HomeMy WebLinkAboutCity of Tamarac Ordinance O-1969-013ORDINANCE NO.
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
UNIVERSITY VIDEO CORPORATION, ITS SUCCESSORS AND
ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA
TELEVISION SYSTEM IN THE CITY OF TAMARAC, FLORIDA,
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
THE FRANCHISE; PROVIDING FOR CITY REGULATION AND USE
OF THE COMMUNITY ANTENNA SYSTEM; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF THE FRANCHISE PROVISIONS;
CONTAINING CERTAIN PROHIBITIONS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: SHORT TITLE. This Ordinance shall be known
and may be cited as the "Tamarac Community Antenna Television
Franchise Ordinance."
SECTION 2: DEFINITIONS. 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 signular number include the plural number. The word "shah."
is always mandatory and not merely directory.
(a) ."City" is the City of Tamarac, Florida.
(b) "Company" is University Video Corporation, a Florida
corporation authorized to do business in the State of
Florida and maintaining offices in Fort Lauderdale,
Florida, the grantee of rights under this Franchise
Ordinance.
(c) "Council" is the City Council of Tamarac, Florida.
(d) "Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind,
(e) "System" shall mean the lines, fixtures, equipment,
attachments, and all appurtenances thereto which are
used in the construction, operation and maintenance
of a community and television system for the
reception and distribution of television signals and
energy, frequency modulated radio signals and non-
commercial visual and aural signals which are not
otherwise herein prohibited.
(f) "Closed corporation" is any corporation which has
twenty (20) stockholders or less.
SECTION 3: GRANT OF NON-EXCLUSIVE AUTHORITY.
(a) There is hereby granted by the City to the
Company the right and privilege to construct,
erect, operate and maintain, in, upon, along,
across, above, over and under the streets, alleys,
easements, swale areas, public ways and public
places now laid out or dedicated, and all ex-
tensions thereof, and additions thereto, in the
City, poles, wires, cables, underground conduits,
manholes, and other television conductors and
fixtures necessary for the maintenance and
operation in the City of a CATV system for the
interception, sale and distribution of television
and radio signals; provided, however, Company
shall, in all areas of the City where utilities,
such as, without limitation, telephone, gas and
electric, are installed underground, shall also
install its CATV system underground.
(b) The right to use and occupy said streets, alleys,
easements, swale areas, public ways and places
for the purpose herein set forth shall not be
exclusive,and the City reserves the right to
grant a similar use of said streets, alleys,
easements, swale areas, public ways and places
to any person at any time during the period of
this franchise.
(c) The Company shall have the right to enter into
arrangements for the attachment onto and use of
facilities owned and operated by public utilities
operating within the City, whereby the Company
shall strictly comply with the terms, provisions
and restrictions of said agreements, and copies
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of all agreements made with such public
utilities operating within the City shall be
provided to the City upon request for the same.
(d) 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 otherwise herein or hereafter provided.
SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
The Company shall, at all times during the life of this
Franchise Ordinance, be subject to all lawful exercise of the
police power by the City and to such reasonable regulation as
the City shall hereafter by resolution or ordinance provide.
The construction, operation, and maintenance of the system by the
Company shall be in full compliance with the National Electric
Code in effect at time franchise is granted, and in full com-
pliance with all other Federal Communications Commission, the
City, the State of Florida, and the United States Government.
Copies of all petitions, applications and communications
submitted by Company to the Federal Communications Commission,
Securities and Exchange Commission or any other federal or state
regulatory commission or agency having jurisdiction in respect to
any matters affecting the CATV system operation authorized pursuant
to this franchise shall be provided to the City upon request for
the same.
Programs carried by the Company shall be carried in
their entirety as received, with announcements and advertisements
and without additions.
SECTION 5: COMPANY LIABILITY AND INDEMNIFICATION.
(a) 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 or
damage sustained by the City as a result of
granting this franchise, and the Company shall
save the City harmless from any and all liability
arising out of this franchise, the granting of
the same or the operation hereunder.
(b) The Company shall pay, and by its a.ccpptance of
this franchise, specifically agrees that it will
pay all expenses incurred by the City in defending
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itself with regard to the matter set forth in
subparagraph (a) above, including, without
limitation, all out-of-pocket expenses, and
reasonable attorneys' fees, whether the same be
incurred prior to litigation or during litigation
on either the trial or any appellate level
through which the litigation may proceed.
(c) The Company shall maintain, and by its acceptance
of this franchise specifically agrees that it
will maintain throughout the term of this
franchise, liability insurance insuring the City
and the Company in the minimum amounts of:
(1) $250,000.00 for bodily injury or death to
any one person, within the limit, however of
$500,000.00 for bodily injury or death resulting
from any one accident or occurrence;
(2) $100,000.00 for property damage resulting
from any one accident or occurrence;
(3) $500,000.00 for all other types of liability.
(4) The amounts or coverage provided for herein
shall be increased to egt.al the amounts of
coverage which may be required, from time to time,
by the City, of any public utility in the City.
(d) 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 em-
ployees as required by law.
(e) RESIDENT COMPANY AND AGENT. All insurance policies
and bonds as are required of the Company in this
Franchise Ordinance shall be written by a company
or companies authorized and qualified to do business
in the State of Florida and shall be serviced through
an insurance agent doing business within the City.
Certificates of all coverage required shall be
promptly filed by the Company with the City.
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SECTION 6: CONDITIONS ON STREET OCCUPANCY .AND SYSTEM
CONSTRUCTION.
(a) The Company's transmission and distribution system
poles, wires, and appurtenances shall be located,
erected and maintained so as not to endanger or
interfere with the lives of persons, or to inter-
fere with new improvements, the City may deem
proper to make, or to unnecessarily hinder or
obstruct the free use of the streets, alleys,
bridges, or other public property, removal of
Company property to avoid such interference will
be at the Company's expense.
(b) Construction and maintenance of the transmission
distribution system shall be in accordance with
good engineering practice, and at sufficient height
to comply with all existing Municipal regulations,
ordinances, and State laws so as not to unduly
interfere in any manner with the right of the public
or individual property owner, and shall not unduly
interfere with the travel and use of public places
by the public and during the construction, repair,
or removal thereof, shall not unreasonably obstruct
or impede traffic.
(c) In the maintenance and operation of its television
transmission and distribution system in the sheets
alleys, and other places used by the public, and in
the course of any new construction or addition to
its facilities, the Company shall proceed so as to
cause the least possible inconvenience to the
general public; any opening or obstruction in the
streets or other public places made by the Company
in the course of its operations shall be guarded
and protected at all times by the placement of
adequate barriers, fences, or boardings, the
bounds of which, during the periods of dusk and
darkness, shall be clearly designated by red warning
lights.
(d) That it is the stated intention of the City that
all other holders of public licenses and franchises
within the limits of the City, shall cooperate with
the Company to allow the Company's joint usage of
their poles and pole line facilities wherever
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possible, or wherever such usage does not interfere
with the normal operation of said poles and pole
lines so that a number of new or additional poles
constructed by the Company within the City limits
9 may be minimized. Such cooperation shall include
the rights for joint usage at reasonable rates and
on reasonable terms.
(e) The Company shall grant to the City, free of expense,
joint use of any and all poles owned by it for any
proper municipal purpose acceptable to the Company,
insofar as it may be done without unduly interfering
with the free use and employment of the Company's
own wires and fixtures, and the City shall hold the
Company harmless from any and all actions, causes
of actions, or damage caused by the placing of the
City's wires or appurtenances upon the poles of the
Company. Proper regard shall be given to all
existing safety rules governing construction and
maintenance in effect at the time of construction.
(f) The Company shall provide one outlet of cable
television service without installation or monthly
service charge to all public, private and
parochial schools, and municipal buildings speci-
fied by the City, within the City, passed by the
cable system plant.
SECTION 7: CONSTRUCTION APPROVAL BY CITY - CORRECTION OF
DEFECTS.
The City shall allow and permit the Company to erect any
pole, run any line, make any attachment, except in those areas
where deed restrictions require cable to be underground. The
approval shall be in the form of a permit issued by the City Clerk
upon approval of (a) layout maps of the system authorized by this
Franchise Ordinance showing plant routing,utility company poles,
and any other additional poles to which the television cable
system facilities are to be attached and location of all trunk and
distribution line amplifiers or (b) true copies of all attachments
requests and subsequent approvals made by the Company to Southern
Bell Telephone and Telegraph Company and Florida Power and Light
Company, if and when such requests become necessary. 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.
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The Company shall provide the City, at no cost to the City,
with a complete set of "as built" plans, showing all portions
of the CATV system forthwith upon the completion of any portion
thereof, a permit for the construction of which has been issued
by the City Clerk. In the event the Company should violate any
0 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 thirty (30) days written
notice to correct such violation, and in the event the Company
does not make such correction within thirty (30) days from the
receipt of such written notice, the City may make such correction
itself and charge the cost of same to the Company.
SECTION 8: PERFORMANCE REQUIREMENTS.
(a) The Company shall, in good faith, forthwith
proceed with the construction of the CATV system
authorized by this Ordinance within One Hundred
Eighty (180) days following the approval of this
Franchise Ordinance by the City, and the completion
of any necessary pole clearances, in areas where
the system is not to be constructed underground,
and the granting of any federal permits, if
applicable. The Company agrees that it will
faithfully and diligently pursue the acquisition
of all permits or approvals required in order to
commence construction within the time set forth
herein.
(b) The Company shall, within sixty (60) days from
the effective date of this Ordinance, furnish a
bond to the City in the amount of Twenty-five
Thousand ($25,000.00) Dollars, in such form and
with such sureties as shall be acceptable to the
City, guaranteeing the faithful performance of all
of the obligations of this Ordinance.
(c) The Company shall make quarterly project progress
reports to the City Clerk from the effective date
of this Ordinance through the date construction is
commenced, with the first such report to be made
three (3) months after this Ordinance takes effect.
Failure to make the reports required hereby, shall
be considered a default for which the guaranteed
bond shall be forfeited in total. It is understood
and agreed that, the bond provided for above shall
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also guarantee the payment of the franchise fee
otherwise provided herein to the City as well as
any other monies required to be paid by the
Company to the City for any reason whatsoever.
Said bond shall be maintained in full force and
effect, and evidence thereof shall be provided,
during the entire term of this franchise.
(d) Company shall not engage in, or use its facilities
for, the business of pay television, unless the
same is duly authorized by law and does not inter-
fere with or diminish any of the CATV services
which the Company is obligated to provide the
users of the system under this franchise.
(e) COLOR T.V. The facilities used by the Company
shall be capable of distributing color T.V. signals
and when the signals the Company distributes are
received in color, they shall be distributed in
color.
RFCTiON 9: RATES TO CUSTOMERS.
The Company's initial charge for installation of single
residence television cable connection shall not exceed Fourteen
Dollars and ninety-five cents ($14.95) and the service charge for
a single residential television cable connection shall be Four
Dollars and Ninety-five cents ($4.95) per month, except in those
areas governed by deed restrictions, in which cases the amounts
charged will be those specified in said restrictions. Any increase
in these rates would bear the Municipality's approval.
Installation may be disconnected by the Company if
subscriber attempts to run more than one set at any one time on
each installation for which no additional service fees are being
paid, or permits anyone else to do same; except that any television
serviceman may disconnect or reconnect the terminal unit on the
rear of the receiver for the purpose of repairing or replacing
receiver equipment at the request of the customer.
The service to be offered by the Company shall be on a
solely voluntary basis on the part of the subscriber in such
areas that have not been deed restricted. Any residence or
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commercial building passed by the cable system plant may subscribe
to the aforementioned service at will. The Company will not �.
require the customer to continue to receive service any longer
than the customer may desire, except in these areas where there
are deed restrictions in connection with community antenna
television system.
SECTION 10: PAYMENTS TO CITY BY COMPANY.
(a) The Company will pay to the City an annual fee
equal to ten percent (10%) of the gross revenues
received from all sources in areas where there
are no deed restrictions regarding use or non-
use of the CATV system and five percent (5%) of p
the gross revenues from all sources in areas
where deed restrictions contain provisions re-
garding the use or non use of the CATV system. All
payments required to be made by the Company to the
City shall be made semi-annually, on January 1,
or July 1, of each year in which revenues are
received, and shall be due within thirty (30) days
after the close of the preceding six (6) months
period.
SECTION 11: PAYMENTS TO CITY BY SUBSCRIBERS.
The City agrees to remit to the Company each month
any special assessments which it may collect from residents of
the City in deed restricted areas for use of the CATV system in
accordance with such deed restrictions, as and when the same are
assigned to and accepted by the City.
SECTION 12: PROHIBITIONS.
(a) Television Sales and Service - The Company and
its employees shall not engage in the sale,
service, rental or leasing of television receivers,
within the City.
(b) Music to Businesses - The Company shall not con-
tract for or otherwise attempt to sell a background -
music service, per se, to commercial establishments,
apart from that which is part of the community
antenna service authorized by this Ordinance.
(c) Interference with Existing TV Reception - .
Installation shall be maintained so as not to
interfere with TV reception already in existence.
SECTION 13: OPERATION AND MAINTENANCE OF SYSTEM.
(a) The Company shall render efficient service,
make repairs promptly, and interrupt service only
for good cause and for the shortest possible time.
Such interruptions, insofar as possible, shall
be preceded by notice and shall occur during
periods of minimum use of the system. The Company
shall operate the system so that there shall be no
interference with television reception, radio
reception, telephone communications or other in-
stallations which are now or may hereafter be
installed and in use by the City or any persons
in the City.
(b) The Company shall maintiin an office in the
City of Tamarac, Florida, which shall be open
during all usual business hours, have a listed
telephone, and be so operated that complaints or
requests for repairs or adjustments may be received
at any time.
SECTION 14: EMERGENCY USE OF FACILITIES.
In the case of any emergency or disaster, the Company
shall, upon request of the City, make available its facilities to
the City for emergency use during the emergency or disaster.
SECTION 15: REMOVAL OR RELOCATION OF FACILITIES.
If at any time during the period of this franchise
the City shall lawfully elect to alter or change the grade of
any street, easement and swale, sidewalk, alley or other public
way, the Company, upon reasonable notice by the City, shall remove,
relay and relocate its poles, wires, cables, underground conduits,
manholes and other fixtures at its own cost and expense. Any poles
or other fixtures placed in any public way by the Company shall be
placed in such manner as not to interfere with the usual travel
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or any utilities located in or on such public way. The Company
shall, on the request of any person holding a building moving
permit issued by the City, temporarily raise or lower its wires
to permit the moving of buildings. The expense of such temporary
removal or raising or lowering of wires shall be paid by the
person requesting the same and the Company shall have the authority
to require such payment in advance. The Company shall be given not
less than seventy-two (72) hours advance notice to arrange for
such temporary wire changes.
SECTION 16: PREFERENTIAL OR DISCRIMINATORY PRACTICES
PROHIBITED.
The Company shall not, as to rates, charges, service,
services facilities, rules, regulations, or in any other respect,
make or grant any undue preference or advantage to any person,
nor subject any person to any prejudice or disadvantage.
SECTION 17: TRANSFER PROHIBITED.
The Company shall not sell its plan or system or
portion thereof, nor any right, title or interest in the same,
nor shall the Company sell any rights under this Franchise
Ordinance to any other person without prior approval of the
City Council, which approval shall not be unreasonably withheld.
SECTION 18: CHANGE OF CONTROL OF COMPANY.
Prior approval by the City Council shall be required
where ownership or control of the Company is acquired by a
person or group of persons, acting in concert, none of whom already
own or controls the Company, singularly or collectively, except
that this Section shall not apply to any corporation other than a
closed corporation as defined herein. By its acceptance of this
Frachise, the Company specifically agrees that any such acquisition
occurring without prior approval of the City Council shall con-
stitute a violation of this Franchise by the Company and be grounds
for default.
SECTION 19: CITY RIGHTS IN FRANCHISE.
(a) The right is hereby reserved to the City or
the City Council to adopt, in addition to the
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provisions contained herein and in existing
applicable ordinances, such additional regulations
as it shall find necessary in the exercise of the
police power; provided that such regulations, by
ordinance or otherwise, shall not conflict with
the rights herein granted.
(b) The City shall have the right to inspect the
books, records, maps, plans and other like
materials of the Company related to its operations
in the City of Tamarac at any time during normal
business hours. All of the foregoing shall be
maintained at a location within the City of Tamarac.
(c) The City shall have the right, during the life of
this Franchise, to install and maintain free of
charge upon the polessof the Company any wire and
pole fixtures necessary for a police alarm system,
on the condition that such wire and pole fixtures
do not interfere with the CATV operations of the
Company.
(d) The City shall have the right to supervise all
construction or installation work performed subject
to the provisions of this franchise and make such
inspections as it shall find necessary to insure
compliance with the terms of this franchise and
other provisions of law.
(e) At the expiration of -the term for which t1.is
Franchise is granted, or upon its termination and
cancellation, as provided for herein, the City
shall have the right to require the gompany to
remove at its own expense all or any portion of
the CATV system from all public ways within the
City.
(f) At the expiration of the term for which this
Franchise is granted, or upon its termination and
cancellation, as provided for herein, the City shall
have the right as a condition precedent of the
taking effect of the grant, to require the Company
to give and grant to the municipality all property
used under or in connection with this Franchise or
such part of such property as the municipality
may desire to purchase in accordance with and
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pursuant to the terms of Florida Statutes 167.22.
(g) After the expiration of the term for which this
Franchise is granted, or after its termination and
cancellation, as provided for herein, the City
shall have the right to determine whether the
Company may continue to operate and maintain the
CATV system pending the decision of the City as
to the future maintenance and operation of such
system.
(h) The Company states that it is familiar with the
provisions of Sections 84, 85, 86, 87 and 88 of
the Charter of the City of Tamarac, Florida, which
is Chapter 63-1970, laws of Florida, special acts
of 1963, and all subsequent laws amendadory
thereof, or making additions thereto, and the same
are hereby incorporated herein as if set forth in
haec verba.
SECTION 20: REPORTS.
The Company shall file with the City Clerk, along with
its semi-annual payment of the Franchise fee, a certified statement
of the gross revenues from all sources for such period. If the
Company is a closed corporation, as herein defined, it shall keep
on file with the City Clerk a current list of its shareholders and
bondholders. The Franchise fee paid by the Company shall be in
addition to any other tax or payment owed by the Company to the
City.
SECTION 21: FORFEITURE OF FRANCHISE
Should the Company, its successors or assigns, violate
any of the provisions of this Franchise, any Ordinance or any
reasonable rules and regulations or other laws, Company shall fail
to promptly perform any of the provisions hereof,theeCompany shall
forfeit all of its rights hereunder to the City after written
notice to the Company and the continuation of such violation,
failure or default for a period of more than thirty (30) days.
In the event of the bankruptcy or receivership of the Company,
all rights herein given to the Company shall, at the option of
the City, be forfeited and terminated.
SECTION 22: DURATION OF FRANCHISE ORDINANCE.
This Franchise Ordinance shall remain in full force
and effect for a period of twenty (20) years, and may be
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renewed by the City for an additional ten (10) year period.
SECTION 23: CLUBHOUSE/RECREATIONAL OUTLETS.
Company agrees at its expense to install, provide and
maintain one outlet of the system to each clubhouse in each
recreation area in the City where more than forty (40%) percent
of the homes being serviced by such clubhouse are subscribers to
the system.
SECTION 24: RIGHT OF INSPECTION.
The City shall have the right to inspect the books,
records and documents of the Company at all reasonable hours,
so long as such inppection is accomplished in a manner so as
not to interfere with or interrupt the Company's operations.
SECTION 25: ACCEPTANCE OF FRANCHISE.
Within thirty (30) days after the effective date
of this Ordinance, the Company shall file with the City Clerk
its unconditional acceptance of this Franchise and promise to
comply with and abide by all of its terms, provisions and con-
ditions, otherwise this Franchise Ordinance shall be null and
void and of no further force and effect. Such acpeptance as
promise shall be in writing duly executed and sworn to by or
on behalf of the Company before a Notary Public or other officer
authorized by law to administer oaths.
SECTION 26: ERECTION, REMOVAL, AND COMMON USER OF POLES.
(a) No underground facilities, poles or other wire -
holding structures shall be erected by the Company
without prior approval of the City Clerk with
regard to location, height, type and any other
pertinent aspect. However, no location of any
underground facility, pole or wire -holding structure
of the Company shall be a vested interest and such
poles or structures shall be removed or modified
by the Company at its own expense whenever the
City Clerk determines that the public convenience
would be enhanced thereby.
(b) Where poles or other
already existing for
available for use by
make arrangements fo
wire -holding structures
use in serving the City are
the Company, but it does not
r such use, the City Council
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may require the Company to use such poles and
structures if it determines that the public
convenience would be enhanced thereby and the
terms of the use available to the Company are
just and reasonable.
(c) Where the City or a public utility serving the
City desires to make use of the poles or other
wire -holding structures of the Company, but
agreement therefor with the Company cannot be
reached, the City Council may require the Company
to permit such use for such consideration and upon
such terms as the Council shall determine to be
just and reasonable, if the Council determines that
the use would enhance the public convenience and
would not unduly interfere with the Company's
operations.
SECTION 27: NUMBER OF CHANNELS.
The Company's cable distribution system shall be
capable of carrying at least forty (40) television channels.
The Company shall carry Channels 2, 4, 5, 6, 7, 10, 12, 23,
51 and FM radio, and such other licensed VHF and UHF channels
which, in the future, place a grade B or better signal within
the community.
SECTION 28: ADDITIONAL REQUIREMENTS REGARDING RATES.
Anything herein to the contrary notwithstanding, any
rates contained herein may not be increased or decreased by the
Company without prior approval of the City Council. Any rates
for any service provided for by the Company to any subscriber not
set forth in this Ordinance must receive prior approval of the
Council before being charged to such subscriber.
SECTION 29: PUBLICATION COSTS.
The Company shall assume the costs of publication
of this Franchise and any Notice of Public Hearing thereon,
as the same is required by law, and such is payable upon the
Company's filing of acceptance of this Franchise.
SECTION 30: SEVERABILITY.
Should any paragraph, section, sub -section, sentence
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clause, phrase, word or portion of this Ordinance be held for
any reason to be invalid or unconstitutional by any Court of
competent jurisdiction, such invalidity or unconstitutionality
shall not affect the remainder hereof, as a whole, or any part
hereof, other than the part declared to be unconstitutional
and invalid.
SECTION 31: ORDINANCES REPEALED
All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 32: EFFECTIVE DATE.
This Ordinance shall be effective upon its passage
upon third reading by the City Council, subject'to acceptance
by the Company as otherwise provided herein.
PASSED FIRST READING thisday of �� 1969.
PASSED SECOND READING thisdt-/. day of , 1969.
PASSED THIRD READING this a%16C day of • , 1969.
MAYOR
ATTE ST :
City Clerk
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