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HomeMy WebLinkAbout1969 OrdinanceORDTNANC~. NO. '~/.~ AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SEBASTIAN CABLE T.V., INC., TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; REGULATION OF ITS. OPERATION, 'RATES, PAYMENTS, SERVICE, CONSTRUCTION, AND MAINTENANCE; CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; AND PROVIDING AN EFFECTIVE DATE. 'BE IT ORDAINED BY THE GOVERNING BODY 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. ~efiniti'ons. For the purposes 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 iState of Florida. b. "City" is the City of Sebastian, Florida. c. "Company" is Sebastian Cable T.V., Inc., a Florida corporation, 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, 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 television system herein authorized. Section 3. Grant of Authority - Non-Exclusive. There is hereby granted by the City to the Company the non-exclusive L. ]3, VO(3EI,LE . ATTORNEY A.T LAW · 5140 lOT" AVENUE · %zERO ]~F,A(~lq, FLORIDA 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 onto and use of facilities owned and operated bY public utilities operating 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 execu- tion. Section4. Co~mpliance~withLaws~,'Regulations and OrdinanceS. The Company shall, at all times during the life of - 2 - L, B, VOCELLE · ATTORNEY AT LAW · 2140 10TM AVENUE · VERO BEAGH, FLORIDA 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 of 1962, and as from time to time amended and revised. Section 5. Company Liability and Indemnification. a. Liability Coverage. 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 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 in any one claim, $300,000.00 as to any one 'accident or occurrence, and not less than $100,000.00 for property damage as to any one 'accident or occurrence. b. Workmen's Compensation COverage. 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 agents and employees as ~required by law. c. Permanent Paymentand Perfo'rmance Guarantee. The COmpany shall furnish a bond to the City in the sum of $1,000.00 which shall remain in full force and effect throughout the terms of this Franchise Ordinance to guarantee the payment of all sums which may become due to the City for rentals, inspections, or work performed for the benefit of the Company under this Franchise Ordinance by any of its provisions, and such bond shall guarantee - 3 - L, ]3. ¥O(]ELLE · ATTOiiNEY AT L~W · ~lz$O 10Tm AVENI2E · YERO BEAOlI, FLORIDA 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 enforced. d. Re'sident 'Company and Agent. 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. certifi- cates of all coverage required shall be promptly filed by the Company with the City. Section 6. Conditions on Street Occupancy and Syste~ Construction. a. 'Use. All 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. Restoration. 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 by the City, replace and restore such pla'ces so disturbed in as good condition as before said work was commenced, and shall maintain the restora- tion in a condition approved by the City for the full period of this Franchise Ordinance. c. Reloc'ation. 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. d. Plac'ement of Fixtures. The Company shall not place - 4 - L. B. VO(~ELLE · ATTORNEY AT LAW · -~140 lOTM AVENUE · VERO BEAGH, FLORIDA any fixtures or equipment where the same will interfere with gas, electric, telephone 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, el'ectric, telephone, and water lines and equipment. e. Tempo'rary Removal of Wires for Buildin~ Moving. The Company shall, .on the request of the City, temporarily raise or lower its wires to permit the moving of buildings. f. No'P~rop'erty'Rig'ht. 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 re- quire.' g. 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. Co'nstruc'tionApproval by City'- Colrrection :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 inspec't 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 sho!uld 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 - 5 - L, /~, VO(JELL~ ATTOIANE¥ AT LAW · ~]z~O 10TM AVENUE , VERO BEAOPI, FLORIDA 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 its:elf and charge the cost 'of same to the Company. Section 8. Number 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 five channels available to the subscribers to this system in the City and the COmpany will continue ito maintain and relay to the subscribers to this system in the City not less than five channels, unless the transmitting television station 'or stations ·ceases or curtails its trans- mission 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 iavailable. Section9. ''Re~ul'ate'd '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. Ser'ViceStand'ards. 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 persons in the City. SeCtion 11. COmpa'ny 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 :0rdinance and to assure an' uninte'rrupted service to each and all its customers, ·provided, however, that :such rules, regulations, - 6 - L. B. VOGELLE · ATTORNEY AT LAW · 2140 10TM AVENUE ~ VERO BEAGH, FLORIDA terms and conditionS shall not be in conflict with the provisions hereof and shall be isUbject to the approval of the governing body. Section 12.' Rates 'to Customers. During the first three years of the term created by this Franchise Ordinance, the Company will charge $10.00 for an attachment fee and a $5.00 monthly charge for a single standard outlet to an individual customer. Multiple attachments during the first three years of the term created by the Franchise Ordinance shall be $5.00 for each additional standard attachment, more than one, and the monthly subscriber rate shall be $1.00 for each individual outlet in excess of one. The Company may not require a customer to continue 'to receive the services of the Company any longer than such customer may desire. After the first three years of the term created by this Franchise Ordinance, attach- ment fees and monthly subscriber rates may be increased by the Company, provided, hOweVer, .that said increase shall not eXceed the percentage increase in the cost of living as shown by statistical data in the Consumer price Index for Services Ex- cluding Rent as published in the Bureau of Labor Statistics, Monthly' Labor Review, compiled by the .Bureau of Labor Statistics of the United States DePartment of Labor. Section 13. 'Pr'eferential' O~r Discriminatory Practices 'Prohibit~ed. The Company shall not, as to rates, charges, or regulations, make or grant any 'preference or advantage to any person, nor sUbject any person to any prejudice or disadvantage. SeCtion 14. Payment'to City. a. Gross Revenue Tax. The COmpany shall pay to the City a tax 'or fee from the gross revenues received by the Company from the 'operation of the system which shalt from time to time be set bY the governing bodY, provided, however, that for the first year after the effective date of this Franchise Ordinance the Company shall not be required'to pay the City a tax or fee. --' 7 -- L. lB. ¥OGELLE · ATTOI{/~]~Y AT LAW . ~140 10T~ AVEAIIlE · ¥tg]~O BEAGt{, FLOlqIDA After the first year and for a period of five (5) years there- after, the Company shall pay to the City three (3) per cent of the gross revenues received by the Company from the operation of the system. Thereafter, the rate shall continue unless a new rate is mutually agreed upon by the City and the Company. b. Manner of Payment. 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. Re~orts. A semi-annual summary report showing, gross revenues received 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. Section 16. Transfer Prohibited. 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 other person without prior approval of the governing body. Section 17. Duration of Franchise Ordinance. This Franchise Ordinance shall remain in full force and effect for a period of twenty (20) years and shall be sUbject to renewal by the City by negotiations with the Company for an additional ten (i0) year period not to exceed a total of thirty (30) years inclUding the initial twenty year period. Section 18. Penalties. Should the Company, its successors 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, the Company shall forfeit all its rights hereUnder to the City after written notice to the Company - 8 - L. B, VO(3ELLE · ATTORNEY AT LAW · 2140 lOg" AVENUE · VERO BEAGiI, FLORIDA and continuation of such violation, failure or default for a period of more than ninety (90) 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 19. Separability. In the event any section or part of this Franchise 0rdinance shall be held invalid, such invalidity shall not affect the remaining sections or portions of this Franchise 0rdinance.' If the terms of this Franchise should conflict with any laws or regulations now in effect or hereinafter adopted by the Federal Communications Commission (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 20. service to Cit~. The Company shall provide one free connection to a municipally owned or leased building within the corporate limits of the City. Section 21. Effective Date - Acceptance by Company. This Ordinance shall become effective thirty (30) days after its adoption by the governing body. i Upon the adoption of this Ordinance, the Company shall file With the City Clerk its written acceptance of the terms, provisions, and conditions of 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. This Ordinance is null and void if the Company has not begun operation and transmission within eighteen (18) months of the effective date of this Ordinance. Section 22. New Dievelopments. It shall be the policy of the City liberally to amend this Franchise upon application - 9 - L_ B. 'VOOELLE · ATTOIINEY AT LAW · 2140 10'" AVENUE · VERO BEAOH, FLORIDA of the grantee, when necessary to enable the grantee to take advantage of any developments in the field 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, provided, however, that this seCtion shall not be construed to require the City to make any amendment. Section 23. 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 be no interference with television reception, radio reception, telephone Communications or other installations which are now or may hereafter be installed and in use bY the City or any persons in the City. b. The Company shall carry all signals of every tele- vision station where the community antenna television system tower or towers and antenna equipment are located within the Federal Communications Commission approved predicted Grade B. contour line of that teleVision 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, or 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 promulgated by the Federal Communications Commission in the future. c. The Community antenna television system shall maintain at all times: 1) Use all band equipment capable of passing the entire UHF television and FM radio spectrum. L. B. VOOELLE · ATTOP2~EY AT I.A~¥ · 2140 10?" AVENUE · VERO BEAOH, FLORIDA 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 intel- ligence. 3) Provide a minimum leVel of 1',000 microvolts at the input terminals of each teleVision receiver on the line, across 300 ohms. 4) Provide that 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 decibels. 6) Provide a television signal with a hum modula- tion 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 magacycle channel is to be a flat plus or minus decibel. 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 tests as requested by the City under the supervision of a City representative in order to establish the leVel of performance of the system. e. Provided, hOwever, nothing contained herein shall be inconsistent with the rules and r~gulations of the Federal Communications Commission. Section 24. S'elrvice Manager. The Company shall provide a service manager and shall have a local public telephone listing - 11 - L. B. VOC~ELLE · ATTOI~NEY AT LAW · 21z~O lOw" AVENiIE · VEI{O BEAO}I, FLORIDA so that the public may call in complaints at any time. The manager shall be on call 24 hours a day to receive reports and notlces 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. Section' 25. This franchise shall also include any area of a radius of five miles of the city limits of Sebastian which shall not conflict with any other franchise. Section26. Rep'e'al'Colnflic'ting~0'rdinances. Ail ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. i HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, .on the ~~ day of~ ~J~/~-- , 1969. Florida, ATTEST: Presi~t, City C~u~f~il The foregoing ordinance was approved bY me this , 1969. City of Se~?~ Florida - 12 - L, B. ¥OGELLE · ATTORNEY AT I~W · ~140 10TM AVENUE , VERO BEACH, FLORIDA I HEREBY CERTIFY that I posted a true copy of the foregoing Ordinance on the ibUlletin 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 the passage of said Ordinance on second reading, and I posted a true copy of said Ordinance on the bulletin board of the City Hall after final passage. L. B, VO(~ELLE . ATTORNEY AT LAW . ~140 lOTM AVENUE 0 VERO BEAOH, FLORIDA