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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-036This Ordinance was introduced by _ Temporary Ordinance No. 25 r 0 CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE AMENDING CITY ORDINANCE NO. 13-69 AND CITY ORDINANCE NO. 20--69 REGARDING A NON- EXCLUSIVE FRANCHISE FOR A COMMUNITY ANTENNA TELEVISION SYSTEM GRANTED TO AMERICAN VIDEO OF TAMARAC, INC. TO OPERATE, CONSTRUCT AND MAINTAIN A CABLE TELEVISION TRANSMISSION SYSTEM IN THE CITY OF TAMARAC, FLORIDA; REPEALING ALL ORDI- NANCES IN CONFLICT; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac heretofore granted a non-- exclusive franchise to operate and maintain a.community an- tenna television system to University Video Corporation, the predecessor of the applicant, by Ordinance No. 13-69 as amended by Ordinance No. 20--69, and WHEREAS, Applicant has applied for anew or revised franchise, and public hearing has been advertised for and held pursuant to such notice, and WHEREAS, it is the desire of the City Council to amend such prior franchise in toto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of Tamarac, Florida: SECTION 1: That Ordinance No. 13--69 as amended by Ordinance No. 20-69 of the City of Tamarac be and the same is hereby amended by striking everything after the enacting clause and substituting therefor the following: "Section 1: FRANCHISE GRANT. That the granting of this franchise is contingent on the valid release of the deed restrictions in the form attached hereto and marked Exhibit "A", any attempt by the company, or its successors to enforce such deed restrictions shall be grounds for revocation of this franchise grant. In consideration of the faithful performance and observation of the conditions and reservations herein specified, and,in consideration of the Company's legal, character, financial, technical, and other qualifications, and the adequacy and feasi- bility of its construction arrangements, and further, in consideration of the payments of the amount provided herein, the right is hereby granted to AMERICAN VIDEO OF TAMARAC, INC. ("Company"), its successors, assigns or designees, to erect, maintain and operate a system of electronic transmission and distribution facilities and extensions thereto, in under, over, along, across and upon streets, lanes, avenues, sidewalks, alleys and other public places in the CITY OF TAMARAC, ("City")t and subsequent additions thereto, for the purpose of trans- mission and distribution of audio and visual impulses and radio and television energy as hereinafter defined and re- stricted, in accordance with the laws and regulations of the United States of America, the State of FloY-ida, and the ordinances and regulations of the City for the period provided for in this Ordinance. SECTION 2: DEFINITION. Whenever used in this Ordinance, the word "television" shall mean a system for the transmission of audio signals and visual images by means of electrical, impulses. SECTION 3: POLES AND APPURTENANCES.. To the extent possible, Company shall make attachments to poles already in existence with the City. To the ex- tent that existing poles are insufficient for its purposes, or if Company is unable to negotiate agree- ments satisfactory to it for use of existing poles, Company shall have the right to erect and maintain its C.� IWAI own poles, as necessary for the construction and maintenance of its distribution system with the approval of locating such poles by the City. A. The Company"s transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or inter - Pere with the laves of persons, or to interfere with new improvements the City may deem proper to make, or hinder unnecessarily or obstruct the free use of alleys, streets, bridges or other public property. Such in- stallations shall be made so as to preserve the best. passible esthetic standards in the community. B. it is the stated intention of City that all holders of public licenses and franchise within the corporate limits of City shall cooperate with Company wherever possible and wherever such usage does not interfere with the normal operation of said poles and pole lines, so that the number of new or additional poles con- structed by Company may be minimized. C. Company shall extend to City, free of expense, joint use of any and all poles owned by it for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of Company's own cables and fixtures. City shall hold Company harmless from any and all actions, causes of action or damages caused by the placement of City's wires or appurtenances upon the poles of Company. D. Company shall have the authority, subject to ,jurisdiction of the City, to trim trees over and overhanging all streets, alleys, easements, sidewalks and _3_ 11 il­ other public places within City so as to prevent the branches of such trees from coming into contact with the facilities of Company. E. The City reserves the right to require the Company to place the conductors underground and to designate the districts in which such work shall be performed, and also to order the removal or re- location of poles, wires and other appurtenances erected by Company whenever, in the judgment of the City, such action is in the public interest, and the Company shall forthwith comply with any and all instructions and directives in such matters and at its own expense. It is understood that unless written permission is granted by the City installation shall be underground. SECTION 4: STANDARDS AND REQUIREMENTS. Construction and maintenance of the transmission distribution system, including house connections, shall be in accordance with. the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Underwriters, and such applicable ordinances and regulations of the City affecting electrical installations which may be, from time to time, in effect. The system shall be adequately grounded according to best cable industry practices, A. Installation and housedrop hardware shall be uniform throughout the City, except that the Company shall be free to change its hardware and installation procedure as the state of the art progresses. B. In the maintenance and operation of the television transmission and distribution system, and in -4- 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 placement of adequate barriers, fences or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by warning lights. C. In case of any disturbance of pavement, sidewalk, driveway or other surface, Company shall., at its own expense and in a manner approved by City, remove, replace and restore all pavement, sidewalk, driveway or surface so disturbed in as good condition as before said work was commenced. D. In the event City shall elect to alter or change any street, alley, easement or public way requiring the relocation of the facilities of Company, the Company, upon reasonable notice by City, shall remove and relocate the same at its own expense. E. Company shall, when necessary, on the request of any person holding an appropriate permit issued by City, temporarily raise or lower its lines to permit the moving of any building or other structure.. The actual ex- peuse of such temporary removal shall be paid by the person requesting the same and Company shall have the right to require such payment in advance of such temporary removal. SECTION 5: SERVICE. Company shall maintain and operate its system and render efficient service in ac- cordance with the rules and regulations which are or may be x P -5- , set forth by City, or other regulatory agency having control of Company's operations. A. Whenever it is necessary to shut off or inter- rupt service for the purpose of making repairs, installa- tions or adjustments, Company shall do so at such times as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. B. The Company agrees and binds itself to extend its lines and to serve any and all applicants for tele- vision service whose dwellings. or places of business are located within the City and who in good faith have signified their willingness to subscribe for such television service. The installation of extensions will be at the expense of the Company, except where such extension or extensions would require unreasonable or uneconomical expert"ses by the Company, considering the potential service revenue to be derived therefrom. C. The Company.shall have the right to prescribe the reasonable service rules and regulations for the con- duct of its business, not inconsistent with the provision of this Ordinance. The Company shall have the responsi- bility of interpreting and administering such rules and regulations on a fair and equitable basis. D. The Company shall maintain its service in ac- cordance with such reasonable standards regarding uninformity of transmission, input RMS noise levels, and channel signal voltages as the City shall, from time to time, establish. For the purpose of implementing the terms of this section, the Company shall provide, without charge, adequate test equipment to perform periodic tests to determine whether such standards are being complied with. Such adequate test equipment shall be made available during the period of this franchise for use by qualified City inspection personnel. The Company shall cooperate with the City, or its qualified representatives, in conducting such tests. E. The Company's distribution system shall be operated with complete freedom from spurious radiation. That equipment, adequate to detect spurious radiation, shall be furnished by the Company at its expense and shall be made available for use by qualified City inspection personnel in administering these tests to the Company's distribution lines. F. The antenna, receiving equipment, and distribution system shall be installed and maintained so as to give a reasonable noise -free picture on each channel received. G. The installation and maintenance of equipment shall be such that no objectional intermodulation distortion will occur. H. Installation and maintenance of equipment shall be such that standard NTSC color signals shall be transmitted to any subscriber receiver without objectionable picture degradation. I. The Company shall provide one outlet of cable television service without installation or monthly service charge to all public, private and parochial schools, and,. -7- municipal buildings specified by the City, within the City passed by the cable system plant. J. The Company agrees to provide the City with as built" drawings certified by the Company Engineer. SECTION 6: CITY REGULATIONS. Company shall at all times during the term hereof be subject to all lawful exercise of the police power of City and to such reasonable regulations as City Shall thereafter by resolution or ordinance provide. SECTION 7: RATES. Company shall have the right to charge and collect compensation from all subscribers to whom it shall furnish service, except those subscribers granted free service. The amount of the Company's compensation shall be subject to applicable federal law and regulations as well as applicable state and local law and regulations. City shall, have jurisdiction and control overall rates and charges made by Company within the City. All rate schedules shall be submitted to the City Council and be approved before going into effect. Neither the initial rates and charges nor subsequent changes in rates and charges will be approved prior to a full_ public hearing held after due notice to the public. If it is de- termined that the Company is furnishing service, or offers to perform service to another area of the State of Florida at a lower rate, the franchise holder agrees to lower its rates in this franchise area to such lower rates. The Company shall not, as to rates, charges, services, facilities, rules, regulations or in any other respect, make or grant any preference or ad- vantage to any person, or subject any person to any prejudice or disadvantage; provided, however, that this provision shall 99 not be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification shall be entitled. Rates shall be the same for such classifications of customers as are served by the Company from identical facilities. Neither shall this section preclude special promotional rates and in- stallation charges made available from time to.time to induce new subscribers to the cable services. A. ORIGINAL SCHEDULE OF MAXIMUM RATES. The original maximum charge which may be levied by Company for installation of its services in a single-family dwelling is as follows; $14.95 for the first connection, and $9.95 per connection for each additional connection. The original maximum charge which may be levied by Company for the relocation of such connection is $14.95. The original maximum charge which may be levied by Company for disconnecting an installation for nonpayment is $9.95. The original maximum charge which may be levied by Company for reconnecting an installation after the same has been disconnected (whether as a result of request to disconnect by a customer or as a result of the Company's disconnecting as a result of nonpayment) is $5.00. The original maximum charge which may be levied by Company for transfer of the customer's connection to a different dwelling is $9.95. During original construction, any part or all of the con- nection charge may be waived. These original maximum charges shall remain in effect until modification by the City. The original monthly service charge which may be levied by Company for the use of its services shall be $4.70 for the first connection to a dwelling, plus $1.00 per month for additional connections. In reviewing applications for rate increases the Council may consider fluctuations in the cost of C3� W co living index. The Company is granted the privilege of ne- gotiations with the owners and/or operators of multiple family dwellings, commercial buildings, or rooms, hotels, motels, trailer courts, etc. for the p rpose of fixing installation charges and monthly service fees. The Company also is granted the privilege of making additional installation charges for extraordinary instal- lations, such as for underground services, excessive length services, inside wall installations, etc. B. SUBSCRIBER CONTRACTS. No contract as to the length of service for a regular monthly subscriber shall be required by the Company under ordinary circumstances. Company agrees that under ordinary circumstances it shall be the right of the subscriber to start or terminate his service on the cable according to his own wishes by making advance payments of approved rates to commence service, and by reasonable notice to the Company to terminate the service, It is hereby acknowledged however, that equipment installed by the Company in behalf of the subscriber shall remain the property of the Company, and shall be subject to reasonable inspection and service by the Company at reasonable hours and removal upon termination of the services In the event that any subscriber shall fail, to meet his obligations according to the approved rate schedule and to meet reasonable Company rules and regulations, Company shall have the right to withhold or deny service to such subscriber. Otherwise, the service rendered by the Company shall be available to all inhabitants of City along reasonable pole routes of Company.° SECTION 8: PROTECTION FROM LIABILITY. Before starting construction, the Company shall indemnify, protect and save tom: -10w harmless the City from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any Workmen's Compensation Law,'which may arise out of, or be caused by the erection, maintenance, presence, use or removal of said attachments on poles within the City, or by any act of the Company, its agents or employees. The Company shall carry insurance to protect the parties hereto, subscribers and the public from and against all claims, demands, actions, judgements, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damage to property or liability due to bodily injury or death of persons shall be not less than One Million ($1,000,000) Dollars. All .insurance thus re- - quired shall be and remain in full force and effect for the entire, life of this Ordinance. The policy or policies of insurance, or a certificate thereof, shall be deposited with and kept on file by the City Clerk. "The amounts of coverage provided for herein shall be increased to equal the amounts of coverage which may be required, from time to time by the City, of any public utility in the City." SECTION 9: LENGTH OF TERM. The rights granted hereunder shall be non --exclusive and shall take effect and be in full force and effect from May 20, 1969 and for a period of 20 years with an additional 10 years option granted to the Company. It being the determination of this City Council that the period of 20 years with a 10-year option is a reasonable period of time for the duration of a franchise of this type and nature requiring large capital investment by the Company in a physical plant and facilities to put into operation the system contemplated hereunder. a CID --11 �- L A. RENEWAL. Notice of intent to enter into renewal negotiations shall be given to the other party by either party at least ninety (90) days and not more than six (6) months prior to the expiration of this franchise. Company shall have priority over any others in negotiating a renewal: of this franchise. B. REOPENING. For emergency or hardship reasons, the Company may apply to the City for waiver of or relief from any provision with which, for a good cause shown, the Company is unable to comply. SECTION 10: COMMENCEMENT OF SERVICE. This Ordinance may be revoked and cancelled by the City if Company shall fail to accomplish significant construction within one (1) year after receiving its certification from the Federal Communications Commission, and further, this Ordinance may be revoked and cancelled by the City if the Company, after the first year, fails to equitably ,and reasonably extend its energized trunk cable to a substantial per- centage of its franchise area each year, and in particular, the franchise shall be revoked and cancelled if the Company. fails to extend its energized trunk cable to 20 per cent of the population of the City within the second year, and 100 per cent of the population within the third year. SECTION 11: CITY COMPENSATION. The Company will ` pay to the City an annual fee equal to 5/ of the gross revenue derived by the Company from its monthly CATV sub- scriber charge. A. In keeping with the above section dealing with City compensation, and as of the close of business at the end of each calendar year, the Company shall compile a -12- CA l slid C4 of rn VICr, report of the annual gross receipts from subscribers within the City, certified to by a certified public ac- countant. The report, together with the amount due the City, shall be delivered to the City Clerk within ninety (90) days following the close of such calendar year. SECTION 12: NO SALES OR REPAIRS. As a condition of this Ordinance, Company agrees that neither it nor its agents or subsidiaries will engage in the business of the sale, rental or repair of television or radio receivers to or for the public. Any service furnished by Company to the subscriber shall terminate at the point of connection of Company's facilities to the subscriber's receiver. SECTION 13: FORFEITURE. If Company shall violate any of the terms, conditions or provisions of this ordinance, or if Company.shal.l fail to comply with any reasonable provision of any. Ordinance of City, and should. Company continue to violate the same for a period of thirty (30) days after Company shall have been notified in writing by City to desist from such violation, the Company may, at City's option,,be deemed to have forfeited and annulled all the rights and privileges of this Ordinance. SECTION 14: A. The Company agrees to maintain a business office or agent for the purpose of receiving, investigating and resolving any and all complaints regard- ing the quality of service, equipment malfunctions, and similar matters, and said office shall be located within. the City of Tamarac, State of Florida. If a subscriber is unable to obtain relief after submitting his complaint to the Company's agent, he shall notify the City Department of -13- CP M C� C" carry GJ1 Public Works which will then conduct its own independent investigation and submit its written findings to the City Council with a copy to the Company. The Company will then be granted five (5) days to make its response to the department's findings after which time the City Council will consider the department's findings as well as the Company's response thereto and if the City Council finds the j complaint to be a justified one it shall take a ro riate P � PP P action to rectify the complaint, such action to consist of but not be limited to a fine up to the sum of Five Hundred ($500.00) Dollars. B. The Company shall, within sixty (60) days from the effective date of this Ordinance, furnish a bond in principal not less than $25,000. 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. The form of such bond and the sufficiency of the sureties shall be approved'in writing by the City Attorney. SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, word or sentence be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, other than the part declared to be invalid. -14- C,� C.P C) SECTION 4: This ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this ce, day of , 19 PASSED SECOND READING this_a_t y of PASSED THIRD READING this _:jLLday of , 19 ATTEST: CITY CLERK HEREBY CERTIFY that I have approved the form and correctness of thls Ordi-nance F r_ Y AT T -15- Pf CQRD OE COUNCIL VOTE Mayor Seltman Vice Mayor Lange Councilman Johnson Councilman Shultz Councilwoman Massaro T;4,3. F C f Fn1'"R r•rr 73- 77863 5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313 TELEPHONE (305) 73 1 -5900 13th April 1973. C E R T I F I C A T E. STATE OF FLORIDA COUNTY OF BROWARD w I HEREBY CERTIFY that the attached is a true and correct copy of Ordinance #73-36 (consisting of 15 pages) the original of which is on file in City Hall. Witness my hand and official seal of the City of Tamarac. Peggy M. Twichell City Clerk. 41^ AAFAL AMERICAN VIDEO CORPORATION • 6115 N. UNIVERSITY DRIVE• FORT LAUDERDALE, FLA. 33313• PHONE: 305-721-2600 March 23, 1973 City of Tamarac Tamarac, Florida Re: American Video of Tamarac Inc. Dear Sirs: You are hereby officially notified we accept and approve the Franchise Ordinance Amendment No. 73-36 dated February 7, 1973 amending Ordinance No. 13-69 regarding a non-exclu- sive franchise for a community antenna television system for the City of Tamarac, Florida. President American Video of Tamarac, Inc. "Let Us Entertain You" WAIVER OF DEED RESTRICTIONS AS TO COMMUNITY TELEVISION ANTENNA At a called meeting of the Board of Directors of American Video of Tamarac, Inc., a Florida corporation, formerly known as University Video, Inc., in the corporate offices located at 6115 North University Drive, on December S, 1972, at 10:00 A.M., the following Resolution was adopted; Be it resolved that: American Video of Tamarac, Inc, a Florida Corporation, does hereby release, relinquish, forego and waive any and all rights which it may have under Declarations of Re- strictions relating to the Mainlands of Tamarac Lakes -- Sections 10 through 17 inclusive and the Woodlands Sections, filed of record with the recorder of Broward County, Florida, under which said restrictions imposed the obligation of each individual lot owner to "Construct and use the necessary -connections to tie into the community television antenna system to be CP constructed upon the foregoing lands" C.7 said television antenna system presently owned and operated by CTr cc r� Y 1 American Video of Tamarac, Inc. By said action, American Video of Tamarac, Inc. hereby binds the assigns, successors or purchasers of said television system, the assets of said corporation or the stock of said corporation to the release and waiver to the rights under said Declarations of Restric— tions. The Declarations to which this release and waiver apply are specifically identified as follows: Reference to Recordation in Broward County Description Book Page Mainlands Section 10 4112 2 " 11 4294 937 " 12 4337 52 13 4346 958 " 14 " 15 16 If 17 Woodlands Section 1, Phase 1 Section 2, Phase 1 Woodlands, Third Section Woodlands, Section Four Five Six If ". Seven " Eight 4382 227 4346 980 4479 683 4614 929 3815 642 3859 312 3791 495 3791 490 3877 565 3877 592 3877 583 3877 574 Assistant Secretary AMERICAN VIDEO OF TAMARAC, INC. a Florida corporatio President Before me personally appeared Jan L. Brundage and Eldon Adamson, assistant secretary and president respectively of American Video of Tamarac, Inc., and severally acknowledged that the foregoing resolution was adopted by the Board of Directors of said corporation, that the seal affixed to this instrument is the corporate seal and that the adoption of said instrument was the free act and deed of said corporation. Witness my hand and seal, this 7th day of December, 1972.,1... Is '< +P�otary Public My commission expires: , Trc,RlnA3i LARCH 4� /r NOTARY Fi1F�ll(. STATE PA 1973 w' MY COMMiS (i4 EXPIRES AY "9, +a r�or r� Nc: AGENCSI 91COM:D IN THE OFFICIAL. [0,0130S BOOK ¢Hitt L:iO'i`ur"",i?D C(1t OY, ROORIA �D+ c:il: �!"r co�Y�Prizau�':t