptly perform any
of the Provisions hereOf and fail to operate, the iCOmpany shall
forfeit 'all its 'rights her.eunder 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 mo~re than
thirty (3.0)days. 'In the'event the 'Company is adjudged bankrupt
or' in the event of a suit for ben~efit of creditors, all rights
herein, given to the 'Company, shall', ~at the option of the City,
be forfeited and terminated.
SeCtion 19..' SeParabi!ll~ty., 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 bytheFederal Communications 'commission
(Or' any other governmental agency now existing or to be formed
issuing rules and regulations affecting teleCommunications) the
State or thelUnited States Government,~ ¢°mpliance bY the iC°mpany
with such rules 'shall not cause a forfeiture of this Franchise.
section 20.' s'erVice !to Cit~. The company shall provide
one. free. Connection to a municipally owned or leased building
within the 'corporate limits of the City.
SeCtionl. 2i.~E.~feCtivel Da'te!'.-!'A?ce~'ti~p~ by Company.
This Ordinance Shall become effective immediateiy upon its
adoption bY the. governing bodY. Upon the adoption of this ordi-
nance,i the Company shall' ~ile With the City .Clerk its written
acceptanceOf .the terms,, provisions and conditions of this
Franchise ~Ordinance,i its' insurance 'policy or pOlicies, and its
bond or bonds as required bY this Franchise Ordinance,' within
ten (10). days after said adoption. Otherwise, this 'Franchise
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L_ B. VOOELLE · ATTORNEY AT LAW * 21,¢O 10Tr~ AVENUE * VERO BEA.GPI, FLORIDA
Ordinance shall be Void and 'of no effect,' and the Franchise
rights, privileges and authorities given the Company her.eunder
shall 'cease. This Ordinance is null 'and void if the 'Company
has not b~gun operation and transmission on or before March 1,
1971. In the event operation and transmission has not be.gun
on 'or before March 1, 1.97i, beCause of Act 'of God or reasons
not the fault of the COmpany, upon application to the City
by the Company and for good cause shown, the Company may have
an additional 'sixty (60) days to belgin operation and trans-
mission.
Sec·ti·on 22. New iUeVel~opments. 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 of tr.ansmission of
teleVision, radio signals 'and cable ·T.V., which will ·afford it
an opportunity more effectively·, efficiently, comprehensively
or eConomically to serve its customers, provided, however, that
this section shall not be construed to require the City to make
any amendment.
SeCtion 23.' SerVice S~andards.
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 ithe System so that there will
be'no interference with ·television recePtion, radio· reception,
telePhone Communications or other installations which ·are now
or may hereafter be iinstalled and in use bY the ·City or any
persons 'in the ·City..
b.· The Company shall ·carry all signals ·of every tele-
vision station wherethe icommunity antenna ·teleVision ·system
tower ·or· towers and antenna equipment are located within the
Federal ·commUnications commission· approved predicated Grade B
L, B. VOGELLE · A'rTORN'EY AT LAW · ~140 10TM AVENUE · YERO BEA(3~I, FLORIDA
contour line of· that itelevisi~on station,·or such ·other rules
and regulations aS may be required by the Federal Communications
Commission'.. The television signals ~at no time shall be altered,
interrupted, lot blacked .out. in any way by the Company. The
ComPany agrees to abide 'and be governed by any and 'all' rules
and regulations· promulgated by.the.Federal communications Com-
mission'or' Which may be PromUlgatedbY the ·Federal Communications
Commission in the future.
c. TheCommunityantenna tel.eVision system shall
maintain at all times:
1. Use all band equipment capable of passing the
entire iUHF teIevision and FM radio SpeCtrum.
2.' Equipment that passes standard colOr'teIeVision
signals without visibleld~gradation and with 'no significant
phase shift and no Visible ~effect on· color fidelity and intel-
l!gence.
3. provide a minimum leVel of 1',0.00 microvolts ~at
the ·input terminals of each 'teIevision reCeiVer .on .the'line,.
across 300 ·ohms.
4. Provide ithat the system and all equiPment be
designed and rated for 24 .hOurs per day continuous operation.
5. Provide 'a signal-to-noise ratio of. not less·
than forty-six deCibels, if the Signal-to-noiSe ~ratio received
at the' antenna site 'is at least forty-six deCibeIs.
· 6. provide 'a teleVision signal with a hum modula-
tion le·ss than three ·per· cent.
17. Use components having voltage standing wave
ratio of 1.4'.or' less.'
'8. prOvide !an inter-modUlation distorti°n not to
eXceed minus forty-six deCibels.
9. ·Provide ·that the plot of gain versus frequency
across any six megacycle channel is to be a flat plus or minus
deCibeI.
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L. B. VOGELLE , ATTORNEY A.T LAW , 214C) l0TM AWENIIE · VERO BEAGH, FLORIDA
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 outlined
· in this 'Ordinance 'and shall.'conduct these' itests as requested
by the 'City under the 'supervision of a City representative .in
order to establish ithe level of performance of the system.
e. provided, hOwe~er, nothing contained herein shall
be inconsistent with the rules and regulations of the Federal
communications commission.
Section 24...'S'elr~i~'e:M'a~nag'e~. The company shall provide
a s'ervice manager and shallhaVea local public telePhOne
listing so' that the Public may .call in complaints at any time.
The manager shall be on ca11'.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 SubSCribers to the system.
section25...Repe:al.~Co:nfli.ctingi~0rdinances. All
ordinances or parts of ordinances'in conflict herewith !are to
the 'extent of such iconflict hereby repealed.
I HEREBY CERTIFY that .the' 'foregoing: Ordinance was
fina. lly passed .by the 'City council of the City of Sebastian,
ATTEST:
L, ]~l VO(JELI~E . ATTORNEY AT LAW · 2140 10'" AYENUE · MERO BEAOH, FLORIDA
The' foregoing 'Ordinance was ~approved byl me .this
day of' ' """ . .
, 1.970.
Mayor' )
City of' Sebastian4 Florida.
Ii HEREBY CERTIFY that I posted a true copy of the
foregoing 'ordinance on the bulletin board of the City Hall of
the City ~of SebaStian, Florida, 'after passage of said ordinance
on first reading, and at least five :days before ithe passage of
said Ordinance 'on second reading, and I posted a true. copy of
said Ordinance 'on the 'bulletin board of the CItyl Hall after
final passage.
L. B. VOGELLE · ATTO]~/~EY AT h~W- · 2140 i0v" AVENUE ' VERO BEAOPi, PLOi~IDA