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HomeMy WebLinkAboutO-1973-025 !Y ORDINANCE NO. 25 i AN ORDINANCE PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE FRANCHISE FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A DISTRIBUTION SYSTEM FOR TELEVISION, RADIO AND OTHER AUDIO- VISUAL SIGNALS THROUGHOUT THE CITY OF DANIA, WITH THE SAID { FRANCHISE DEING GRANTED TO FLORIDA GOLD COAST CABLE TV, INC.; DEFINING THE VARIOUS TERMS AND CONDITIONS REGARDING THE GRANTING OF SUCH FRANCHISE: PROVIDING THAT THE FRANCHISE GRANTED UNDER SAID ORDINANCE SHALL BE NON-EXCLUSIVE; PROVID- ING TERMS REGARDING THE RIGHT OF CITY OF DANIA TO TERMINATE THE FRANCHISE, OR PERMIT, AND ESTABLISHING BONDING AND IN- SURANCE REQUIREMENTS REGARDING THE FRANCHISE, OR PERMIT; 1 SPECIFICALLY CANCELLING, RESCINDING AND VOIDING ALL PREVIOUS t FRANCHISE RIGHTS, IF ANY, ON THE SAME SUBJECT WHICH MIGHT i HAVE PREVIOUSLY BEEN GRANTED TO BROWARD CABLEVISION INC.; RECITING VARIOUS PROVISIONS OF THE CITY CHARTER CONCERNING THE GRANTING OF FRANCHISES AND PROVIDING THAT THE FRANCHISEE, FLORIDA GOLD CCAST CABLE TV, INC., ACCEPTS THE FRANCHISE i GIVEN BY THE WITHIN ORDINANCE UNDER THE TERMS AND CONDITIONS I - STATED IN THE CITY CHARTER WITHOUT THERE BEING ANY REPRESEN- TATION ON THE PART OF THE CITY AS TO WHETHER SUCH CHARTER RE- QUIREMENTS APPLY TO A NON-EXCLUSIVE FRANCHISE, AND PROVIDING THAT, BY UNANIMOUS CONSENT OF ALL COM17ISSIONERS PRESENT, THE ORDINANCE HAS BEEN INTRODUCED, READ THE .FIRST TIME, READ BY TITLE ONLY THE SECOND AND THIRD TIMES, AND PASSED ON ALL THREE READINGS AT THE CITY COMMISSION MEETING OF THE CITY OF DANIA, FLORIDA, HELD ON MAY 7, 1973; AND REPEALING ALL ORDI- NANCES, OR PARTS OF ORDINANCES, IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania, Florida, is a municipal corporation, organized and existing pursuant to Chapter 25769, 1949 Special Acts of Florida, as amended; and - 1 WHEREAS, the said Chaper 25769, 1949 Special Acts of. Florida, and all subse- quent legislative acts amending the said Chaper 25769, 1949 Special Acts of Florida, are i collectively and commonly referred to as the "city charter"; and WHEREAS, the city charter, at Part XII., Miscellaneous Provisions, Article 2, Franchises, confers upon the city commission of the City of Dania, Florida, to grant franchises to any individual, company, firm or corporation, subject to the conditions, limitations and provisions contained therein; and WHEREAS, Florida Gold Coast Cable TV, Inc, is in the business of constructing, I operating and maintaing a community distribution system for television, radio and other { audio-visual signals; and iWHEREAS, Florida Gold Coast Cable TV, Inc. has made application to the City of Dania, Florida, for a non-exclusive franchise to construct, operate and maintain a com- munity transmitting and distribution system for television, radio and other audio-visual signals within the limits of the City of Dania, Florida; and WHEREAS, the purpose of a community reception system is to provide perfect re- ception of all area television stations, radio stations and other boardcasting stations without the necessity of individual reception antenna to receivers of those persons, I ifirms or corporations who wish to subscribe to the service; and WHEREAS, the benefits of such system will be furnished to those persons, firms and corporations within the City of Dania, Florida, who desire to purchase such service i at the rates which shall be subject to the approval of the city commission of the City of _1- 1 f i a Dania, Florida; and WHEREAS, notwithstanding the fact that the city commission of the City of Dania, J Florida, has not published notices of hearings and has not conducted public hearings after �] advised notice, the city commission of the City of Dania, Florida, is of the opinion that it has authority to grant the non-exclusive franchise which is the subject of this ordi- nance and has determined that it is for the best interests of the public to enact an 1 i ordinance granting a non-exclusive franchise for the construction, operation and main- ! tenance of a distribution system for television, radio and other audio-visual signals to j{J Florida Gold Coast Cable TV, Inc.; and i WHEREAS, the city commission is of the opinion that Broward Cablevision Inc. i { has forfeited any rights it may have received from the City of Dania, Florida, under the i terms and conditions of an earlier franchise agreement (which is set forth in ordinances on file at the City of Dania, Florida) ; and { j WHEREAS, as an incident of the enactment of the within ordinance, the city com- mission of the City of Dania, Florida, desires to cancel, rescind and void any earlier rights of Broward Cablevision Inc.; and WHEREAS, the city commission of the City of Dania, Florida, has affirmatively 1 iadvised Florida Gold Coast TV, Inc. of the aforesaid charter requirements and of the earlier franchise agreement with.Broward Cablevision Inc.; and i i WHEREAS, Florida Gold Coast Cable TV, Inc. is willing to accept the rights and f { privileges granted by the within ordinance, subject to the terms and conditions of said i charter requirements, and subject to any rights, if any, of Broward Cablevision Inc. , j j without recourse against the city commission of the City of Dania, Florida, , I F NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: { Section 1. The City of Dania, Florida, hereinafter referred to as the "city", hereby grants to Florida Gold Coast Cable TV, Inc., hereinafter referred to as the "grantee", and to its successors and assigns, the right and authority to install, maintain and operate a transmitting and distribution system for television, radio and other audio-visual elec- trical signal distribution in, over, on, and under the public street within the limits of the City, and to maintain and use the same for the purpose of constructing and operating a transmitting and distribution system for television, radio and other audio-visual signal I distribution systems for television, radio and other audio-visual signal distribution. Section 2. All poles, cables, wires, antennaes, conduits or appurtenances i shall be constructed and erected in a workmanlike manner. The city shall not be held liable for any disturbance of grantee' s installation, resulting from the altering, re- pairing or installation of streets or sewers or water installations. Grantee shall, at its own expense, move or relocate any of grantee's installations at the request of the -2- I ,` iJ ; whenever and wherever grantee's installations are found by the city to interfere with the city streets, grades, sewer or water installations, or any proposed changes thereof, or extensions thereto. Section 3. All the construction of the grantee, including installation, shall conform to the National Electric Safety Code, the statutes of the State of Florida, and all ordinances of the city. Grantee shall provide the city manager with a map desig- nating the location of cable television facilities and said map shall be avilable for public examination. I Section 4. Grantee shall lay all cables, wires and lines, both on the public i and private properties of the city, at its own expense, but grantee shall have the privi- lege of charging its customers both a connection fee to bring the service to their properties and a monthly fee for their continued use of the service. i I Section 5. During the term this ordinance remains in effect, grantee shall 1 post with the city a bond to be approved as to form by the city attorney in the sum of $5,000.00 conditioned upon the faithful performance of the conditions and terms of this permit and providing a recovery on the bond in case of failure to perform the terms and i conditions hereof. I 7i 9 Section 6. The grantee shall indemnify and save the city harmless from any .I and all liability, damage or expense from accident or damage, either to itself or to { persons or property of others, which may occur by reason of grantee's activities in the cable television business. For this prupose and prior to commencing construction of any � kind, the grantee shall have in full force and effect, and thereafter so maintain the same at all times, and file evidence thereof with the city clerk-auditor, a good and j sufficient policy of insurance with liability limits of Fifty Thousand Dollars ($50,000.00) J ®or property damage; One Hundred Thousand Dollars ($100,000.00) for personal injury to each person; and Three Hundred Thousand Dollars ($300,000.00) for each accident. The said I policy shall protect the city from and against any and all claims, actions, suits, lia- bility, expense or damage of any kind or description which may accrue to or be suffered y by the city or by anyone by reason of the construction, operation or maintenance of { grantee's facilities. i Section7. At all times, the city shall have the right to approve, in ad- vance, all rates and charges made by the grantee for cable television service furnished to subscribers within the corporate limits of the city. Before the commencement of fur- nishing of cable television service to subscribers within the city, the grantee shall furnish to the city its initial rate schedule and such rate schedule shall be approved by the city before any charges are made to subscribers. Thereafter, all changes in the rate i schedule shall be approved in advance by the city. Section 8. Grantee shall pay the city three percent (3%) of the subscribers' gross receipts received by grantee for cable television service provided to subscribers i I -3- j 1 i within the corporate limits of the city as now, or hereafter, constituted. Said payments i shall be made quarterly, on or before the first day of the first, fourth, seventh and tenth months of each year. This tax shall be credited against any business and occupa- tion tax or franchise tax or other city tax required to be paid by grantee. The legis- lative body of the city shall have the right to inspect the records of the grantee at any reasonable time for the purpose of ascertaining accurately what the actual gross receipts I of grantee may have been for cable television service for the past years and/or for the present year. j Section 9. The grantee agrees to maintain a maintenance service which shall S i promptly be available to subscribers upon telephone request. The grantee further agrees to employ at least one technician who will have a minimum of three (3) years experience i and capable to overseeing the construction of the system. i Section 10. The city reserves the right to see that the system of the grantee is constructed and maintained in a safe condition. If the city, at any time, finds that an unsafe condition does exist, it may order the grantee to make necessary repairs forth- with, and if the grantee shall fail to forthwith make the necessary repairs, the city may fmake them, or have them made, and collect all costs and expenses thereof from the grantee. d Section 11. Within a reasonable time after the adoption of this ordinance on a. the third and final reading, the city clerk-auditor shall furnish a certified copy of the i ordinance to the grantee by certified mail, return receipt requested. This ordinance j shall then become null and void unless the grantee shall, within thirty (30) days after 7 receipt of the certified copy from the city clerk-auditor, file with the city clerk- auditor of the city its written acceptance of all terms and conditions thereof. Within one hundred twenty (120) days of receipt of a Certificate of Compliance from the Federal i Communications Commission, grantee shall commence construction of a coaxial cable system. If said schedule is not met, the surety bond required by Section 5 hereof may be for- i j felted at the discretion of the city commission of the city and this franchise may be deemed forfeited by the city commission in its discretion. s i Section 12. The grantee, Florida Gold Coast Cable TV, inc., a Florida cor- poration, shall provide a free cable outlet to each primary and secondary school in the city. In addition, the studios will be made available to the public school system on a regularly scheduled basis for programs produced by school staff members and students. i Section 13. Grantee agrees to provide a free cable television outlet and free monthly service to each city office building, fire station and police station within the city. Section 14. Grantee agrees to provide an Emergency/Civil Defense Warning system whereby a telephone can be used to make voice announcements, simultaneously, over all televisions, music and radio channels on the cable system. I Section 15. The rights and privileges of the permit shall continue for a i -4- [ I I i i i 1 h , i period of fifteen (15) years from the effective date of this ordinance, and the grantee, at the termination of this period, or earlier if the facilities of the grantee cease to be used, or if this permit is forfeited by the city by reason of the failure of grantee to abide by the terms hereof, shall at its own expense remove all construction and in- stallation hereby authorized from the city streets, and shall place all portions that may have been disturbed in as good a condition for public use as the abutting portions thereof. Section 16. If any section, sentence or clause or phrase of this ordinance should be held to be invalid or illegal, the invalidity or illegality thereof shall not j affect the validity or legality of any other section, sentence, clause or phrase of this ordinance. �I i Section 17. In any of the foregoing sections where the schedules are stated, the schedules shall go into effect immediately upon the receipt of a Certificate of Com- pliance from the Federal Communications Commission. However, within thirty (30) days f from acceptance of this ordinance, the grantee shall make proper application to the i Federal Communications Commission for a Certificate of Compliance and shall further cer- tify to the city that such application has been made. If the said application is not made for a Certificate of Compliance within thirty (30) days after the acceptance of this ordinance all rights and privileges granted hereunder shall be null and void. { Section 18. The grantee has been affirmatively advised of the charter re- quirements of the City of Dania regarding the creating of franchises and shall accept the within ordinance subject to all terms and conditions of the city charter and without recourse against the city if any objections, claims or demands are made because the fran- chise was not granted after publishing notice and formal hearings. I Section 19. The city commission hereby forfeits, rescinds, terminates and ends all rights of 6roward Cablevision Inc. under any earlier ordinances on a similar subject. However, the grantee herein shall accept the rights and privileges granted � herein subject to any rights, if any, which may exist in favor of Droward Cablevision Inc. Section 20. That by nuanimous consent of all commissioners present, this ordinance has been introduced, read the first time, read by title only the second and third times and passed on all three readings at the meeting of the city commission at the City of Dania, Florida, held on May 7, 1973. i Section 21. That all ordinances or parts of ordinances in conflict here- with are hereby repealed to the extent of such conflict. i Section 22. That this ordinance shall become effective as of its passage and adoption. { PASSED and ADOPTED on First Reading on the 7th day of May, 1973. I i -5- i i I i i i PASSED and ADOPTED on Second Reading on the 7th day of May, 1973. PASSED and ADOPTED on Third Reading on the 7th day-or-May, 1973. I � 4 i Mayor-Commi ssioner Attest: City clerk.-Auditor i i I i +II 1 I i 1 1 i I I I i i i 1 I I i i I i i i I I ter....,._ __ _. ...,.-.._.._ _ .. .,...., .,....