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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-0091 Temp. Ord. #1849 4/6/99 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99- © l AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 5.5 CABLE TELEVISION ARTICLE II. "CITY OF TAMARAC, FLORIDA, CABLE TELEVISION ORDINANCE." SECTION 5.5-22. "DEFINITIONS." MODIFYING DEFINITIONS, SECTION 5.5- 23. "INTENT AND PURPOSES." DELETING SUBSECTIONS (C), (D), & (E); SECTION 5.5-24. "GRANT OF AUTHORITY; FRANCHISE REQUIRED." REQUIRING AUTHORIZATION AND PROVIDING FOR CABLE TELEVISION SERVICE ONLY, SECTION 5.5-25. "FRANCHISE CHARACTERISTICS." SPECIFYING TERMS AND OBLIGATIONS AND PROVIDING FOR ALTERNATIVE VIDEO PROGRAMMING SERVICES, SECTION 5.5-28 "APPLICATIONS FOR GRANT, RENEWAL, MODIFICATION OR TRANSFER OF FRANCHISES." RENUMBERING AND REVISING APPLICATION REQUIREMENTS AND FEES, SECTION 5.5-29. "GRANT OF FRANCHISE." RENUMBERING SECTIONS AND PROVIDING FOR CONDITIONAL GRANT OF FRANCHISE, ELIMINATING TIME LIMITATIONS FOR AGREEMENT ON TERMS OF FRANCHISE, MODIFYING FEE REQUIREMENTS, SECTION 5.5-30. "COMMENCEMENT OF SERVICE." CHANGING THE TERM GRANTEE TO FRANCHISEE, SECTION 5.5-32. "SECURITY FUND." MODIFYING MINIMUM SECURITY FUND REQUIREMENT, SECTION 5.5-33. "CONSTRUCTION BOND." MODIFYING CONSTRUCTION BOND REQUIREMENT, SECTION 5.5-34 "MINIMUM FACILITIES AND SERVICES." RENUMBERING SUBSECTIONS AND REQUIRING MINIMUM SYSTEM CAPACITY, MODIFYING SERVICE REQUIREMENTS FOR CITY BUILDINGS AND SCHOOLS, INCREASING STANDARD DROP, REQUIRING CABLE SERVICE ON PRIVATE PROPERTY, ADDING NEW CODING: Words in stFuGk thFough type are deletions from existing law; Words in underscored type are additions. 2 Temp. Ord. #1849 4/6/99 SECTION 5.5-35. "ACCESS CHANNELS AND FACILITIES." PROVIDING FOR ACCESS CHANNELS, EQUIPMENT, PROGRAM PRODUCTION, INSTITUTIONAL NETWORK INTERCONNECTION AND CAPITAL COSTS, DELETING SECTION 5.5-36. "ACCESS CHANNELS AND FACILITIES." RENUMBERING EXISTING SECTION 5.5-35. "TECHNICAL STANDARDS" TO SECTION 5.5-36, AMENDING STANDARDS, SECTION 5.5-37. "FRANCHISE FEE." AMENDING FRANCHISE FEE REQUIRING PUBLIC HEARING, SECTION 5.5-39. "CUSTOMER SERVICE REQUIREMENTS." AMENDING INSTALLATION REQUIREMENTS AND PROVIDING FOR FEES; CHARGES; YEAR 2000 COMPLIANCE; ENFORCEMENT; NOTICE; REFUNDS; FINES; SCHEDULES; CITY MANAGER REVIEW; PAYMENT REQUIREMENTS; APPEAL; PENALTIES; LICENSE REVOCATION; AND RENUMBERING OF SUBSECTIONS, SECTION 5.5-41. "DISCRIMINATION PROHIBITED." DELETING UNIFORM AND CONSISTENT DISCOUNT REQUIREMENT, SECTION 5.5-43. "ENFORCEMENT REMEDIES." RENUMBERING SUBSECTIONS; PROVIDING FOR PENALTIES; REQUIRING WRITTEN NOTICE PRIOR TO LEVYING OF ADDITIONAL FINE, PROVIDING FOR LIQUIDATED DAMAGES, SECTION 5.5-45. "TRANSFERS." ADDING THE TERM UNCONDITIONALLY, SECTION 5.5-50. "ADMINISTRATION." CLARIFYING TERMS, SECTION 5.5-52. "APPLICABILITY." DELETING SUBSECTIONS (B) AND (C), ADDING NEW SECTION 5.5-53. "NOTICES." TO PROVIDE FOR WRITTEN NOTICE PROCEDURE, RENUMBERING EXISTING SECTION 5.5-53. "MUNICIPAL CABLE SYSTEM OWNERSHIP AUTHORIZED." TO NEW SECTION 5.5-54, RENUMBERING EXISTING SECTION 5.5-54. "RESERVATION OF RIGHTS." TO NEW SECTION 5.5-55 AND FORMALIZING CITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CODING: Words in stFuskt+Rugh type are deletions from existing law; Words in underscored type are additions. 3 Temp. Ord. #1849 4/6/99 WHEREAS, the existing cable television franchise agreement between the City of Tamarac and MediaOne expires on May 20, 1999; and WHEREAS, cable television franchise agreements are governed, in part, by the City's cable television ordinance; and WHEREAS, significant changes in technology and telecommunications law have occurred since the City last amended the ordinance in 1994; and WHEREAS, it is appropriate to amend the ordinance to reflect these changes; and WHEREAS, the City has hired Leibowitz and Associates, P.A. to provide professional expertise and guidance during the cable franchise negotiation process; and WHEREAS, Leibowitz and Associates, P.A. prepared this ordinance revision pursuant to input from City staff; and WHEREAS, a significant source of cable television problems is in the area of customer service; and WHEREAS, this ordinance significantly increases the delineation of the City's responsibilities and authority where customer service is concerned; and WHEREAS, the Director of MIS and the Assistant City Manager recommend approval; and CODING: Words in sErasl(thFaUgh type are deletions from existing law; Words in underscored type are additions. 4 Temp. Ord. #1849 4/6/99 WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City of Tamarac to amend the cable television ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. Section 2: The Cable Television Ordinance is hereby amended as follows: ARTICLE I. IN GENERAL Secs. 5.5-1--5.5-20. Reserved. ARTICLE II. FRANCHISE REQUIREMENTS AND RESPONSIBILITIES Sec. 5.5-21. Short title. This article shall be known and may be cited as "City of Tamarac, Florida, Cable Television Ordinance." (Ord. No. 94-15, 2, 10-12-94) Sec.6.5-22. Definitions. For the purposes of this article, the following terms, phrases, words and their CODING: Words in stFusk thsugh type are deletions from existing law; Words in underscored type are additions. 5 Temp. Ord. #1849 4/6/99 derivations shall have the meanings 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 words "shall" and "will' are mandatory, and "may" is permissive. Words not otherwise defined herein or in any franchise agreement that might be granted hereunder shall be given the meaning set forth in the Cable Communications Policy Act of 1984, 47 USC 521 et seq., and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, and as those acts may hereinafter be amended (collectively the "Cable Act"), and, if not defined therein, their common and ordinary meaning. Cable service means the 9% ways transmission of video or other programming services over a cable system to subscribers together with any subscriber interaction, if any, which is required for the selection of such programming services. Cable system, cable television system, or system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the city. Such term does not include (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 USC 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming, basis, directly to subscribers , {d}unless the extent of such use is solely to provide interactive on -demand services; (d) an open video system that complies with Section 663 of the Telecommunications Act of 1996; (e) any facilities of any electric utility used solely for operating its electric utility systems; or (00f any facility used for the provision of telephone service. The foregoing definition of "cable system" shall not be deemed to circumscribe the valid authority of the city to regulate the activities of any other communications system or provider of communications services. City means the City of Tamarac, a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or CODING: Words in stFUGk thFOUgh type are deletions from existing law; Words in underscored type are additions. 6 Temp. Ord. #1849 4/6/99 reincorporated form. Control of a franchisee,gFantee or applicant means possession of the ability to direct or cause the direction of the management or policies of a franchisee, OlFaee or applicant, or the operation of a franchisee's system, either directly or indirectly, whether through ownership of voting securities, by contract or understanding, or in any other manner. Gross revenues means all revenues recognized in accordance with Generally Accepted Accounting Procedures (GAAP) generated directly or indirectly by the franchisee (and to the eXte t appliGaI918- its and. any affiliates, subsidiaries; or parent of of the franchisee "ar, a financial from any source whatsoever arising from, attributable to, or in any way derived from, the Gale 9F e9rhaR98 Of Gable the operation of a the cable system by the fFaRA_hiF_;ee wit-hiff to provide cable services in the city. Gross FeYBRues Revenues includes, but is not limited to, fees charged subscribers for basic service; fees charged subscribers for any optional, premium, per -channel; or per -program, service; fees charged subscribers for any tier of service other than basic service; installation, disconnection, reconnection; and change -in-service fees; leased aGG late fees; lute payment fees; leased access fees, payments or other consideration from programmers for carriage of programming on the system; revenue from converter, remote, modem or any other equipment rentals or sales; revenues from studio and studio equipment rental; revenues from leases of cable or fiber optic lines and other transmission devices and equipment; revenues from transmission of data; revenues from internet access and services; insurance proceeds due to business interruption; revenues from installation service and content enhanced internet products and services including, but not limited to, internet access services and content enhanced services: revenues from consumer products including, but not limited to cable guides; advertising revenues allocable to the city based on a percentage of subscriber base in the city divided by the subscriber base of the system. Such percentage will then be multiplied by the system's total advertising revenue of the system to determine the allocable gross revenue stemming from advertising; revenues from home shopping channels or other sources allocable to the city, provided that where certain home shopping channel or other CODING: Words in StF ��, type are deletions from existing law; Words in underscored type are additions. 7 Temp. Ord. #1849 4/6/99 such revenue is allocable to more than one (4} franchise area due to common zip codes, the franchise will allocate the percentage of revenue to the city which is equivalent to the percentage of the e" population of the -city divided by the total population for the allocable franchise areas in question; and the Gale, Gross revenues shall be the basis for computing the franchise fee imposed pursuant to section 5.5-37 hereof. Gross revenues shall not include any taxes on services furnished by the 4a ehtee franchise which are imposed upon any subscriber or user by the state, county, city or other governmental unit and collected by the franchisee on behalf of st+94 said governmental unit and which the franchisee passes on in full to the applicable tax authority , s Ghat However it is hereb ex ressl rovided that franchise fees shall be included in the calculation of gross revenues. Further, franchise fees shall not be paid on subscriber deposits unless and until said deposits are applied to a customer account for services rendered. To the extent not prohibited by applicable law, a franchisee agrees that cable Internet services, including, but not limited to CCD-. _ Home, Roadrunner and Media Express or similar services, provided by a franchisee, its parent affiliates or subsidiaries, over the cable system shall be deemed cable services as provided under Title VI of the Communications Act of 1934, as amended. Revenues received by franchisee, and to the extent consistent with the franchise agreement and not specifically prohibited by applicable law,_its_parent, affiliates or subsidiaries from such services provided over the franchisees cable system including, but not limited to, cable modem equipment, advertising and sales revenues, shall be included within the definition of gross revenues for the purposes of the franchise fee calculation to the maximum extent required by the franchise agreement and consistent with applicable law. State of the art means that level of technical performance, equipment components and services more modern than that which has been developed and demonstrated to be generally accepted and used in the cable industry, excluding tests involving new products offered for one year or less for areas of equivalent population. The city will require that systems will have at minimum the capability_ of providing no less than the channel capacity, products, services and technology available from the system serving any other similarly -sized city or other commun[ty CODING: Words in stFuek through type are deletions from existing law; Words in underscored type are additions. 8 Temp. Ord. #1849 4/6/99 in the state of Florida, or other such communities owned and operated by the franchisee outside the state. In no event will the system having a bandwidth of less than 750 MHz be considered state of the art. Subscriber base means the total number of residential and commercial subscribers within the city. For purposes of calculating subscribers under bulk contracts, the franchisee shall count each subscriber served as one (1) subscriber. Franchisee shall not use any equivalency measures including calculation based on market rate unless required by applicable law. System malfunction means any cable system equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one (1) or more channels to one (1) or more subscribers. A malfunction is major if it affects eleven (11) or more subscribers. Transfer of a franchise means any transaction in which (1) an ownership or other interest in a franchisee or its cable system is transferred from one (1) person or group of persons to another person or group of persons so that control of a franchisee is transferred; or (2) the rights and/or obligations held by a franchisee under a franchise agreement are transferred or assigned to another person or group of persons. A transfer is "pro forma" when it involves a transfer to aR a wholly owned affiliate or subsidiary of the franchisee and will not result in a change in the ulfWmAts ownership or control of the franchisee. Sec. 5.5-23. Intent and purposes. Mw- CODING: Words in 64uskthFeugh type are deletions from existing law; Words in underscored type are additions. 9 Temp. Ord. #1849 4/6/99 ... (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-24. Grant of authority; franchise required. (a) The city may grant one (1) or more franchises in accordance with this article. (b) No person may construct or operate a cable system or any other communications transmission facilities over, on, or under public streets or rights -of -way in the city without a franchise or applicable authorization granted by the city unless otherwise authorized by law, and no person may be granted a cable franchise without having entered into a franchise agreement with the city pursuant to this article. 1p Unless otherwise authorized by law, any franchise granted pursuant to this ordinance is solely for the provision of cable television service and shall not be construed to authorize the provision of telephone, non -cable video or other telecommunications service. However, any person including but not limited to franchisees shall unless the city is otherwise prohibited by applicable law, obtain authorization from the city for the privilege of providing other telecommunications services including. but not limited to telephone service and/or alternative video rogramming services. (Ord. No. 94-15, 2, 10-12-94) CODING: Words in e4ws{F thFeugh type are deletions from existing law; Words in underscored type are additions. 10 Temp. Ord. #1849 4/6/99 Sec. 5.5-25. Franchise characteristics. Let A franchise granted to an applicant pursuant to this ordinance to construct operate and maintain a cable televisions stem within the cily, shall be deemed to constitute both a right and an obligation on the part of the franchisee to provide the services and facilities of a cable televisions stem as re uired by the provisions of this ordinance and the franchise. The franchise agreement shall incorporate by reference all of the provisions of the franchisee s application for the franchise that are finally negotiated and agreed upon by the city and franchisee and all written and oral representations and/or material made or provided by franchisee in its application, 'on, public hearing, or in any correspondence between the city and the franchisee or the franchisee and anv other person. All provisions of the franchisee s application and all written and oral representations and/or material made or provided by franchisee in its application, public hearing, or in any correspondence by the city and franchisee or the franchisee and any other person shall be deemed to be material and made for the purpose of inducing the city to grant the franchise in the form accepted. Lf Notwithstanding anything to the contrary, in the event that a franchisee its parent, affiliate or subsidiary elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including but not limited to an Open Video System, franchisee shall remain subiect to all terms and conditions of the cable television franchise granted ursuant to this ordinance. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-28. Applications for grant, renewal, modification or transfer of franchises. CODING: Words in stFusk through type are deletions from existing law; Words in underscored type are additions. 11 Temp. Ord. #1849 4/5/99 (e) An application for the grant of an initial franchise shall contain, at minimum, the following information: (1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with five (5) percent or more ownership interest in the applicant, including the names and addresses of parents, affiliates or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership interest of each named person; (2) An indication of whether the applicant, or any person controlling the applicant, or any officer, director or person with five (5) percent or more ownership interest in the applicant, has been adjudged bankrupt, had a cable franchise or license revoked, had an application for a cable franchise renewal denied, been found to be in noncompliance with any cable franchises or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances; (10) Provide the proposed calendar schedule of any construction and activation of any new installation, upgrade or rebuild and identify the services to be provided including both cable and non -cable services; ILI) A description of any and all cable and telecommunications products and services the applicant intends to make available; Provide information as to whether the parent, any affiliate or subsidiary provides any non -cable telecommunications or telephone services in the state of Florida. If yes, please identify the 'urisdiction• For informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed program services to be delivered over the cable system; CODING: Words in s4w& thFough type are deletions from existing law; Words in underscored type are additions. 12 Temp. Ord. #1849 4/6/99 444JU4 A demonstration of how the applicant's proposal will reasonably meet the future cable -related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the city; 115J A description of what steps the applicant has taken to identify the cable related needs and interests of the community; A description of the applicants proposal to provide access channels facilities a ui ment ersonnel and financi in su ort of the ci s public, education and government related activities; tU7 424 Pro forma financial projections for the first five (5) years of the franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules; {�tUQ If an applicant proposes to provide cable service to an area already served by an existing cable franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the streets, poles and conduits to accommodate an additional system; 19 If an applicant proposes to serve or currently serves other jurisdictions via the same system intended to serve the city of Tamarac a list of all such jurisdictions and copies of all franchise agreements between the applicant and said jurisdictions; 120 44} Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this article and any other information that the city may request of the applicant that is relevant to the city's consideration of the application; 191) A certified statement signed by a duly authorized officer of an applicant stating that the a licant has read Ordinance No. and amendments thereto and Ordinance No. 94-15 and amendments thereto and CODING: Words in strUGk thFeug# type are deletions from existing law; Words in underscored type are additions. 13 Temp. Ord. #1849 416/99 understands and agrees that if awarded a cable television franchise by the Cite applicant shall comply with all provisions _of_this Ordinance as now and hereafter amended and that such agreement is a condition precedent to the award of a franchise pursuant thereto; 22 46� An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state law requirements; and 464(231 Authorization of the applicant to the city, its officers, agents or consultants to obtain any and all credit reports, financial reports and records of criminal or civil proceedings. (i) To be acceptable for filing, an application shall be accompanied by a nonrefundable filing fee in the following amount, as appropriate: (1) For a new or initial franchise: €-tee ten thousand dollars Q. ($10,000.00�; (2) For renewal of a franchise: €+ve seven thousand five hundred dollars 7 500.00 ; (3) For a transfer of a franchise (other than a pro forma transfer): Five thousand dollars ($5,000.00); (4) For a pro forma transfer of a franchise: One thousand dollars ($1,000.00); (5) For modification of a franchise agreement pursuant to 47 USC 545: 944e five thousand dollars ($5,000.00); (6) For any other relief: €ive two thousand five hundred dollars ($ 5 9 9 - 9 G}($2,500.00)- CODING: Words in strums..' n type are deletions from existing law; Words in underscored type are additions. 14 Temp. Ord. #1849 4/6/99 The purpose of the filing fee is to defray a portion of the city's cost in processing an application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 USC 542(g)(2)(D) and may not be deducted from the franchise fee imposed in a franchise agreement. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-29. Grant of franchises. (a) The city may grant a franchise for a period not to exceed ten (10) years to serve all or a specified area of the city. (b) The cily may make the grant of a franchise conditioned upon the completion of construction, upgrades or rebuilds of the cable system within a reasonably prescribed time or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the condition may cause the franchise to become null and void or may require the franchisee to pay liquidated damages to the city as specified in the franchise agreement. u In evaluating an application for a franchise, the city may consider, among other things, the following factors: the applicant's technical, financial, and legal qualifications to construct and operate the proposed system; the adequacy of the proposed construction arrangements, facilities, equipment and services based on the public convenience, safety and welfare; the applicant's experience in constructing and operating cable systems and providing cable service in other communities, if any; the ability of city streets or rights -of -way to accommodate the proposed system; the potential disruption to users of city streets and any resultant inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs and serve the public interest. Evaluation by the city shall not be based on the content of the programming the applicant proposes to provide. The city shall at all times be subject to and shall comply with all applicable federal, state, county and city laws. (s}u The city shall hold a public hearing to consider an application or applications. The applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public hearing, any CODING: Words in strurk thFough type are deletions from existing law; Words in underscored type are additions. 15 Temp. Ord. #1849 416/99 recommendations of the city manager or staff, and any other information relevant to the application(s), the city shall decide by ordinance whether to grant or deny a franchise application(s) and decide the terms and conditions of any franchise(s) granted. Upon the grant of a franchise, the franchisee's application shall become an integral part of the franchise, and the grantee Franchisee shall be bound by the representations therein made. Chug - - V. #a%hise agFeemeRt- (qu After complying with the above requirements, the city commission shall approve or disapprove the proposed franchise agreement by ordinance, or may direct that it be subject to further negotiation. (g4ll The grant of an initial franchise, a renewed franchise, an application to modify a franchise agreement, or an application to transfer a franchise may be subject to a processing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs incurred by the city in considering the application, including consulting, advertising and legal costs, less the amount of the filing fee set pursuant to section 5.5-28(i). WithiR Prior to final consideration of the application by the city commission, the city shall ne* bill the fral;r_-hiR_ee „� applicant for the amount of any processing fee and its method of calculationIf e and the applicant shall pay such fee within thirty (30) days of the date of the bill. If CODING: Words in StFUGli'"•^ s" type are deletions from existing law; Words in underscored type are additions. 16 Temp. Ord. #1849 4/6/99 the fee is not received by the city[ within thirty (30) calendar days of the date of the bill, the City shall notify such 0 franchisee and the franchisee shall pay a late fee at the rate of eighteen percent 1�Lper annum of the amount of the unpaid or underpaid fee, provided however that such rate does not exceed the maximum amount allowed under applicable laws. If said fee is not received in total by the City within sixty_(60) days of the date of the bill the City shall, notify such franchisee and the franchise will be revoked or any approval granted by such resolution or ordinance will be null and void. This processing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 USC 542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement and shall not be passed through to subscribers. (#3Lq) The city reserves the right to establish a municipal grant to be paid by the wee Franchisee at the time of granting initial franchise or renewal. Such amount shall be set by ordinance. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-30. Commencement of service. The grant of any franchise pursuant to this article shall be revoked and canceled by the city if gFantee Franchisee shall fail to accomplish significant construction within one (1) year after the grant of a franchise and further, such franchise may be revoked and canceled by the city if the gFaRtee Franchisee, after the first year of the franchise fails to equitably and reasonably extend its energized trunk cable or other technology as may currently be available to replace what had been characteristically referred to as energized trunk cable, to a substantial percentage of its franchise area each year, and in particular, the franchise may be revoked and canceled if the gFaRtee Franchisee fails to extend service to twenty (20) percent of the population of the city within the second year, and one hundred (100) percent of the population within the third year. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-32. Security fund. (a) Prior to an initial franchise becoming effective, the franchisee shall post with CODING: Words in StFUG type are deletions from existing law; Words in underscored type are additions. 17 Temp. Ord. #1849 4/6/99 the city a security deposit in a form acceptable to the city attorney and finance director to be used as a security fund to ensure the franchisee's faithful performance of and compliance with all provisions of this article, any franchise agreement, other applicable law, and compliance with all orders, permits and directions of the city, and the payment by the franchisee of any claims, liens, fees, or taxes due the city which arise by reason of the construction, operation or maintenance of the system. The amount of the security fund shall be s ecified in a franchise agreement but shall be no less than one hundred thousand dollars ($100,000.00) in order to protect the public, to provide adequate incentive to the franchisee to comply with this article, and to enable the city to effectively enforce compliance therewith. (b) In any franchise agreement entered into pursuant to this article, a franchisee may, in lieu of the security fund, file and maintain with the city a bond with an acceptable surety or a letter of credit in an amountspecified in a franchise agreement but shall be no less than of one hundred thousand dollars ($100,000.00) to indemnify the city against any losses it may suffer in the event the franchisee fails to comply with one (1) or more of the provisions of its franchise. Such bond shall be obtained at the sole expense of the franchisee and remain in effect for the full term of the franchise plus an additional six (6) months thereafter. The franchisee and its surety shall be jointly and severally liable under the terms of the bond for any damages or loss suffered by the city as a result of the franchisee's nonperformance, including the full amount of any compensation, indemnification or cost of removal of any property of the franchisee in the event of default, a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond. The bond shall provide for thirty (30) days' prior written notice to the City Manager, 7525 N.W. 88 Avenue, Tamarac, Florida 33321, of any intention on the part of the grantee Franchisee to cancel, fail to renew, or otherwise materially alter its terms. Neither the filing of an indemnity bond with the city, nor the receipt of any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the franchisee or limit the liability of the franchisee under the terms of its franchise for damages, either to the full amount of the bond or otherwise. (c) The rights reserved to the city with respect to the security fund or an indemnity bond are in addition to all other rights of the city, whether reserved by this article or authorized by other law or franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund or indemnity bond will affect any other right the city may have. CODING: Words in s4 r* VWG OII type are deletions from existing law; Words in underscored type are additions. ■ 18 Temp. Ord. #1849 4/6/99 (Ord. No. 94-15, 2, 10-12-94) Sec. 6.5-33. Construction bond. (a) Prior to any cable system construction, upgrade, or other work in the streets or rights -of -way, a franchisee shall establish and post in the city's favor a construction bond in an amount as necessary to ensure the franchisee's faithful performance of the construction, upgrade, or other work, but the amount.of such construction bond shall not exceed one hundred thousand dollars ($100,000.00) unless expressly required in a franchise agreement. Sec. 5.5-34. Minimum facilities and services. (a) The following minimum requirements for facilities and services apply to all franchises granted, modified or transferred on or after October 12, 1994. The city may ■ require in an acceptance of franchise, specific franchise agreement or amendment to this article or ordinance or resolution adopting such agreement that a franchisee exceed these minimum requirements where it determines, under circumstances existing at the time of the application, that the additional requirements are necessary to meet the city's future cable related needs and interests or to serve the public interest. (1) Any cable system constructed after October 12, 1994, shall have a minimum capacity of at least sixty-two (62) video channels available for immediate use. A franchise agreement or amendment to this article may provide for a larger minimum channel capacity requirement. within the city as of the effective date (2) Any cable systemlawfully_providing service to subscribers hereof shall upgrade or rebuild its system to have a minimum cal?acity of 750 MHz no later than eighteen (181 months from the date of the ordinance or resolution granting a franchise and shall reach a reement with the city no later than the fifth 5`h anniversa of the completion of said upgrade or rebuild of the system to upgrade or rebuild its system to comply with the State of the Art as defined in Section 5.5-22 herein and the terms and conditions of a franchise agreement. CODING: Words in strurk thFe6i@h type are deletions from existing law; Words in underscored type are additions. 19 Temp. Ord. #1849 4/6/99 u The city may require that any franchisee granted a new franchise, modification or transfer pursuant to this article provide access channels, facilities and other support for public, educational and/or governmental use, including but not limited to, provision of an INET, security channel and meter reading capability. ( 4U4 The city may require a cable system operating pursuant to a franchise that is granted, modified or transferred on or after October 12, 1994, to cablecast city commission meetings live to all subscribers at no expense to the city or subscribers. (4}1§j, A cable system shall provide leased access channels as required by federal law. (53&) A franchisee shall provide at least one (1) service outlet and all cable services including, but not limited to, cable modem and internet service without installation or monthly service charge to each and every floor of all city buildings and all public, private and parochial schools within its franchise area that are passed by its cable system and shall charge only its time and material costs for any additional service outlets to such facilities. (66)M Any cable system constructed, upgraded or rebuilt after the date hereof shall be designed so as to allow the city to interrupt cable service in an emergency to deliver necessary information to subscribers. (74M A franchisee shall make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired. A franchisee may impose a reasonable charge for such equipment. (g}n Standard installation shall consist of a drop, not exceeding erne two hundred twenty five (200� feet from the cable plant to the nearest part of a subscriber's residence. Residential drops in excess of eee two hundred tweRty five `�f200� feet may be charged according to the franchisee's rate schedule. (b) A franchisee shall make cable service available to any and all applicants whose dwellings or places of business are located within the city and who have signified their willingness to CODING: Words in MwrUSk ihF9W9r} type are deletions from existing law; Words in underscored type are additions. 20 Temp. Ord. #1849 4/6/99 neRGideFiRg the „GteRtial SePVmG8 FeVeR„e to be deFi„e d +ho.ofr,,...., allow access by the franchisee to private property. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-35. Access channels and facilities. U Applications for an initial franchise, modification, transfer or renewal may and, at the city's request, shall include proposals for the provision of access channels and a ui ment and facilities relating to such channels sufficient to meet community needs. Any franchisee awarded an initial franchise, modification or transfer renewal on or after October 12, 1994, shall, at minimum, provide the city with one (1) activated access channel for public, education and government use. u A franchisee granted an initial franchise modification or transfer on or after the date hereof shall provide, at the request of the city, studio equipment, technical services and/or financial support for production of live and video-taped municipal programs. Lcl Applications for an initial or renewed franchise may and, at the city's proposals p institutional network request shall include ro osals for the provision of an in. interconnecting city, educational institution and/or other public facilities. u All facilities, equipment, services and all other support to be provided by a franchisee pursuant to Section 5.5-34 and 5.5-35 hereof constitute capital costs which are re uired by the franchise to be incurred by franchisee for public, educational or government access facilities within the meaning of Section 622 (qLl(c o the Communications _ T_ Act, 47 USC 542 (g)(2)(c). Such grants do not ___ constitute a franchise fee within the meaning of the Communications, state law, this ordinance or any franchise agreement: and franchisee hereby waives and will not assert any proceeding or any claim to the contrary. Ord. No. 94-15 2 10-12-94 Sec. 5.5-36. Technical standards. CODING: Words in stFUsk thF9Wqh type are deletions from existing law; Words in underscored type are additions. 21 Temp. Ord. #1849 4/6/99 (a) Any cable system within the city shall meet or exceed the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted. The 6ystem "hall be ,,.,pable e All television signals transmitted on a cable system shall include any closed circuit captioning information for the hearing impaired. Antennas, supporting structures, and outside plant used in the system shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, county, city and/or utility laws, ordinances, rules and regulations. (b) All construction, installation and maintenance shall comply with the National Electrical Safety Code, the National Electric Code, and all laws and accepted industry practices, and as hereinafter may be amended or changed. (c) At the times specified by the city or as required by FCC rules, the franchisee shall perform, without charge, proof of performance tests designed to demonstrate compliance with the requirements of this article, the franchise agreement, and FCC requirements. The franchisee shall provide the proof of performance test results promptly to the city. The city shall have the right to inspect the cable system facilities during and after their construction to ensure compliance with the requirements of the franchise agreement, this article, and FCC standards. (d) The city may require an annual proof of performance test, and may require other tests as specified from time to time by the city or applicable law or regulation, to be performed promptly upon request and at the expense of the franchisee. The franchisee shall provide the test results to the city within thirty (30) days of completion. (e) The franchisee shall provide the city ten (10) days advance written notice when a proof of performance test required in subsections (c) and (d) above is scheduled so that the city may have an observer present. (f) A franchisee shall not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the cable system of another franchisee, or individual or master antennas used for receiving television or other broadcast signals. CODING: Words in stwsk-through type are deletions from existing law; Words in underscored type are additions. 22 Temp. Ord. #1849 4/6/99 (Ord. No. 94-15, 2, 10-12-94) =M 10 6- , , le -, 1 -2 9-__ - P.R.M.- - -le -, 0 10 -7 W-- :L, I Sec. 5.5-37. Franchise fee. (a) A franchisee, as compensation for the privilege granted under a franchise for the use of the city's streets and rights -of -way to construct and operate a cable system, shall pay to the city a franchise fee in an amount up to a maximum of either (1) +hr five percent tV/jo of the franchisee's gross revenues derived from the operation of its cable system within the city or (2) at the city's discretion, after a duly noticed public hearing, the greater amount than that specified in (1) above to the maximum amount permitted by such applicable law. ReqaFdle66, thEl FIRIlRiMum aRRUal frame-hiBa foe- t6hall be +u ie Rty dallaF6 !_$ 7a hf1f1 f1�1\ CODING: Words in 6tFUGli thFOUgh type are deletions from existing law; Words in underscored type are additions. 23 Temp. Ord. #1849 4/6/99 Sec. 5.5-39. Customer service requirements. (a) A franchisee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities. (b) A franchisee granted on that franchise, modification, transfer or renewal on or after the date hereof, shall maintain an office and service center within the city limits to which subscribers may visit or telephone without incurring added message units or toll charges. This business office shall be open from 8:30 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. This business office shall be so operated that complaints and requests for repairs or adjustments may be received by telephone twenty-four (24) hours per day, seven (7) days per week including holidays. (f) Franchisee must meet each of the following standards no less than ninety-five (95) percent of the time under normal operating conditions as measured on a quarterly basis: (1) Standard installation work shall be performed within 6even-(7) three u calendar days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the sew-(7) three 3 calendar day period. "Standard" installations are up toeRehup dreg- twxeRty fide (125)feet at minimum two hundred 200 feet or such greater number as may be provided in a franchise agreement, from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the franchisee the same day; (2) Franchisee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions, and service problems within the control of 9Fantee Franchisee, will be corrected within seventy-two (72) hours after receipt of complaint; CODING: Words in StFUSk thfeWg# type are deletions from existing law; Words in underscored type are additions. 11 11 1 24 Temp. Ord. #1849 4/6/99 (h) Disconnection. (1) Voluntary disconnection. a. A subscriber may terminate service at any time. b. A franchisee shall promptly disconnect any subscriber who so requests from the gFaR#ee's Franchisee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any gFantee Franchisee. So long as the subscriber returns equipment within three (3) business days of the disconnection, no charge may be imposed by any franchisee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request. (p) Billing. (1) The franchisee's first billing statement after a new installation or service change shall be pro -rated as appropriate and shall reflect any security deposit. (2) The franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (3) The franchisee's billing statement must show a specific payment due date not earlier than fifteen (15) days after the date the statement is mailed. Any balance not received within thirty (30) days after the due date may be assessed a late GhaF an administrative charge. Any administrative charge imposed as a late fee must bear a reasonable relation to the real cost of handling and collecting the late fee must not constitute a tool of profit for the collection of additional revenues, and must not be exorbitant Any late fee charged to subscribers in excess of $5 per billing period is resumed to be unreasonable and to not bear a reasonable relation to the harm incurred by the Franchisee plus the real cost of handling and collecting the late fee. The Franchisee shall bear the burden of proving that any such late fee is CODING: Words in struslctheeO# type are deletions from existing law; Words in underscored type are additions. 25 Temp. Ord. #1849 4/6/99 reasonable. A-. Any administrative charge applied to unpaid bills shall be subject to regulation _by the City consistent with applicable law. The late charge will appear on the following month's billing statement. M. .A-R+h'c+ hillier, tale r,or,+ If a customer disputes a bill within thirty (30) days of its receipt, the franchisee shall waive a late fee during the period until a final resolution of the dispute is agreed upon between the franchisee and the city. (r) Franchisee shall certify in writing to the city on January 1 and July 1 of each year based upon internal due diligence by the franchisee that to the best of franchisee's knowledge it is in substantial compliance with the standards set forth in this section 5.5-39 a-r , such certification to be made as of a date within thirty (30) days of the city's receipt of the certification. At the request of the city, the franchisee shall submit such documentation, as may be required, to demonstrate franchisee's compliance with this section 5.5-39. This documentation shall be submitted within thirty (30) days of the franchisee's receipt of the city's request. (s) Franchisee shall take all actions and implement all practices necessary to insure that the cables stem provides uninterrupted regular service to residential and business subscribers in the year 2000 and beyond for the_ term of this Agreement. Franchisee shall at all times be in compliance with any and all federal state and local law, rules and regulations including but not limited to the provisions of this Ordinance with respect to any matters related to the change in the date from calendar year 1999 to the year 2000. Franchisee shall submit to the City Manager or his designee a certificate of compliance executed by a duly authorized officer of the company no later than June 1. 1999. Failure to submit such certification shall constitute a violation of this Ordinance. o Responsibility for the administration of this Ordinance and any franchise granted hereunder and for the resolution of all complaints against a Franchisee regarding the gualily of service a ui ment malfunctions and related CODING: Words in st ugh type are deletions from existing law; Words in underscored type are additions. 26 Temp. Ord. #1849 4/6/99 matters, including the authority to order refunds or fees, is hereby delegated to the City Manager or his designee, who is empowered,, among other things, to settle, or compromise any controversy arising from operations of the Franchisee, either on behalf of the City -the Franchisee or any subscriber, in accordance with the best interests of the public. An decision made by the City shall be -provided to the Franchisee in writing and delivered pursuant to Section 5.5-53 herein. Franchisee shall have ten (10) days from receipt of such written decision to respond in writing to such decision. In cases where requests for service have been ignored or in cases where the service provided is unsatisfactory for whatever reason, the City Manager or his designee shall have the power to require the Franchisee to provide service if in the opinion of the City Manager or his designee such request for service is reasonable. Provided, that any person aggrieved by a decision of the City Manager or his designee, including the Franchisee, may appeal the matter to the City Commission for hearina and determination. The Citv Commission may accent. reject or modify the decision of the City Manager or his designee. No adjustment, settlement, or compromise, whether instituted by the City Manager or his designee or by the City Commission shall be contrary to the provisions of this Ordinance or any franchise agreement issued pursuant to this Ordinance and neither the City Manager or his designee nor the City Commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify_ or delete any provision of this Ordinance or of the Franchise, or to interfere with any ri hts of subscribers or an Franchisee under applicable Federal or State law or private contract. u The City must provide affected Franchisees no less than ninety (90) days written notice of its intent to enforce the standards set forth in Section 5.5-3%a)-(s). Enforcement of such standards shall be governed by the following: u In addition to the powers delegated in Section 5.5-39(t) above, the _City Manager or his designee shall have the authority to order refunds from a Franchisee to individual cable television subscribers who have submitted a written complaint to the City and to assess fines against a Franchisee for any violation of this Ordinance or any franchise issued pursuant to this Ordinance which fines will be paid to the City. Provided, however, that any person aggrieved by a decision of the City Manager or his designee, including the Franchisee, may appeal to the City Commission for hearina and determination. No interest or late charae shall accrue during the pendency of such appeal. CODING: Words in c#W& thF^Ugh type are deletions from existing law; Words in underscored type are additions. 27 Temp. Ord. #1849 4/6/99 L21 In ordering refunds to cable television subscribers, the City Manager or his designee shall be governed by the schedule set out below in which the refund indicated is expressed as a percentage of the subscriber's monthly bill. The refunds_ listed are to be made on a_per violation basis with each day of a continuing violation constituting a separate violation. The refund ordered by the City Manager or his designee pursuant to this Section 5.6-39(u) shall not exceed 100 _ _ violation has continued at least 30 percent o a subscriber's monthly L�un eSs a vio .. days from the date first reported to the Franchisee. SCHEDULE OF REFUNDS TO SUBSCRIBERS Single Violation of: Maximum Refund (Percent of subscribers monthly bill) [al Failure to comply with Section 5.5-39�(b). hereof 10% u Failure to comply with the telephone availability requirements of Section 5.5-39(c)a d (d), hereof 10% U Failure to comply with the repair and installation requirements of Section 5.5-39(Jf , hereof. 50% In assessing fines against a Franchisee, the City Manager or his designee shall beoverned by the schedule set out below. The fines listed are to be assessed on a per violation basis with each . day of a continuing violation constituting a separate violation. SCHEDULE OF FINES SINGLE VIOLATION OF; u Section 5.5-39(a)^hereof. U Section 5.5-39(b), hereof. U Section 5.5-39 c hereof. u Section 5.5-39(d), hereof. MAXIMUM FINES CODING: Words in 6trurk through type are deletions from existing law; Words in underscored type are additions. 100.00 300.00 300.00 300.00 28 Temp. Ord. #1849 4/6/99 u Section 5.5-39(e) and (fj, hereof. $300.00 of Section 5.5-39 (h). hereof. $300.00 LgL Section 5.5-39(i), hereof. $500.00 Section 5.5-39(i), hereof. 200.00 u Section 5.5-39(k), hereof. $100.00 JL) Section 5.5-39(1), hereof. $500.00 fhL Section 5.5-39 m hereof. $500.00 Section 5.5-39Lll1)(a) - (1)(i)1 $100.00 hereof. j,mL Section 5.5-39(n)(2), hereof. 500.00 (nL Section 5.5-39(n)(3)-(5), hereof. $500.00 jol Section 5.5-39(n)(6), hereof. $200.00 (pL Section 5.5-39(p) and (g), hereof. $200.00 (g,L Section 5.5-39(r), hereof. $500.00 ll Section 5.5-39(s), hereof $1,000.00 u Prior to ordering a refund and/or assessing a fine, the City Manager or his designee shall mail the Franchisee written notice by certified or registered mail of the violation and its intention to assess such damages which notice shall contain a description of the alleged violation. Following receipt of such notice, Franchisee shall cure or commence to cure such violation. Final cure of a violation shall toll the accrual of assessed fines and refunds. The Franchisee shall have ten (10) days from the date of receipt of the written notice to file a written response to the City Manager's (or his designee s) notice. The City and Franchisee shall make good faith reasonable efforts to resolve the dispute in guestion. Franchisee's written response shall be signed by management level personnel of Franchisee and all statements contained therein will be reaarded as material representations to the City. u Prior to ordering a refund and/or assessing "no, the City Manager or his designee shall consider any justification or mitigating factor advanced in Franchisee's written response, including but not limited to rebates or credits to the subscriber or a cure of the violation. The Ci Manager or his designee may, after consideration of the response of the Franchisee, waive or reduce any proposed refund or fine. In the case of a violation of this Ordinance or any franchise issued pursuant to this Ordinance, the City Manager or his designee may not assess anv fine if the franchisee has reasonably resolved the complaint or cured the CODING: Words in s4wak through type are deletions from existing law; Words in underscored type are additions. 29 Temp. Ord. #1849 4/6/99 violation within a reasonable time frame not to exceed fifteen (15) days. Such time period may be extended for good cause shown. However, affected subscriber may be entitled to a credittrefund as Drovided herein. Subsequent to the notice of proposed refund and/or fine to Franchisee and consideration of the Franchisee's response, if any, the City Manager or his designee may issue an assessment of refund or fine. The refund and/or fine shall be aid within thirty (30 days of written notice to the Franchisee. The Cit may enforce payment of the refund or fine in any court having_iurisdiction. It is the intent of the City to determine refunds and/or fines as a reasonable estimate of the damages suffered b the qLty and/or its subscribers. (7l Franchisee may appeal any decision of„the City Manager or his designee directly to the City Commission within thirty (30) days of notice of the decision to the Franchisee. (i8 Any person who intentionally files a false complaint against a Franchisee shall be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent violation. (% Intentional misrgRresentation-by a Franchisee in any response to a notice of proposed refund and/or fine shall be rounds for license revocation. u In addition to complying with the customer service standards set forth in this article or in any franchise issued pursuant to this article, a franchisee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable federal, state or county law concerning customer service standards, consumer protection, and unfair or deceptive trade practices. (#}(vv) The city expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any franchise agreement. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-41. Discrimination prohibited. CODING: Words in stFusli thFeugh type are deletions from existing law; Words in underscored type are additions. 30 Temp. Ord. #1849 4/6/99 (a) No franchisee may in its rates or charges, or in the availability of the services or facilities of its system, or in any other respect, make or grant undue preferences or advantages to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject any such persons or group of persons to any undue prejudice or any disadvantage. A franchisee shall not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a uniform and consistent manner. A franchisee may also offer bulk discounts to multiple dwelling buildings ems} to the extent such discounts are otherwise permissible by law. Sec. 5.5-43. Enforcement remedies. (a) In addition to any other remedies available at law or equity, the eky or provided in this ordinance, or in any franchise agreement, the city may impose a fine in the amount of $250.00 per violation per day or part thereof for any violation of this ordinance. Before imposing a fine pursuant to Section 5.5-43 herein the City shall give a Franchisee written notice of the violation and its intention to assess such damages which notice shall contain a descri tion of the allecied violation. Following receipt of such notice Franchisee shall have 10 days to cure the violation and the Cily shall make good faith reasonable efforts to assist the Franchisee in resolving the violation. If the violation is not cured within that 10 day period, the City may collect all fines owed beginning with the first day of the violation either b removing such amount from the Security Fund or throu h any other means allowed by law,. u In addition to any other remedies available at law or eguily or provided in this ordinance or in any Franchise Agreement, the City may apply any one or combination of the following remedies in the event a Franchisee violates this Ordinance, its franchise agreement fodeFal !a a licable State or Federal law or a licable local law or order; CODING: Words in stFur* thFOUgh type are deletions from existing law; Words in underscored type are additions. 31 Temp. Ord. #1849 4/6/99 (1) Impose liquidated damages , , as provided in the franchise agreement or otherwise allowed by_ law. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to comply with the franchise agreement and the requirements of this article.. Franchisee s failure to comply with Section 34 herein shall result in imposition of fines to be paid by the Franchisee to the City in an amount of not less than Two Thousand Dollars ($2,000.00)„per day or part thereof that the violation continues. (b} u In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest. (e4 u Failure of the city to enforce any requirements of a franchise agreement or this article shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (Ord. No. 94-15, 2, 10-12-94) See.5.5-45. Transfers. (a) No transfer of a franchise shall occur without prior approval of the city commission by authorization of ordinance. (e) No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this article and the franchise agreement, and that it will unconditionally assume the obligations and liabilities of the previous franchisee under this article and the franchise agreement. CODING: Words in strwskthFGU@h type are deletions from existing law; Words in underscored type are additions. 32 Temp. Ord. #1849 4/6/99 (f) Approval by the city of a transfer of a franchise does not constitute a waiver or release of any of the rights of the city under this article or the franchise agreement, whether arising before or after the date of the transfer. (Ord. No. 94-15, 2, 10-12-94) Sec.5.5-50. Administration. (a) The eity FnaRageF City Manage and/or his designee, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this article and franchise agreements. The qLty Manager and/or his designee shall be empowered to take all administrative actions on behalf of the city, except for those actions specified in this article that are reserved to the city commission. The Gity managef City Manager and/or his designee may recommend that the commission take certain actions with respect to the franchise. The City Manager or his designee shall keep the commission apprised of developments in ea#lo-the cable industry relevant to the City and provide the commission with assistance, advice and recommendations as appropriate. Sec.6.5-52. Applicability. (4) This article shall be applicable to all cable franchises granted, modified or transferred from the effective date hereof, and shall apply to all cable franchises granted prior to October 12, 1994, to the full extent permitted by state and federal law. - -- - - -- - - - -89 IRSTS. NOR.. �".�£lT�1RR_T��:T��11►:�:T�'�T�1:T:�F�1:1�T�f!- - f7. - CODING: Words in stFUG^ thF8Hqh type are deletions from existing law; Words in underscored type are additions. 33 Temp. Ord. #1849 4/6/99 (Ord. No. 94-15, 2, 10-12-94) Sec.5.5-53. Notices All written correspondence between the Cily and franchisee shall be delivered via hand delivery or certified mail. Notice to the cable operator shall be deemed effective upon receipt. Notice to the City shall be effective upon receipt by the City Manager and the Mayor. Sec. 5.5-3 54. Municipal cable system ownership authorized. (a) To the full extent permitted by law, the city may acquire, construct, own, and/or operate a cable television system. (b) Nothing in this article shall be construed to limit in any way the ability or authority of the city to acquire, construct, own, and/or operate a cable system to the full extent permitted by law. (Ord. No. 94-15, 2, 10-12-94) Sec. 5.5-64 66. Reservation of rights. (a) The e#y City reserves the right to amend this article and any subsequent franchise agreements granted pursuant hereto as it shall find necessary in the lawful exercise of its police powers. (b) Any additional regulations adopted by the e4y g1ty shall be incorporated into this article and complied with by all franchisees within thirty (30) days of the date of adoption of such additional regulations. CODING: Words in StFUGk type are deletions from existing law; Words in underscored type are additions. 1 34 Temp. Ord. #1849 4/6/99 (c) The Gity qLty reserves the right to exercise the power of eminent domain to acquire the property of the franchisee's cable system. (d) The e4y City shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy a franchisee's records and to inspect a franchisee's facilities to the extent needed to monitor a franchisee's compliance with and performance under this article and the franchisee's franchise agreement. (Ord. No. 94-15, 2, 10-12-94) Section 3: Codification: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4: Conflicts: All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflicts. Section 5: Severability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 6: Effective Date: CODING: Words in 6tFUGk thFeUgh type are deletions from existing law; Words in underscored type are additions. This Ordinance shall become effective 35 Temp. Ord. #1849 4/6/99 immediately upon its passage and adoption. PASSED, FIRST READING this /,day of , 1999. PASSED, SECOND READING this//'2'day of , 1999. ATTEST: CAROL GO , CMC/AAE City Clerk - IEY CERTIFY that I hA�as pro this %SOLUTI o form MITrELL S. KI�AFT City Attorney / r l J4 SCHREIBER ayor RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNIA ; DIST 2: MISHKlN.�""""" V/M DIST 3:. COMM. SLN.TAM__ DIST 4: COMM. ROBERIS CODING: Words in SOW& through type are deletions from existing law; Words in underscored type are additions.