HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-036This Ordinance was
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Temporary Ordinance No. 25
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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
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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
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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
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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
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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,.
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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
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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
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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
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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.
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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
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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
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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
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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.
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SECTION 4: This ordinance shall become effective
immediately upon its final passage.
PASSED FIRST READING this ce, day of ,
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PASSED SECOND READING this_a_t y of
PASSED THIRD READING this
_:jLLday of ,
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ATTEST:
CITY CLERK
HEREBY CERTIFY that I have
approved the form and correctness
of thls Ordi-nance
F r_ Y AT T
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Pf CQRD OE COUNCIL VOTE
Mayor Seltman
Vice Mayor Lange
Councilman Johnson
Councilman Shultz
Councilwoman Massaro
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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
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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.
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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"
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said television antenna system presently owned and operated by
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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
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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...
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