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HomeMy WebLinkAboutOrdinance_155_10/21/1969• ~ ORDINANCE N0. 155 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, GRANTING TO PALM BEACH CABLE TELEVISION COMPANY, A FLORIDA CORPORATION, A NON-EXCLUSIVE FRANCHISE TO USE THE PUBLIC STREETS, HIGHWAYS, ALLEYS AND EASEMENTS OF THE VILLAGE OF TEQUESTA, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAIN- TAINING AND OPERATING A COMMUNITY ANTENNA TELE- VISION SYSTEM THEREON AND THEREUNDER. BE IT ORDAINED BY THIS VILLAGE COUNCIL OF TEQUESTA, FLORIDA. Section 1. Grant. That permission be and the same is hereby granted to PALM BEACH CABLE TELEVISION COMPANY, a Florida corporation, its successors and assigns, to construct, maintain and operate lines of a community antenna television system, including the necessary poles, conduits, cables, fixtures and electrical conductors upon, along, under and over the public roads, streets, highways, easements and Swale areas of the Village of Tequesta, Florida, as its business may from time to time require, provided that all poles shall be neat and symmetrical. This franchise is granted within the Village limits of the Village of Tequesta. Section 2. Conditions for Construction. The work of erecting poles and constructing underground conduits under this ordinance shall be done subject to the supervision of the Village, and the Company shall replace or properly relay and repair any sidewalk or street that may be displaced by reason of such work, and shall restore any premises that may be disrupted by such work, in a condition equivalent to the original condition of the sidewalk, street, or premises or to a better condition, and upon failure of the Company to do so, after twenty days' notice in writing shall have been given by the Village to the Company, the Village may repair such portion of the sidewalk or street or premises that may have been disturbed by the Company, and collect the cost so incurred from the Company, plus reasonable administrative expenses incurred therein, if any. • Section 3. Fees to Vill - The Company shall pay to the Village annually a sum equal to six and one-half per cent (6-1/20) of its gross revenues throughout the term of this franchise. The term "gross revenues" as defined herein consists of the Company's receipts from its regular or annual charges for its regular community antenna television service to subscribers located within the corporate limits of the Village of Tequesta, but does not include the following: (i) Charges for installation, connection, transfer, alteration, moves and changes in its facilities. (ii) Such taxes, levies, impositions or fees which might be levied, imposed or otherwise placed against the Company's subscribers or the Company's service by federal, state or local law, rule or regulation. (iii) Sales, use and utility taxes and similar levies imposed by federal, state or local law and collected by the company for such governmental authority. There shall not be excepted from "gross revenues", however, occupational license, personal property, real property and income (including surtax) taxes payable by the Company on account of its income and properties. Section 3-a. Company shall commence to pay to the Village, in advance and beginning with acceptance of the franchise by the Company, a sum which would equal the Village fee as described in Section 3 above for fifteen per cent (150) of the number of homes existing within the Village limits at the time the franchise is granted. This payment shall be considered as a minimum fee and a part of the total of six and one-half per cent (6-1/2%) of the -2- • • Company's revenue for regular community antenna television service within the Village limits of Tequesta. For the purpose of determining such number of "homes" insofar as this clause is concerned, the number shall be set at 900. A home shall include each living unit in a cooperative or condominium complex. Section 3-b. Payment to the Village for each of the subsequent years that this Ordinance is in effect shall be made within sixty (60) days after the anniversary date of this franchise of that year, based on the gross revenues of the preceding fiscal year of the Company, as such term is defined in Section 3-a hereof. Section 4. Aid in Construction. The Company is hereby granted permission to attach, or otherwise affix, cables or wires to the pole facilities of any public utility company franchised within the Village of Tequesta, provided that said grantee, its successors, or assigns, secures the written permission and consent of the aforementioned public utility company concerned to affix the said cables and/or wires or other apparatus to their pole facilities, provided that a copy of this written permission or consent is first filed with the Village Clerk of Tequesta. Section 4-a. Underground Construction. Insofar as practical, cable construction would be underground. In instances in which such would be impractical in the original construction, Company would agree to change to underground construction at such future date when telephone or power utilities would be changing their facilities to similar underground construction. Sect-ion 5. Indemnity to Village. The Company shall indemnify the Village against, and assume all liabilities for, damages which may arise or accrue to the Village for any injury to persons or property from the doing of any work herein authorized -3- (including, but not limiting the generality hereof, the construction work described in Section 2 hereinabove), or the neglect of the Company or any of its employees to comply with any Ordinance regulating the use of the streets of the Village, and will provide adequate liability insurance to cover any such event, and the acceptance by the Company of this Ordinance shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury, including reasonable attorney's fees incurred by the Village in regard to any matters with relation to the carrying out the terms of this franchise. These damages or penalties shall include, but not limited to, all damages arising out of the installation, operation, or maintenance of the CATV System authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise; and shall also include any expenses incurred by the Village in defending itself in regard to any action mentioned herein. To support the above prescribed indemni- fication and assumption of liability, the Company, during the term of this franchise, will maintain in full force and effect at all times a policy of insurance with limits not less than $100,000 per person and $300,0,00 per occurrence for personal injury and property damage coverage. A certificate of such insurance will be provided the Village annually, showing coverage for the benefit of the Village as its interests may appear. Section 6. Contract Date. The Company shall file with the Village Manager of the Village its acceptance of this Ordinance within 60 days from the date of the final passage of this Ordinance, which shall be the date this franchise shall take effect. Section 7. Reservations by Village. Nothing in this Ordinance shall be construed as a surrender by the Village of its -4- C] right or power to pass Ordinances regulating the use of its streets, .highways, .alleys and easements. Section 8. Term. This Ordinance shall be in force and effect for a term of thirty (30) years from and after its acceptance as above provided for, .and the Village hereby reserves the right and requires the said Company, as a condition precedent to the taking effect of this grant, to give and grant to the Village of Tequesta, Florida, the right, in accordance with Section 167.22, Florida Statutes, at and after the expiration of such term, to purchase the community antenna television system plant or other property in said Village used under or in connection with this grant, or such part of such property as the municipality may desire to purchase whether within the Village or not, if it is an essential part necessary for the carrying on the business of cable television, at a valuation of the property, .real and personal, desired, which valuation shall be fixed by arbitration, as may be provided by law; and the. .acceptance of this Ordinance shall operate as a grant by the said Company to the Village of said right to purchase. Section 9. Limitation to Begin Service. This Ordinance shall become null and void in the event that the Company does not begin construction of its community antenna television system facilities within six (6) months from the date it has secured all of the necessary governmental permits and clearances (and in any event within nine (9) months from the date hereof) and does not make available the services outlined herein to at least fifty per cent (500) of the residents of the Village of Tequesta within a period of one (1) year from the date such permits are secured (and in any event within fifteen (15) months from the date hereof. Within two (2) years from the date such permits are secured (and in any event within twenty-seven (27) months from the date hereof), -5- • the services outlined herein will be available to one hundred per cent (100.%) of the residents of the Village of Tequesta. The Council may for good cause grant extensions of these periods. The. Company shall pursue diligently the obtaining of such permits. Section 10. Non-exclusiveness. Nothing contained in this Ordinance or in this non-exclusive franchise shall be construed to prohibit the granting of an additional or separate non-exclusive franchise for cable television facilities in the future, either to the Company herein or to any company, in the sole discretion of the Village of Tequesta. Any additional franchise right granted to Company under this clause shall be subject to a revision of the fees to be paid to the Village. Section 11. Fee Schedule for CATV Services. The Company may make charges for its services as are reasonable, provided the same have the prior approval of the Village Commission. Initially the monthly service charge for customers shall be as set forth in the schedule attached hereto and marked Exhibit "A"; provided, however, that Company may, .for good cause, shown and after thirty (30) days' written notice to the Village Council, apply to the Council for an increase in the foregoing rates, which may be granted by the Commission and which approval will not be un- reasonably withheld. Nothing contained in the foregoing rates or service charges shall be deemed to prohibit the Company to reduce rates on a non-discriminatory basis for multiple hookups for single family residences, .hotels, motels, and other multiple dwelling type units. The Company may not require a customer to continue to receive or to pay for the services of the Company any longer than the customer may desire; and upon notice of discontinuance by customer, Company shall remove its equipment therefrom. -6- • Section 11-a. Uniformity of Rates. The Company's system on which it proposes to service subscribers in Tequesta may also simultaneously serve such adjacent and neighboring areas and communities as Jupiter, Jupiter Inlet Colony, and certain unincorpo- rated areas of Palm Beach County. If the rates charged to residents of another municipality on the system are changed, the Company will so inform the Village Council of Tequesta and enter into discussions to determine the propriety of so adjusting the rates to subscribers in Tequesta; provided, however, no increase in rates to customers in Tequesta shall be made without the consent of the Village of Tequesta as aforesaid. Section 12. Color Television. The Company will provide for transmission of "Color TV" when technically feasible and shall produce a picture to its customers as good as the television industry is capable of producing. Section 13. Emergency. In the case of an emergency or disaster, Company shall, upon request of the Village Council, make available its facilities to the Village, through which all channels on the system may be simultaneously interrupted for announcements and information of a serious emergency nature. Section 14. Free Service. Company shall provide a free connection to each public and non-profit private school, public and non-profit private hospital and to each municipal, county or state governmental building in which a regular govern- mental function is performed, which is located on a street, road, highway or thoroughfare on which the Company's service shall then exist. Sect-ion 15. Public Service Channel. Company will provide a public service channel and the necessary facilities through which speeches, talks, .forums and other local programs could be telecast -7- • • on a closed circuit basis to homes subscribing to the system. Section 16. Quality. The system to be constructed will be a fully modern 12-channel system and will be constructed, operated and maintained in accordance with accepted standards of the current state of the industry's art and technology. Nothing herein shall limit or restrict the Company's freedom to increase the channel capacity of the system or to otherwise modernize its facilities with the developing technology of the industry or to increase or improve its service to its subscribers, providing such services are legal and within the bounds of responsi- bility and good taste. The Company shall produce a picture on typical standard production television sets in good repair, which picture shall be as good as the state of the art allows. Subject to government regulations, technical limitations and public demand within the Village of Tequesta, the Company will furnish as many channels as possible to residents of the Village of Tequesta. Section 17_. The Company agrees that the terms of this Ordinance shall be deemed to automatically apply to such additional areas as may be legally annexed to the corporate limits of the Village of Tequesta; providing, however, that any and all licensing rights over community antenna television systems held by a State, County or another Municipal governing body in the areas affected is first relinquished to the Village. Section 18. Police Power of Village. Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the Village. Section 19. Operation and Maintenance of Service. Company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. The Company shall provide an office in the vicinity, -8- • manned during all business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received. Section 20. Relocation of Facilities. If at any time during the period of this franchise the Village shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other public way, or do any work on any such right of way, which would require the relocation of facilities, the Company, upon reasonable notice by the Village, shall remove, relay or relocate its facilities, or any part of them, at its own expense. Section 21. Transfer of Franchise. The Company shall not sell, lease, assign or transfer this franchise, without the prior written approval of the Village which approval will not be unreasonably withheld, provided, however, that this franchise may be assigned by the Company as security for financing the project, upon notice of such intention given to the Village in writing. Section 22. Termination-Removal of Facilities. At the expiration of the term for which this franchise is granted, or upon termination or cancellation as provided for herein, the Village shall have the right to require Company to remove at its own expense all facilities of the Company from all public ways of the Village. Section 23. Default. If the Company shall violate any of the terms or provisions of this franchise, and should the Company continue to violate same for a period of thirty (30) days after the Company shall have been notified in writing by the Village to desist from such violation so specified, then the Village may terminate and cancel this franchise; provided, however, that the Village shall not cancel this franchise if the Company is without fault as to the violation; and further provided, that this -9- franchise may not be terminated and cancelled until after the Company first has been provided with adequate opportunity to be heard before the Village Council, and then only by ordiance duly adopted by the Village Council. It is further provided, however, that should the Company be adjudged a bankrupt then the Village, after sixty (60) days' written notice to the Company, may, if it so desires, .terminate and cancel this franchise. Section 24. Performance Bond. To secure the performance of and the compliance with all of the terms, covenants and conditions of this franchise on the part of the Company, the Company agrees to furnish the Village with a performance bond in the sum of $25,000.00 for the term of this franchise. Section 25. Right of Intervention. The Village shall have the right to intervene in any suit or proceeding to which the Company is a party, concerning or involving Company's and the Village's rights under this franchise. Section 26. Separability. If any section, subsection, sentence, .clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 27. Company agrees to furnish all F.M. reception facilities in its original installations to customers requesting CATV service. Section 28. Plans of Construction. Company shall file with Village Manager true and accurate maps or plats of all existing and proposed installations. -10- • Section 29. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED ON FIRST READING THIS .:~ ~t day of ,x.cl~~--~, 1969. PASSED AND ADOPTED ON SECOND READING THIS day of 1969. APPROVED: ;~ Mayor ATTEST: /~~~ Village Jerk -11- • • RAT is 5('I I1;11U LI; •1'YI'l OF S1iI:VICl3 1;. RI:SII)I:N'I'IAL .(San~;le Family) Installation, first 1'V liistal].atioli, Second Set (Free, if ordered with first installation) Reconnection charge Transfer Relocation of outlets 2. MIILTIPLE FAMILY (8 Units or Less) Iiistallatioli, first Unit Additional Units (Eased on 1000 of Units) 3. MIIL1'IPLE APARTi`IENT (Over 8 Units) Installation - First Units 100 of Additional Units 4. COtiTi~1ERCIAL UNITS Installation all Units _ ' Additional Units 1000 of Additional Units 5. HOTEL £; MOTEL INS'I'A),1.A'I'ION CIIARCL'• 1+1O;~"1'IILY SIi{ZVIC1i ('I1.~1R~;1 $4.95 $c,,~5 • 4.95 ]..25 4.95 ' 4.9s 4.95 4.95 4.95 4.95 2.50 Time $ Material 4.95 Time ~ Material 2.50 Time ~ Material 4.95 2.50 Installation all Units ~ Time ~ Material D~tonthl.y Service First Ilnit 4.95 Next 29 Units (up to 30) 1.50 Next 20 Units ~ 1.25 A1.1 Units` over 50 1.00 Q3ased on 100 0 of Units) ., G. FM SIiRVICl3 First FA1 Connection (Subscriber without TV connection) 4.95'" 4.95 First FM Connection (Subscriber ' with TV connection) 4.95:;= ?°~:~ •,:~ Additional FM Connections, each 4.95:;: 1.25 These charges apply only to normal CATV installations. Normal . installations are considered to be aerial entrance of cable to home and installation made on outside walls of home. Custom installations will be charged extra e.g., underground or excessive length services, inside wall installations, multiple outlets, etc.) -.-~ _ m No charge for installation of FIVI outlet if installed at time of TV installation and immediately adjacent to TV outlet. Charges listed are for normal connections, Custom installations will be subject to individual negotiation. ~!dditional charge for underground installation of drops will be made only where of excessive length or complicated by pavement, heavy plantings and other conditions requiring special treatment. All such charges to be resonable and subject to individual n~egoti_ation, EXHIBIT "A" a . ~.~' ,... x. ; -~~~" 4 R 3ill~`~! EXECUTIVE oFFtaE -01T-TIMti ^111LDt Nt 1731 SD. DIXI[ NIONM ~vi,~r~.~, a~.~~ )ecember 15, 19b9 n~u~~w.,-~ ----~ tubers of the Village Council lade of Tequesta, Florida This is to advise you that Palm Beach Cable Television Company accepts the priviledges and responsibilities set forth in your ordi- nance granting to it a franchise to construct and operate a community antenna television system within and throughout the Village of Tequesta. Attendant matters, such as the performance bond, and other prelim- inary requirements of the ordinance are being handled by our attorney, Harold G. Maass with your Village Attorney, William H. Lord for transmission to you in proper form. We are proceeding with legal and engineering work preparatory to the start of construction an d look forward to the inauguration of cable television service to the people of Tequesta as the beginning of a long any T,leasant association. urs truly, .LM BEACH CABLE TELEVISION COMPANY / ~,~ ornas S. Gilchrist, Jr.