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HomeMy WebLinkAboutOrdinance_127_12/15/1966• • ORDINANCE N0. ~ 27 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA GRANTING TO BURNUP & SIMS, INC., A FLORIDA COR- PORATION, 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, MAINTAINING AND OPERATING A COMMUNITY ANTENNA TELEVISION SYSTEM THEREON AND THEREUPON; PROVIDING FOR THE PERIOD OF SAID PERMIT; PROVIDING FOR FEES, CHARGES AND LEVEL OF SERVICE THEREFOR; AND PRE- SCRIBING CONDITIONS AND PROVISIONS RELATING THERETO. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA; Section 1. That permission be and the same is hereby granted to BURNUP & SIMS, INC., hereinafter referred to as the "Company", its successors and assigns, to construct, maintain and operate lines of a community antenna television system, in- cluding 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. Section 2. The work of erecting poles and construct- ing 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 Mayor of 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. e. ~ • Section 3. The Company shall pay to the Village annually a sum equal to two per cent (2%) for the first Thirty Thousand ($30,000.00) Dollars; three per cent (3%) of the next Thirty Thousand ($30,000.00) Dollars; and four per cent (4%) of all over Sixty Thousand ($60,000.00) Dollars of the gross receipts of the Company from income derived from users of the community antenna television system in use within the corporate limits of the Village, excluding from gross receipts any income derived from installation charges by the Company for connecting its community antenna television system to the user. Payment to the Village for each of the years that this Ordinance is in effect shall be made on or before the first day of March of that year, based on the receipts of the preceding fiscal year of the Company, the first of such annual payments to be made on or before March 1st of the year after service to the Village residents and users begins, based on receipts for the preceding fiscal year of the Company. The Company shall permit the agents and officers of the Village to inspect its books and records at all reasonable times. Section 4. The Company is 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, and provided that a copy of this written permission or consent is first filed with the Village of Tequesta. Section 5. 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 - 2 - r~ •, • • from the doing of any work herein authorized, 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 the accept- ance 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. The Company agrees to maintain and keep in full force and effect at all times, during the term of this franchise, sufficient liability insurance coverage to protect the Village against any such claims, suits, judgments, executions or demands in a sum not less than One Hundred Thousand ($100,000.00) Dollars per person in any one claim; Three Hundred Thousand ($300,000.00) Dollars as to any one accident or occurrence and not less than Fifty Thousand ($50,000.00) Dollars for property damage as to any one accident or occurrence, or in such larger sums on all coverage as may be required of the Company by any other public utility in the Villages D wring construction of the system, the Company shall maintain property damage insur- ance of not less than Fifty Thousand ($50,000.00) Dollars as to any one accident or occurrence. Section 6. The Company shall file with the Village Clerk of .the Village its acceptance of this Ordinance within ninety days from the date when it shall take effect. Section 7. Nothing in this Ordinance shall be con- strued as a surrender by the Village of its right or power to pass Ordinances regulating the use of its streets, highways, alleys and easements. Section 8. This Ordinance shall be in force and effect for a term of twenty (20) years from and after its passage, and the Village hereby reserves the right and requires the said Company, as a condition precedent to the taking effect of this - 3 - 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 at a valuation of the property, real and personal, de- sired, 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. 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 months from date so as to provide the services outlined herein to the residents of the Village of Tequesta within a period of not less than one year from date. Section 10. Nothing contained in this Ordinance or in this nonexclusive franchise shall be construed to prohibit the granting of an additional or separate nonexclusive franchise for pay television facilities in the future, either to the Company herein or to any company, in the sole discretion of the Village of Tequesta. Section 11. Subject to the provision that all rates hereunder shall at all times be nondiscriminatory and such as to protect the Company and the public, the rates and charges to residential and commercial users of the community antenna system shall be those as heretofore filed by the Company with the Village Manager on a schedule duly executed by the officers of the Company, which shall be available for inspection by the public and the - 4 - <, h • residents of the Village of Tequesta. No change in rate shall become effective prior to approval by the Village Council at a regularly scheduled Council meeting and only after ninety (90) days' notice of public hearing. Section 12. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 13. This Ordinance shall take effect imme- diately upon passage and approval as provided by law. PASSED AND ADOPTED ON~~'.-~ READING, this ~~`~ y o~ ~~'-"~-~~ ~~-~~ A.D., 1966 __-~~. `~~ .. ~, ATTE STS, Villa ~-Clerk - 5 - A J N ' . • , A Village of Tequesta - 2 - December 21, 1966 Please return duplicate copy of this letter acknowledging receipt of our rate schedule. Yours very truly, BURNUP AND SIMS, INC. JHG/pf ~_. ,~f `~ ~ `rte ~ ~ ~-- J. H. Graham ~~ Executive Vice President Written acceptance of Article 11, of Ordinance No. 127, received at Village of Tequesta, Tequesta, Florida, this 27th day of December 1966. o~ ,~ RILi~SELL J. 84RNUP, Chairman of fhe Board • R1lEY V. SIMS, President JAMES H. GRAHAM, Exec. Vice President CHARLES J. BAUNIANN, Vice PresidenT THELMA `J. EATON, Secretary CARL J. BAUMANN, Treasurer MARY L. PIEPER, Asst. Secretary 1020 ELEVENTH STREET P. O. BOX 2431 December 21, 1966 Village of Tequesta Post Office Box 638 Jupiter, Florida Attention: Mr. Robert Harp Village Manager Gentlemen: COMMUNICATION CONDUIT BURIED 8 SUBMARINE CABLE GAS DISTRIBUTION SYSTEMS RAILROAD PIPE CROSSINGS CATV CONSTRUCTION 1 WEST PALM BEACM, FLA. 832-1607 832.1609 In accordance with Section 11, Village of Tequesta, Ordinance No. 127, adopted December 15, 1966, we submit the proposed rate schedule as follows: Installation Monthly Service Charge Charge 1. Residential (Single Family) $10.00 $ 5.00 Additional TV Cable Outlets 5.00 1.50 Relocation of outlet 5.00 Transfer to new address 5.00 2. Hotels and Motels i) Normal installation First TV Cable outlet 10.00 5.00 ii) If special equipment needed, time and materials. Additional TV Cable outlets i) If normal no addi- tional charge. ii) If special job, time and material Graduated scale depending on no. of outlets. Can go as low as $.65 if suvvicient outlets CONDUIT CONTRACTORS RU;.~ELL J. B~IRNUP, Chairman of the Board RIi~Y-V. SIMS, President JAMES H. GRAHAM, Exec. Vice President CHARLES J. BAUMANN, Vice President THELMA D. EATON, Secretary CARL J. BAUMANN, Treasurer MARY L. PIEPER, Asst. Secretary 1020 ELEVENTH STREET P. O. BOX 2431 `-~ U R I~U~P AND CONDUIT CONTRACTORS C ONSTANTLY ' M S B ETTER IN c. 5 ERVICE December 21, 1966 Village of Tequesta Post Office Box 638 Jupiter, Florida 33458 Attention: Mr. Robert Harp Village Manager Gentlemen: In accordance with Section 6, Village of Tequesta, Ordinance Nom. 127, adopted December 15, 1966, we are filing this written acceptance with you, accepting this ordinance on behalf of Burnup and Sims, Inc. Please return the duplicate copy of this letter acknowledging receipt of our acceptance. Yours very truly, JHG/pf BURNUP AND SIMS, INC. j~ %~' , .. ~ __ .. J. H. Graham Executive Vice President Written acceptance of Ordinance No. 127 received at Village of Tequesta, Tequesta, Florida, this 27th day of llecember 1966. } ~~ f COMMUNICATION CONDUIT BURIED S SUBMARINE CABLE GAS DISTRIBUTION SYSTEMS RAILROAD PIPE CROSSINGS CATV CONSTRUCTION W E S T P A L M B EACH , F L A. 832.1607 832-1609 • • RESOLUTION N0. 8-66 A RESOLUTION OF THE VILLAGE COUNCIL OF TEQUESTA, FLORIDA, PERMITTING BURNUP & SIMS, INC., FRANCHISE HOLDER FOR CABLE TELEVISION IN THE VILLAGE OF TEQUESTA, TO TRANSFER THE FRANCHISE TO PALM BEACH CABLE TELEVISION COMPANY, SUBJECT TO SAID BURNUP & SIMS, INC. BEING FULLY RESPONSIBLE FOR ALL FRANCHISE OBLIGATIONS SET FORTH IN SAID FRANCHISE. ~ ~ ~ ~ ~ * ~ ~ 7ti ~ ~ ~ BE IT RESOLVED BY THE VILLAGE COUNCIL OF TEQUESTA, FLORIDA: Section 1. The Village of Tequesta, Florida has no objection to the transfer of the cable television franchise set forth in Ordinance No. 127-1966 from Burnup & Sims, Inc. to Palm Beach Cable Television Company, a Florida corporation, who would be the new franchise holder; provided, however, that such transfer would in no way relieve Burnup & Sims, Inc. from being jointly and severally liable with Palm Beach Cable Tele- vision Company for the performance of all terms of the franchise as set forth in Ordinance No. 127-1966 to be performed by the franchise holder or grantee of the franchise. l PASSED AND ApOPTED THIS ~,' ~f DAY ~~ `` ~- ~- A.D. , 1967. ,~- ,, ~^~~ti.,~, •---,.._ _ :~ Mayor Village of Tequesta, Florida ATTES . ~~ f Vill ge Clerk