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HomeMy WebLinkAboutOrdinance 65 Cable SystemORDINANCE NUMBER 65 CORRECT READING DATES ARE: FIRST READING: 10/11/71 SECOND READING: 11/08/71 THIRD READING: 11/08/71 ORDINANCE NO. 65 AN ORDINANCE GRANTING TO SEMINOLE CABLEVISION, INCORPORATED, a FLORIDA CORPORATION, A NON-EX- CLUSIVE FRANCHISE TO INSTALL, MAINTAIN AND OPERATE A CABLE SYSTEM FOR THE DISTRIBUTION OF TELEVISION SIGNALS, FREQUENCY MODULATED RADIO SIGNALS AND CLOSED CIRCUIT TELEVISION PROGRAMS FOR A TERM ENDING DECEMBER 31, 1981; PROVIDING CONDITIONS, LIMITATIONS AND REQUIREMENTS OF THE SYSTEM, STIPULATING PROTECTIVE AND INDEMNITY PROVISIONS; PROVIDING FOR THE PURCHASE OF THE SYSTEM BY THE VILLAGE OF NORTH ORLANDO; PRO- VIDING FOR CERTAIN PAYMENTS TO THE VILLAGE OF NORTH ORLANDO; PROVIDING FOR CHARGES AND THE REGULATION OF SERVICE AND RATES: PROVIDING FOR ACCEPTANCE BY GRANTEE; IMPOSING DUTIES ON GRANTEE AT THE EXPIRATION OF ITS FRANCHISE; PROHIBITING ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES; PRO- VIDING FOR EXTENSION OF FRANCHISE TO ANY NEWLY ANNEXED TERRITORIES; PROVIDING FOR THE SEPARA- BILITY OF THE PARTS HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA: Section 1. GRANT AND TERM The Village of North Orlando, Florida, herein called "Village", hereby grants to SEMINOLE CABLEVISION, INCORPORATED, a Florida corporation, herein called "Grantee", the right and privilege to install, maintain and operate within the rights-of way, except as hereinafter limited, of all public streets, park- ways, alleys and utility easement strips within the City, herein for convenience called "streets", its cables and other conductors, not including antennas, with the necessary appurtenances, herein called Grantee's "system", for distribution of television signals, frequency modulated radio signals and closed circuit television programs to grantee's subscribers, for the period of time begin- ning on the effective date of this ordinance and ending at midnight on December 31, 1981. Section 2. CONDITIONS, LIMITATIONS AND REQUIREMENTS. This grant is made upon the following conditions, limitations and requirements: a) All installations shall be done only in accordance with plans first submitted to and approved by the Village, and any repair works which requires the distrubance of the surface of any street or which will interfere with traffic, shall not be undertaken without prior permission and approval of the time and manner of doing the work, as required in all other cases. b) Grantee's system shall, to the extent it is feasible be installed above ground in areas where existing power and tele- phone facilities are above ground and underground in areas where such existing power and telephone facilities are installed under- ground. Grantee shall have the right to enter into agreements with any person, firm or corporation now or hereafter authorized by license, franchise or otherwise to erect and maintain overhead or underground wires and cables, for the purpose of sharing these facilities, it being the intent hereof that all above ground installations of Grantee's system shall be acoomplished on ex- isting utilities poles and easements where feasible. Grantee shall relocate any above ground portion of its system underground in any area where existing power and telephone facilities are here- after so relocated. Any such relocation shall be at Grantee's expense, and such relocation shall be accomplished concurrently with relocation of any such power and telephone facilities. c) The right to use the Village's streets herein granted is subject to the terms of all rights or franchises heretofore granted by the Village, and to the terms of all rights or franchises hereafter granted by the Village, to the Electric Utility Company or to a company primarily engaged in the renderin of telephone service. -2- d) All installations shall be done in a neat and workmanlike manner. All construction shall conform to the requirements of the National Electric Safety Code and any federal, state, or local statutes, regulations and ordinances governing the same or similar installations. e) Where in doing its work Grantee disturbs any pave- ment or other improvements, Grantee shall promptly repair and replace the same in a neat and workmanlike manner as nearly equal to its original condition as possible. f) Grantee's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices to protect all members of the public having occasion to use the portion of the streets involved or adjacent property. g) Grantee shall promptly and at its own expense relocate or modify any part of its system which the Village may request to accommodate improvements to such streets, toac- commodate Village sewer, water, electric, communications or other facilities occupying any part of the public streets and to accommodate the facilities of other public utilities as may be required by the Village, or other public authority having juris- diction. h) The Village shall have free use of any poles in Grantee's system to carry conductors for any Village-owned or Village-franchised electric or communication system. i) Grantee upon forty-eight (48) hours notice from the Village shall raise and remove any part or parts of its system necessary to permit the moving of buildings or structures authorized by the Village to be moved. -3- j) It is understood that there may from time to time be within the Village various streets as defined in Section 1 of this ordinance which the Village does not have the unqualified right to authorize Grantee to use, because of reservations in favor of the dedicators or because of other legal impediments; therefore, in making this grant, the Village does not warrant or represent as to any particular street or portion of a street that it has the right to authorize Grantee to install or maintain portions of its system therein, and in each case the burden and responsibility for making such determination in advance of the installation shall be upon Grantee. k) Grantee shall not engage, either directly or in- directly, in the sale, installation or repair of any radio or television equipment for any purchaser of its services, or for any other person, firm or corporation, within the Village. This limitation shall not prohibit Grantee from repairing or servicing its own system. 1) Grantee shall have the privilege of programming and broadcasting programs on closed circuit channels, and no signals shall be altered or modified by the Grantee in any respect except as may be required by a state or federal agency having jurisdiction over the Grantee's activities. m) If Grantee shall fail to make any repair, remove or relocate any part of its system, or otherwise perform its obligations hereunder, then the Village is hereby authorized to do the same at Grantee's expense, and Grantee shall reimburse the City for the cost thereof promptly upon receipt of an invoice. Section 3. PROTECTIVE AND INDEMNITY PROVISIONS. a) The Grantee shall indemnify and hold harmless the Village, its officers, agents and employees from all judgments, claims, liabilities, demands, interest, court costs and attorneys' fees to itself, or any third person, whether for bodily injury, death, property damage or otherwise in any way arising out of the operations of Grantee contemplated by this grant, or related work on Grantee's system whether directly authorized by this grant or not. b) The Grantee shall pay and by its acceptance of this franchise, the Grantee specifically agrees that it will pay all damages and penalties which the Village may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the ATV system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise. c) Grantee shall maintain, and by its acceptance of this franchise specifically agrees that it will maintain through- ut the terms of this franchise liability insurance insuring the illage and Grantee with regard to all damages mentioned in sub- aragraphs (a) and (b) above in the minimum amounts of: 1. $250,000.00 for bodily injury or death to anyone person, within the limit, how- ever, of $500,000.00 for bodily injury or death resulting from anyone accident. 2. $250,000.00 for property damage resulting for anyone accident. 3. $250,000.00 for all other types of liability. d) Grantee shall maintain, and by its acceptance of this franchise specifically agrees that it will maintain through- out the term of this franchise a faithful performance bond running to the Village with at least two good and sufficient sureties approved by the Village, in the penal sum of $10,000.00 conditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition of this franchise and that in case of any breach, the amount thereof shall be recoverable from the principal and sureties thereof by the Village for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform any provision of this franchise. e) The insurance policy and bond obtained by Grantee in compliance with this section have herewith been filed with and approved by the Village Council, and such insurance policy and bond, along with written evidence of payment of required prem- iums, shall be filed and maintained with the Village Clerk during the term of this franchise. Section 4. OPERATION AND MAINTENANCE OF SYSTEM. a) The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interuptions shall, insofar as possible, be preceded by notice to affected subscribers, and shall occur during periods of minimum use of the system. b) The Grantee shall at all times be solely responsi- bIe for complying fully with all applicable regulations from time to time established by the Federal Communicatias Commission and any other agency which now or hereafter has jurisdiction over the CATV activities of Grantee, including the Florida Public Service commission. c) The Grantee expressly undertakes and agrees that it will at all times during the term hereof transmit signals of strength and quality, and use such materials and components, as are necessary to insure that Grantee's subscribers will receive a quality of CATV service in keeping with the highest standards of the television industry. d) The Grantee shall at all times employ ordinary care, and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. e) Upon termination of service to any subscriber, Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. f) The Grantee shall not, as to rates, charges, service service facilities, rules, regulations, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage. Section 5. PUBLIC SERVICE INSTALLATION AND PROGRAMS. a) The Grantee shall provide its CATV service without installation or monthly service charge to any or all of the following buildings or facilities within the Village if requested to do so by the Village, and if Grantee's system has been ex- tended to within 100 yards of the site, measured by straight line: public, private, or parochial schools or colleges and municipal offices. b) In the case of any emergency or disaster, Grantee shall, upon request of the village Council, make available its 7. facilities to the Village for emergency use during the emergency or disaster period. Section 6. RESTRICTIONS ON ASSIGNMENT, SALE, AND SUB- LEASING. The rights and privileges hereby granted shall not be sold, assigned, transferred or sub-let in whole or in part, either directly or by operation of law, nor shall Grantee's system or any part of it be sold or transferred, rented or subleased, nor shall Grantee mortgage or encumber the rights and privileges herein granted, without the prior consent of the Village Council of the village, given by resolution; provided, however, that permission for assignments, mortgages or other liens upon this franchise or upon Grantee's system, shall not be unreasonably withheld in the event that any such assignment, lien, or en- cumbrance is made for the purpose of improving or expanding the existing network facilities. Prior approval of the village shall be required where ownership or control of more than thirty percent (30%) of the right of control of Grantee is acquired by a person or group of persons acting in concert, none of whom already own or control thirty percent (30%) or more of such right or control, singularly or collectively. By its acceptance of thi franchise, Grantee specifically agrees that any violation of this section shall constitute a material violation of this franchise by the Grantee. Section 7. PAYMENTS TO THE CITY. Grantee shall pay to the Village seven percent (7%) of its annual gross operating revenues received by it from the sale of its services within the Village. The Grantee shall furnish the Village a detailed statement of its gross operating revenues each year during the term hereof covering operations during the previous year. 8 Grantee agrees to advance to the Village Council the sum of $750.00 insured, which shall constitute the minimum pay- ment for the first year of the franchise. Grantee further agree to advance to the Village Council the sum of $1,250.00 insured, which shall constitute the minimum franchise payment for the second year of the franchise. Section 8. VILLAGE RIGHTS IN FRANCHISE. a) The right is hereby reserved to the Village to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. b) At the expiration of the term for which this franchise is granted, the Grantee shall have the option to extend this franchise for an additional 10 year period of time, if the Grantee has complied with all of the terms and conditions set forth herein; provided, however, the Village Council shall have the right to require Grantee to remove at its own expense all portions of the CATV system from all public ways within the Village of North Orlando, if said option is not exercised. c) The Village shall have the right at any time during the life of the franchise granted herein to acquire by purchase or condemnation for any public purpose all orpart of the propert of Grantee, placed under this grant within the Village's streets at a fair and just value, which shall not include any amount for the grant itself, or of any of the rights and privileges hereby granted, and this grant and franchise shall thereupon terminate as to the portion so acquired by the Village. d) The Village hereby reserves the right at and after the expiration of this franchise, and Grantee hereby grants the 9. illage the right, to purchase the property of Grantee used hereunder, as provided in Section 167.22 of the Florida Statutes. Section 9. MAPS AND REPORTS TO BE FILED BY GRANTEE. a) Grantee shall file with the Village Clerk true and accurate maps or plots of all existing and proposed instal- lations. b) Grantee shall file annually with the Village Clerk not later than sixty days after the end of Grantee's fiscal year, a copy of its report to its stockholders (if it prepares such a report), an income statement applicable to its operations during the preceding 12 months period, a balance sheet, and a statement of its properties devoted to CATV operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be pre- pared or approved by a certified public accountant and there shall be submitted along with them or such other reasonable information as the Village Council shall request with respect to Grantee's properties and expenses related to its CATV opera- tions within the Village. c) Grantee shall keep on file with the Village Clerk a current list of its shareholders and bondholders. Section 10. RATES TO BE CHARGED BY GRANTEE. a) The following rates and charges are hereby authorize for service under this franchise and shall not be changed by the Grantee without prior approval by the Village: RESIDENTIAL (1) FIRST OUTLET: Installation Monthly Service Charge $ 9.95 4.95 (2) ADDITIONAL OUTLET (each) Installation Charge Monthly Service Charge 10. COMMERC IAL (Including hotels, motels, bulk billings, apartments and all businesses) (3) INSTALLATION CHARGE Cost (time & materials) (4) MONTHLY SERVICE CHARGE-First Outlet $4.95 (5) ADDITIONAL OUTLETS (regardless of number) 1.00 (ea.) MISCELLANEOUS CHARGES (6) RECONNECT CHARGE 5.00 (7) RELOCATE CHARGE 5.00 (8) MOVING CHARGE (new location wired) 5.00 (9) MOVING CHARGE (new location not wired) 9.95 b) The Grantee shall receive no consideration whatso- ever for or in connection with its service to its subscribers other than in accordance with this section. Section 11. FORFEITURE OF FRANCHISE. a) In addition to all other rights and powers pertain- ing to the Village by virtue of this franchise or otherwise, the Village reserves the right to terminate and cancel this franchise and all rights and privileges of Grantee hereunder in the event that Grantee: (1) Violates any provision of this franchise or any rule, order, or determination of the Village made pursuant to this franchise, except where such violation, other than of sub-section (2) below, is without fault or through excusable neglect; 11. (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (3) Attempts to dispose of any of the facilities or property of its CATV business to prevent the Village from purchasing same, as provided for herein; (4) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the Village. b) Such termination and cancellation shall be by ordinance duly adopted after 90 days notice to Grantee, and shall in no way affect any of the Village's rights under this franchise or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the Village or its representative shall be con- elusive; provided, however, that before this franchise may be terminated and cancelled under this section, Grantee must be provided with an opportunity to be heard before the Village Council. Section 12. EXTENSION OF VILLAGE LIMITS. Upon the annexation of any territory to the Village, the right and franchise hereby granted shall extend to the territory so annexed; and all facilities owned, maintained or operated by Grantee, located within the territory so annexed, upon any of the streets, alleys, avenues or other public places situated in such annexed territory, shall thereafter be subject to all the terms hereof. Section 13. FRANCHISE NONEXCLUSIVE. This franchise shall be nonexclusive, and neither the granting of this franchise nor any of the provisions contained erein shall prevent the Village from granting any identical or 12. similar franchise to any person or corporation other than Grantee. Section 14. 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 inde- pendent provision; and such holding shall not affect the validity of the remaining portions hereof. Section 15. CONFLICTING ORDINANCES. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed; provided, however, that the Village shall not hereby be deemed to have surrendered any part of its control over the streets, nor shall any other franchise granted to any other person, firm or corpo- ration be deemed to be repealed in any respect herewith. Section 16. EFFECTIVE DATE. That this Ordinance shall take effect immediately upon its final passage and adoption. PASSED AND ADOPTED this 1st day of November, 1971. FIRST READING: October 11, 1971. SECOND READING: November 1, 1971 FINAL READING: November 1, 1971 Granville Brown MAYOR ATTEST: Mary T. Norton Village Clerk 13. TELEPHONE (305) 327-1800 December 9, 1981 Mr. Stephen T. McMahon, Regional Manager Central Florida Region American Television and Communications Corp. 3767 All American Blvd. Orlando, FL 32810. He: Franchise of Seminole Cablevision. Dear Mr. McMahon: We have received and acknowledged your letter of November 12, 1981. We understand this to be your exercise of option contained within Section 8B of Ordinance No. 65. of the Village of North Orlando, now the City of Winter Springs. We deem this letter effective to exercise the nonexclusive franchise granted Seminole Cablevision for an additional ten year period from January 1, 1982 to December 31, 1991, on the same terms and con- ditions set forth in Ordinance No. 65 as modified by Ordinance No. 172. Sincerely, CITY OF WINTER SPRINGS Richard Rozansky City Manager RR/jb. , , Cent Florida Region AMERICAN TELEVISION & COMMUNICATION CORPORATION 3767 ALL AMERICAN BOULEVARD. ORLANDO, FLORIDA 32810. 305.298.4610 November 12, 1981 The Honorable Troy Piliand Mayor of the City of Winter Springs 400 North Edgemun Avenue Winter Springs, Florida 32707 Dear Mayor Piland: As you know, ordinance number 65 of the Village of North Orlando granted to Seminole Cablevision a non-exclusive franchise to operate a cable television system within what is now the City of Winter Springs. Section 8b of that ordinance reads as follows: "At the expiration of the term for which this franchise is granted, the Grantee shall have the option to extend this franchise for an additional 10 year period of time, if the Grantee has compiled with all of the terms and conditions set forth herein; provided, however, the Village Council shall have the right to require Grantee to remove at its own expense all portions of the CATV system from all public ways within the Village of North Orlando; if said option is not exercised." Pursuant to section 8b, American Television and Communications Corporation, a wholly owned subsidiary of Time, Incorporated, the present franchisee by virture of ordinance #172 of the City of Winter Springs, wishes to. give formal notice that it exercises its option to extend the franchise for an additional ten year period. We want you, the members of the commission, and the residents of Winter Springs to know that we appreciate greatly the opportunity to serve in the City of Winter Springs and that we will do all that we can to continue the excellent working relationahip which has existed between us and representatives of the City. The Honorable Troy Piland November 12, 1981 Page Two In addition to this original, I am enclosing one copy of the original. I would appreciate it if you would see that both the original and the copy are executed with original signatures, that the original is recorded, and that the originally signed copy is returned to me. Again, we appreciate the opportunity to serve the residents of the City of Winter Springs. Sincerely, Stephen T. McMahon Regional Manager STM:rg cc: Richard Rozansky, City Manager Mary T. Norton, City Clerk . ' r :,~,~ ~y' I :j ,. 1. ~, .;. ORDINANCE NO.~ ~ j AN ORDINANCE GRANTING TO SEMINOLE CABLEVISION,' INCORPORATED, a FLORIDA CORPORATION, A NON-EX- CLUSIVE FRANCHISE TO INSTALL, MAINTAIN AND OPERATE A CABLE SYSTEM FOR THE DISTRIBUTION OF TELEVISION SIGNALS, FREQUENCY MODULATED RADIO SIGNALS AND CLOSED CIRCUIT TELEVISION PROGRAMS FOR A TERM ENDING DECEMBER 31, 1981; PROVIDING CONDITIONS, LIMITATIONS AND REQUIREMENTS OF THE SYSTEM, STIPULATING PROTECTIVE AND INDEMNITY PROVISIONS; PROVIDING FOR THE PURCHASE OF THE ' SYSTEM BY THE VILLAGE OF NORTH ORLANDO; PRO- VIDTNG FOR CERTAIN PAYMENTS TO THE VILLAGE r OF NORTH ORLANDO; PROVIDING FOR CHARGES A~TD ~, THE REGULATION OF SERVICE AND RATES : PROVIDING: ;E'OR ACCEPTANCE BY GRANTEE; IMPOSING DUTIES ON GRANTEE AT THE EXPIRATION OF ITS FRANCHISE; PROHIBITING ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES; PRO- VIDING FOR EXTENSION OF FRANCHISE TO ANY NEWLY ANNEXED TERRITORIES; PROVIDING FOR THE SEPARA- BILITY OF THE PARTS HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE +d VILLAGE OF NORTH ORLANDO, FLORIDA: Section 1. GRANT AND TERM The Village of North Orlando, Florida, herein called ~~ "Village", hereby grants to SEMINOLE CABLEVISION, INCORPORATED, a Florida corporation, herein called "Grantee", the right and privilege to install, maintain and operate within the rights-of way, except as hereinafter limited, of all public streets, park- ways, alleys and utility easement strips within the City, herein ~, for convenience called "streets", its cables and other conductors,, not including antennas, with the necessary appurtenances, herein ailed Grantee's "system", for distribution of television signals, 'frequency modulated radio signals and closed circuit television rograms to grantee's subscribers, for the period of time begin- ing on the effective date of this ordinance and ending at idnight on~December 31, 1981. ~~. • ~ . '4' ,r ~, ~~ a _~ Section 2. CONDITIONS, LIMITATIONS AND RDQUIREMENTS. This grant is made upon the following conditions, limitations and requirements: a) All installations shall be done only in accordance with plans first submitted to and approved by the Village, and any repair works which requires the distr~ubance of the surface of any street or which will interfere with traffic, shall not be undertaken without prior permission and approval of the time and manner of doing the work, as required in all other cases. ~ _ b) Grantee's system shall, to the extent~it is fe~.sibLe be installed above ground in areas where e~cisting'power and tele- phone facilities are above ground and underground in areas where such existing power and telephone facilities"are installed under- ground. Grantee shall have the right to enter into agreements ~oith any person, firm or corporation now or hereafter authorized by license, franchise or otherwise to erect and maintain overhead or underground wires and cables, for the purpose of sharing these facilities, it being the intent hereof that all above ground installations of Grantee's system shall be accomplished on ex- isting utilities poles and easements where feasible. Grantee shall relocate any above ground portion of its system underground in any area where existing power and telephone facilities are here- after so relocated. Any such relocation shall be at Grantee's expense, and such re location shall be accomplished concurrently with relocation of any such power and telephone facilities. c) The right to use the Village's streets herein granted is subject to the terms of all rights or franchises heretofore granted by the Village, and to the terms of all rights or franchises hereafter granted by the Village, to the Electric Utility Company or to a company primarily engaged in the renderin of telephone service. _2_ T .' y, ~ ~ II i d) All installations shall be done in a neat and workmanlike manner. All construction shall conform to the requirements of the National Electric Safety Code and any j federal, state, or local statutes, regulations and ordinances governing the same or similar installations. e) Where in doing its work Grantee disturbs any pave- ~ ment or other improvements, Grantee shall promptly repair and replace the same in a neat and workmanlike manner as nearly equal to its original condition as possible. ' f) Grantee's work,. while in progress, shalljjbe properly protected at all times with suitable barricades, flag, lights, 'flares, or other devi~es to protect all members of the public. ~. having occasion to use the portion of the streets involved or adjacent property. g) Grantee shall promptly and a,t its own expense relocate or modify any part of its system which the Village may request to accommodate improvements to such streets, toac - commodate Village sewer, water, electric, communications or other facilities occupying any part of the public streets and to accommodate the facilities of other public utilities as may be required by the Village, or other public authority having juris- diction. h) The Village shall have free use of any poles in Grantee's system to carry conductors for any Village=owned or Village-franchised electric or communication system. i) Grantee upon forty-eight (48) hours notice from the Village shall raise and remove any part or parts of its system necessary to permit the moving of buildings or structures authorized by the Village to be moved. z ~; ' 1 -3- • j) It is understood that there may from time to time • e within the Village various streets as defined in Section 1 =a f. this ordinance which the Village does not have the unqualified ~: _ fight to authorize Grantee to use, because of reservations in ~ .~ ~ favor of the dedicators or because of other legal impediments; '-'• therefore, in making this grant, the Village does not warrant :~~ °' r represent as to any particular street or portion of a street >; 4hat it has the right to authorize Grantee to install or maintain =' ortions of its system therein, and in each case the burden and esponsi'Aility for making such determination in advance of the • ; " installation shall be upon Grantee. ' • k) Grantee shall not engage, either directly or in- a irectly, in the sale, installation or repair of any radio or -~ • television equipment for any purchaser of its services, or for • ~• ny other person, firm or corporation, within the Village. This limitation shall not prohibit Grantee from repairing. or servicing • its own system. • • 1) Grantee shall have the privilege of programming nd broadcasting programs on closed circuit channels, and no ' • •. ~ ignals shall be altered or modified by the Grantee in any respect °••; ,.. except as•may be required by a state or federal agency having i ', ' 'urisdiction over the Grantee's activities. m) If Grantee shall fail to make any repair, remove r relocate any part of its system, or otherwise perform its bl.igations hereunder, then the•Village is hereby authorized to ' 'o the~same at Grantee's expense, and Grantee shall reimburse ~~he City for the cost thereof promptly upon receipt of an invoice., ~~ -~_ .. .. . ' ~, ~ i ;, .. ...~• '~ ... -, .~ , • -~~~• ~ ~ .. • Section 3. PROTECTIVE AND INDEMNITY PROVISIONS. •~~•a) The Grantee shall indemnify and hold harmless the Village, its officers, agents and employees from all judgments, claims, liabilities, demands, interest, court costs and attorneys' fees to itself, or any third person, whether for bodily injury, death, property damage or otherwise in any way arising out of the operations of Grantee contemplated by this grant, or related work on Grantee's system whether directly authorized by this grant or not. ` b) The Grantee shall pay and by its, acceptance of this _... ~ t. franchise, the Grantee specifically agrees that it will pay all '~ damages and penalties which the Village may legally be required to pay as a result of granting this franchise. These damages ...,, or penalties shall include, but shall not be limited to, damages • arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the ATV system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise.• • c) Grantee shall maintain, and by its acceptance of ..,;.. . this franchise specifically agrees that it will maintain through- •+ ut the terms of this franchise liability insurance insuring the • illage and Grantee with regard to all damages mentioned in sub- • i~ ~ aragraphs (a) and (b) above in the minimum amounts of: • • 1. $250,000.00 for bodily injury~or •~ death to any one person, within the limit, how- • ever, of $500,000.00 for bodily injury or death resulting fXOm any one accident. 2. $250,000.00 for property damage . resulting for any one accident. , ., . , { s .~: ~~ . w • liability, ; ' ~ ~ `" d) Grantee shall maintain, and by its acceptance of ~ this franchise specifically agrees that it will maintain through- out the term of this franchise a faithful performance bond running to the Village with at least two good and sufficient sureties approved by the Village, in the penal sum of $10,000.00 conditioned that Grantee shall well and truly observe, fulfill, '~ and perform each term and condition of this franchise and that in case of any breach, the amount thereof shall be recoverable from~the principal and sureties thereof by the Village for all . ~ ~ . damages proximately resulting from the~failur~ of Grante~ to'': well and faithfully observe and perform any provision of this franchise.. e) The insurance policy and bond obtained by Grantee in compliance with this section have herewith been filed with . ~ and approved by the Village Council, and such insurance policy • and bond, along with written evidence of payment of required prem- iums, shall be filed and maintained with the Village Clerk during the term of this franchise. ~• Section 4, OPERATION AND MAINTENANCE OF SYSTEM. h a) The Grantee shall render efficient service, make . . repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interuptions shall, insofar j ,' as possible, be preceded by notice to affected subscribers, and ~,: . shall occur during periods of minimum use of the system. ~' b) The. Grantee shall at all times be solely responsi- le for complying fully with all applicable regulations from time. o time established 'ray the Federal Communicati~s Commission and . ~, .. .; . ~ ! ~ . ".- ~ ~ ' .~ , , i i ~~ ~~ ,~ it ~ ~ i i,. li i ~ -' i . . ~ ,, i any other agency which now or hereafter has jurisdiction over the CATV activities of Grantee, including the Florida Public Service Commission. ~ , c) The Grantee expressly undertakes and agrees that it will at all times during the term hereof transmit signals of strength and quality, and use such materials and components, as are necessary to insure that Grantee's subscribers will receive a quality. of CATV service in Jceeping with the highest standards `~ of the television industry. ~ ~~ -~. I ~ '• ~ d) The Grantee shall at all times employ ordinary care, and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. ~ ~ e) Upon termination of service to any subscriber, Grantee'shall promptly remove all its facilities and equipment ~ from the premises of such subscriber upon his request. I' ,~ f) The Grantee shall not, as to rates, charges; service service facilities, rules, regulations, or in any other respect,, make or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage. Section 5. PUBLIC SERVICE INSTALLATION AND PROGRAMS. a) The Grantee shall provide its CATV service without installation or monthly service charge to any or all of the following buildings or facilities within the Village if requested to do so by the Village, and if Grantee's system has been~ex- tended to within lOG yards of the site, measured by straight line: public, private, or parochial schools or colleges and ' imunicipal offices. b) In the case of any emergency or disastex', Grantee shall, upon request of the Village Council, make available its . ; facilities to the Village for emergency use during the emergency or disaster period. Section 6. RESTRICTIONS ON ASSIGNMENT, SALE, AND SUB-. ~ LEASING . The rights and privileges hereby granted shall not be sold, assigned, transferred or sub-let in whole or in part, either directly or by operation of law, nor shall Grantee's system or any•~part of it be sold or transferred, rented or subleased, nor shall Grantee mortgage or encumber the rights and privileges herein granted, without the prior consent of the Village Council of the Village, given by resolution; provided, however, that permission for assignments, mortgages or other liens upon this franchise or upon Grantee's system, shall nat be unreasonably withheld in the event that any such assignment, lien, or en- cumbrance is made for the purpose o` improving or expanding the existing network facilities. Prior approval of the village shall be required where ownership or control of more than thirty I percent (30/) of the right of control of Grantee is acquired by. a person or groug of persons acting in concert, none of whom ~ already own or control thirty percent (30%) or more of such right) or control, singularly ox collectively. By its acceptance of thi franchise, Grantee specifically agrees that any violation of this section shall constitute a material violation of this franchise by the Grantee. Section ?. PAYMENTS TO THE CITY. Grantee shall pay to the Village seven percent (7/) of its annual gross operating revenues received by it from the sale of its services within the Village. The Grantee shall furnish • the Village a detailed statement of its gross operating revenues each year during the term hereof covering operations during the; previous year. • ~ ,• . ~ ,. .. -- ~ i .• ,. i '; __ _- .,~ ~ 4 ~ ~. i I ~ r ~' Grantee agrees to advance to the Village Council the sum of $750.00 insured, which shall constitute the minimum pay- ment for the first year of the franchise. Grantee further agree .to advance to the Village Council the sum, of $1,250,00 insured, which shall constitute the minimum franchise payment for the second year of the franchise. Section 8. VILLAGE RIGHTS IN FRANCHISE. a) The right is hereby reserved to the Village to adopt, in addition to the provisions con tained herein and in ...., existing applicable ordinances, such additional regulations as '"it~-shall' find necessary in the ex~rcise of the police power; .. E,_ _.i~ provided trat such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein ., granted.' b) At the expiration of the term for which this franchise is granted, the Grantee shall have the option to extend this franchise for an additional 10 year period of time, if the Grantee has complied with all of the terms and conditions set forth herein; provided, however, the Village Council shall have the right to require Grantee to remove at its awn expense all portions of the CATV system from all public ways within the Village of North Orlando, if said option is not exercised. c) The Village shall have the right at any time during the life of the franchise granted herein to acquire by purchase . or condemnation for any public purpose all orpart of the propert of Grantee, placed under this grant within the Village's streets at a fair and just value,. which shall not include any amount for the grant itself, or of any of the rights and privileges hereby . granted, and this grant and franchise shall thereupon terminate as to the portion so acquired by the Village. d) The Village hereby reserves the right at and after '~ ~ •~' the expiration of this franchise, and Grantee hereby grants th e t, ~ z ' ~ ~i~' pillage the right, to purchase the property of Grantee used Hereunder, as provided in Section 167.22 of the Florida Statutes. Section 9. MAPS AND REPORTS TO BE FILED BY GRANTEE. ' -a) Grantee shall file with the Village Clerk true ;nd accurate maps or plots of all existing and proposed instal- ations. b) Grantee shall file annually with the Village Clerk of later than sixty .days after the end of Grantee's fiscal year, copy of its report to-its stockholders (if it prepares such a eport), an income statement applicable to its operations during he preceding 12 months period, a balance sheet, and a statement f its properties devoted to CATV operations, by categories, _.,,, i iving its investment in such properties on~the basis of priginal ost, less applicable depreciation. These reports shall be pre- ared or approved by~a certified public accountant and there hall be submitted along with them or such other reasonable nformation as the village Council shall request with respect' o Grantee's properties and expenses related to its CATV opera- ions within the Village. c) Grantee shall keep on file with the Village Clerk current list of its shareholders and bondholders. Section 10. RATES TO BE CHARGED BY GRANTEE. a) The following rates and charges are hereby authorizac or service under this franchise and shall not be changed by the rantee without prior approval by the Village: RESIDENTIAL (1) FIRST OUTLET: _ Installation $g,gs Monthly Service Charge ~~' 4.95 (2) ADDITIONAL OUTLET (each) •:~ Installation Charge 4.75 Monthly Service Charge ~ 1.00 -10- r•- ' .~ ,~ ~' • ~ CONLtiIERC IAL • (Including hotels, motels, bulk billings, ,~ apartments and all businesses) (3} INSTALLATION CHARGE Cost (time & materials) (4) MONTHLY SERVICE CHARGE-First Outlet i~` $4.95 (5) ADDITIONAL OUTLETS (regardless of • number) _ •,, 7- 1.00 (ea. ) MISCELLANEOUS CHARGES - (6) RECONNECT CHARGE • ~' ~~O 5.00 -,... ~ (7) RELOCATE CHARGE -~ f ~~ = 5.00; 3 ~ (8) MOVING CHARGE (new location wired) .,; '= 5.00 . - • , (9) .MOVING CHARGE (new location not wired) ~ 9.95 ~~; ~ ~ • -..~ b) The Grantee shall receive no consideration whatso- ` ~ ever for. or in connection with its service to its subscribers , • other than in accordance with this section. • Section 11. FORFEITURE OF FRANCHISE. - a) In addition to all other rights and powers pertain- •, ing to the Village by virtue of this franchise or otherwise, the ~', •• ~~ Village reserves the right to terminate and cancel this franchise -• ~.. . and all rights and privileges of Grantee hereunder in the event ~! ~ that Grantee: (1). Violates any provision of this franchise or any - rule, order, or determination of the Village made pursuant to this franchise, except where such violation, other than of sub-section (2) below, is without fault•or through excusable neglect; _1~- •, - i • ,. . •~ .. ;, . • ~. ; ~ ••~ _ ,'..;, .~ •~ , +. .-.-,, •• 1 • ~' • /J l til' '~ ~ r `.. r. .' ~. +.~ ,~ , `, ie" .~, _ (2) Becomes insolvent, unable or unwilling to pay its debts, ar is adjudged a ban7crupt; ' (3) Attempts to dispose of any of the facilities or property of its CP.TV business to prevent the Village from ' purchasing same, as provided for herein; (4) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the Village. b) Such termination and cancellation shall be by ordinance duly adopted after 90 days notice to Grantee, and shall in no way affect any~of the Village's rights under this~~fr~nchise or any provision of law, In the event that such termina`ti~ and cancellation depends upon a finding of fact, such finding of fact as made by the Village or its representative shall be con- clusive; provided, however, that before this franchise may be terminated and cancelled under this section,~Grantee must be provided with an opportunity to be heard before the Village Council, ' Section 12. EXTENSION OF VILLAGE LIMITS. Upon the annexation of any territory to the Village, he right and franchise horeby granted shall extond to the erritory so annexed; and all facilities owned, maintained or Aerated by Grantee, located within the territory so annexed, Aon any of the streets, alleys, avenues or other public places ituated in such annexed territory, shall thereafter be subject ~ all the terms hereof. Section 13. FRANCHISE NONEXCLUSIVE. This franchise shall be nonexclusive, and neither the ranting of this franchise nor any of the provisions contained erein shall prevent the Village from granting any identical or -1.l~- . S 1. ~~ ~ ~', i ti' , ,~ ' ~ ~- __ . ;, ~,~,, ~. ..;. • I ~• similar franchise to any person or corporation other than 3rantee. • Section 14. SEPP.RABILITY. If any section, subsection, sentence, clause, phrase cr portion of this ordinance is for any reason held invalid ar unconstitutional by any court of competent jurisdiction,. such portion shall be deemed a separate, distinct and inde- pendent provision; and such .holding shall not affect the :, • validity of the remaining portions hereof. "' Section 15. CONFLICTING ORDINANCES. ' All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed; provided, however, that the Village shall not hereby be deemed to have surrendered any part of its control over the streets, nor shall any other franchise granted to any other person,•firm or corpo- ration be deemed to be repealed in any respect herewith. Section lb. EFFECTIVE DATE. That this Ordinance shall take effect immediately lupon its final passage and adoption. PASSED AND ADOPTED this ~.~ day of ~e'i^~---~ J 1971. FIRST READING: ~G9~.~.1 ~l l c ~?~ i SECOND READING• r-, FINAL READING: ~'~,~, ;•,~;.,~a:~ ~ T /~ ~/ • W t~ MAYOR • TTEST: C..~. G Village Clerk ,, .~