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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1969-020a ORDINANCE N0. 20-69 AN ORDINANCE AMENDING ORDINANCE 13-69 REGARDING A NON- EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM GRANTED TO UNIVERSITY VIDEO CORPORATION; REGARDING b PROVISIONS FOR INSURANCE; GRANTING UNIVERSITY VIDEO CORPORATION PERMISSION TO EXTEND THE ORIGINALTWENTY YEAR GRANT FOR AN ADDITIONAL TEN YEAR PERIOD; REGARDING THE NUMBER OF CHANNELS ON THE DISTRIBUTION; REGARDING THE RENTAL AND LEASING OF TELEVISION RECEIVERS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND FOR OTHER PURPOSES. WHEREAS, on May 20, 1969, the City Council passed Ordinance 13-69, and, thereafter, on June 4, 1969, University Video Corp- oration, the franchisee in said Ordinance, requested certain changes thereto to which the Council agrees; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Sub -section 5(e) of Ordinance 13-69 is amended to read: SECTION 5: COMPANY LIABILITY AND INDEMNIFICATION. .....(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. Certificates of � all coverage required shall be promptly filed b the g q p p y Y Company with the City. SECTION 2: That Sub -section 12(a) of Ordinance 13-69, is amended to read as follows: SECTION 12: PROHIBITIONS. 40 (a) TELEVISION SALES AND SERVICE. The Company and its employees shall not engage in the sale and service of television receivers, within the City, provided, however, the Company shall not be precluded from renting or leasing such television receivers. . SECTION 3: That Section 22 of Ordinance 13-69 is amended to read as follows: 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 renewed by the Company for an additional ten (10) year period. SECTION 4: That Section 27 of Ordinance 13-69 is amended to read as follows: SECTION 27: NUMBER OF CHANNELS. The Company's cable distribution system shall be capable of carrying at least twenty-one (21) tele- vision channels. The Company shall initially carry Channels 2, 4, 51 6, 7, 101% 12, 2331 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 5: SEVERABILITY. Should any paragraph, section, sub -section, sentence, 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 6: ORDINANCES REPEALED All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 40 SECTION 7: 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 the Franchise granted by Ordinance 13-69, as amended by this Ordinance, and promise to comply with and abide by all of their terms, provisons and conditions, other- wise said Franchise Ordinance and this amendment thereto shall be I C] 0 null and void and of no further force and effect. Such accept- ance 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 8: 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 this 22nd day of August , 1969. PASSED SECOND READING this 22ndday of August PASSED THIRD READING this 22nd day of ATTEST: -city Clerk MAYOR 1969. August , 1969.