HomeMy WebLinkAbout1956 ORDINANCE NO. 1956
AN ORDINANCE AMENDING AND SUPERCEDING ORDINANCE
NOS. 998, 1328, AND 1510 GRANTING TO AMERICAN
TELEVISION & COMMUNICATIONS CORPORATION, DOING
BUSINESS AS CABLEVISION OF CENTRAL FLORIDA, A
NON-EXCLUSIVE FRANCHISE TO INSTALL, MAINTAIN AND
OPERATE A CABLE SYSTEM FOR THE DISTRIBUTION OF
TELEVISION SIGNALS, FREQUENCY MODULATED RADIO
SIGNALS AND CABLE/FIBER OPTIC RELATED SERVICES;
CLOSED CIRCUIT TELEVISION PROGRAMS FOR A
SPECIFIC TERM; SETTING FORTH FINDINGS ON MINIMUM
STANDARDS FOR THE AWARD OF THE FRANCHISE;
PROVIDING FOR CITY REGULATION OF ITS OPERATION,
PAYMENTS, SERVICE, CONSTRUCTION, MAINTENANCE,
PROHIBITIONS, PENALTIES; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
Section 1. SHORT TITLE
This Ordinance shall be known and may be cited as the
Sanford Community Antenna Television Franchise Ordinance and
shall amend and supercede Ordinance Nos. 998, 1328, and 1510 of
the City of Sanford, Florida.
Section 2. FINDINGS OF MINIMUM STANDARDS
In awarding this franchise the City Commission has
considered and made findings regarding relevant procedural and
substantive items, including but not limited to the following:
1. Indentifying the future cable-related community needs
and interest and finding the franchisee will meet same; and
2. Reviewing the performance of the cable operator under
the franchise during the current franchise term and finding the
franchisee has performed satisfactorily; and
3. Considering the economic impact upon private property
within the franchise area and finding the impact of awarding
the franchise will be positive; and
4. Considering the public need for such franchise, if
any; and finding the same exists and will be met by awarding
this franchise to the applicant; and
5. Considering the capacity of the Cities public rights-
of-way to accommodate the cable system; and finding said
capacity exists for the award of this franchise; and
60 Considering the present and future use of the Cities
public rights-of-way to be used by the cable system and finding
said use will not be detrimentally harmed by an award of this
franchise; and
7. Considering the potential disruption to existing
users of the public rights-of-way to be used by the cable
system and the resultant inconvenience which may occur to the
public; and finding said will not exist; and
8. Considering the financial ability of the franchise
applicant to perform; and finding same exists; and
9. Reviewing other societal interests as are generally
considered in cable television franchising and finding same
will be positively served by an award of this franchise.
Section 3. DEFINITIONS
For the purpose of this Ordinance, the following terms,
phrases, words, and derivations shall have the meaning given
herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural
number include the singular number, and words in the singular
number include the plural number.
(a) "City" is the City of Sanford, Florida.
(b) "Grantee" is American Television & Communications
Corporation doing business as CableVision of Central
Florida authorized to do business in the State of Florida
and maintaining an office in Sanford, Florida.
(c) "Commission" is the City Commission of Sanford,
Florida.
(d) "Person" is any person, firm, partnership,
association, corporation, company, or organization of any
kind.
(e) "System" shall mean the lines, fixtures, equipment,
attachments, and all appurtenances thereto which are used
in the construction, operation, and maintenance of the
community antenna television system frequency modulated
radio signals and cable/fiber optic related services.
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Section 4. GRANT OF AUTHORITY - NON EXCLUSIVE
(a) The City grants to the Grantee, the right and
privilege to install, maintain and operate within the rights-
of-way, except as hereinafter limited, of all public streets,
parkways, alleys and utility easement strips within the City,
herein for convenience called "streets", its cables and other
conductors, with the necessary appurtenances, herein called
Grantee's "system", for distribution of television and
communication signals, frequency modulated radio signals, fiber
optic services, and television programs to Grantee's
subscribers. The rights herein granted shall extend to any
area annexed to the City of Sanford.
The right to use and occupy said streets, alleys, public
ways and places for the purposes herein set forth, shall not be
exclusive, and the City reserves the right to grant the use of
streets, alleys, public ways and places to any person at any
time during the period of this Franchise Ordinance. The City
agrees that in awarding any additional rights to use the City's
streets, alleys, public ways and places to any other
communication or cable company, it may require said persons to
warrant there will be no danger to grantees system.
(b) If an application is filed for operation of more than
one cable system within the City of Sanford, the City may
employ consultants who are knowledgeable in the cable
television industry to assist the City in analyzing the
application, in analyzing, considering and making the issues
and findings contained in Section 2 herein, and in making
recommendations to the City Commission regarding the relief
requested in the application. The Applicant for the additional
franchise shall promptly pay the reasonable cost for such
consulting services prior to the processing of the application
by the City.
Section 5. COMPLIANCE WITH LAWS, REGULATIONS AND
ORDINANCES
The Grantee shall, at all times during the life of this
Franchise Ordinance, be subject to all lawful exercise of the
police power by the City and to such reasonable regulation as
the City shall hereafter by Resolution or Ordinance provide.
The construction, operation, and maintenance of the system by
the Grantee shall be in full compliance with the National
Electric Safety Code as from time to time amended and revised,
and in full compliance with all other applicable rules and
regulations now in effect or hereinafter adoptedby the Federal
Communications Commission, the City, the State of Florida, and
the United States Government.
Section 6. LIABILITY AND INDEMNIFICATION
(a) It is expressly understood and agreed upon, by and
between Grantee and City, the Grantee shall save City harmless
from all losses sustained by City on account of any suit,
judgement, execution, claim or demand whatsoever arising out of
the construction, operation, maintenance, or removal of the
system or any portion thereof by Grantee.
(b) Grantee shall maintain, and by its acceptance of this
franchise specifically agree that it will maintain throughout
the term of this franchise liability insurance insuring the
City and Grantee with regard to all damages mentioned in
subparagraph (a) above in the minimum amounts of:
1. $500,000.00 for bodily injury or death to any one
person, within the limit, however, of $1,000,000.00 for bodily
injury or death resulting from any one accident; and
2. $250,000.00 for property damage resulting for any
one accident.
(c) A certificate of insurance evidencing the insurance
policy obtained by Grantee in compliance with this section
shall be filed with and approved by the City Commission, and a
certificate of such insurance policy shall be filed and
maintained with the City Clerk during the term of this
franchise.
(d) The Grantee shall also maintain in full force and
effect throughout the duration of this Franchise Ordinance
sufficient workmen's compensation insurance coverage to
adequately and fully protect employees as required by law.
.,-~ ~-~
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(e) The Grantee shall post a performance bond running to
the City with good and sufficient surety in the amount of five-
million dollars conditioned upon the faithful performance and
discharge of the obligations imposed by the Franchise awarded
hereunder from the date thereof including, but not limited to,
faithful compliance with the construction timetable proposedby
the Grantee in its bid as incorporated into the franchise,
unless appropriate extension is approved by the City upon
authorization of the City Commission. The City's right to
recover under the bond shall be in addition to any other rights
retained by the City under this ordinance and other applicable
law, any proceeds recovered under the bond may be used to
reimburse the City for loss of expected payments of the
franchise fee and other valuable consideration given for the
grant of the franchise, and such additional expenses as may be
incurredby the city as a result of Grantee's failure to comply
with the obligations imposed by the franchise including, but
not limited to, attorney's fees and costs of any action or
proceeding, the cost of refranchising with another entity, and
the cost of removal or abandonment of any property, or other
costs which may be in default. Bond will be returned at such
time as the system has been completed and approved by the City
provided that the Grantee has met or exceeded the construction
required herein and has in good faith complied with the terms
and conditions of the ordinance as well as the rules and
regulations herein required and permitted. Said bond shall not
be required for this franchise to be awarded to the existing
franchise holder since the City acknowledges it has previously
released its bond from this franchisee because of franchisee's
record of satisfactory performance.
The bond and all insurance policies called for herein
shall be in a form satisfactory to the City Attorney and shall
require thirty (30) days written notice of any cancellation to
both the City and the Grantee. The Grantee shall, in the event
of any such cancellation notice, obtain, pay all premiums for,
and file with the City, written evidence of the issuance of
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replacement bond or policies within thirty (30) days following
receipt by the City or the Grantee of any notice of
cancellation.
(f) All insurance policies and bonds as are required of
the Grantee in this Franchise Ordinance shall be written by a
company or companies authorized and qualified to do business in
the State of Florida. Certificates of all coverage required
shall be promptly filed by the Grantee with the City.
(g) The insurance policy and bond obtained by the Grantee
in compliance with this section shall herewith be filed with
and approvedby the City Attorney and such insurance policy and
bond, along with written evidence of payment of required
premiums, shall be filed and maintained with the City Clerk
during the term of this franchise.
Section 7. CONSTRUCTION GUARANTEE
The franchisee shall commence installation, construction
and performance of its obligations hereunder within three (3)
months of the date of issuance of the franchise. Within four
(4) years from the date of issuance of this franchise, the
franchisee shall accomplish contiguous construction of a
minimum of 90% of the proposed CATV system within said service
area where the density is twenty (20) homes per cable mile.
Said construction shall be accomplished at the rate of 25% of
the franchise area per year each successive year from the date
of issuance of the franchise.
Failure to accomplish said construction of the proposed
CATV system within said service area within specified period
from the date of issuance of the franchise shall be cause for
forfeiture of the performance bond and may result in
cancellation of said franchise by the City Commission as
provided in this ordinance. Said action shall be taken only
after a public hearing is established by the Commission for the
purpose of allowing the franchisee to show cause why such
action should not be taken.
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Section 8. CONDITIONS ON STREET OCCUPANCY AND SYSTEM
CONSTRUCTION.
(a) USE. All transmission and distribution structures,
lines, and equipment erected by the Grantee within the City
shall be so located as to cause minimum interference with the
proper use of streets, alleys, and other public ways and places
and to cause minimum interference with the right or reasonable
convenience of property owners who adjoin any of said streets,
alleys, or other public way and places.
(b) RESTORATION. In case of any disturbance by Grantee
of pavement, sidewalks, driveways, or other surfacing, the
Grantee shall, at its own expense and in a reasonable manner
approved by the City, replace and restore such places so
disturbed in as good condition as before said work was
commenced, and shall maintain the restoration in a reasonable
condition approved by the City for the full period of one year
and if the Grantee fails to do so the City may undertake
restoration at the expense of said Grantee.
(c) RELOCATION. The Grantee shall promptly and at its
own expense relocate or modify any part of its system which the
City may reasonably request to accommodate improvements to such
streets, to accommodate City sewer, water, electric,
communications or other facilities occupying any part of the
public streets as may be required by the City, or other public
authority having jurisdiction.
(d) PLACEMENT OF FIXTURES. The Grantee shall not place
any fixtures or equipment where the same will interfere with
any gas, electric, telephone, or sewer and water lines,
fixtures, and equipment, and the locationby the Grantee of its
lines and equipment shall be in such manner as to not interfere
with the usual travel on said streets, alleys, and public ways
and the use of the same by gas, electric, telephone, and water
and sewer lines and equipment.
(e) TEMPORARY REMOVAL OF WIRES FOR BUILDING MOVING.
Grantee shall, on the request of any person holding a building
moving permit issued by City, temporarily raise or lower its
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wires to permit the moving of buildings or structures. The
expense of such .temporary removal or raising or lowering of
wires shall be paid to Grantee by the person requesting same,
and payment shall be paid in advance of Grantee raising or
lowering their wires. The Grantee shall be given not less than
five (5) business days advance notice to arrange for such
temporary wire changes.
(f) NO PROPERTY RIGHT. Nothing in this Franchise
Ordinance shall grant to the Grantee any right of property in
City-owned property, nor shall the City be compelled to
maintain any of its property any longer than, or in any fashion
other than in the City's judgement its own business or needs
may require.
(g) NON-LIABILITY OF CITY. The City shall not be liable
for any damage occurring to the property of the Grantee caused
by employees of the City in the performance of their duties,
nor shall the city be held liable for the interruption of
service by actions of City employees in the performance of
their duties, nor shall the City be held liable for the failure
of the Grantee to be able to perform normal services due to
acts of God.
(h) PERMITS, EASEMENTS, AND AGREEMENTS. The City shall
not be required to assume any responsibility for the securing
of any rights-or-way or easements, nor shall the City be
responsible for securing any permits or agreements with other
persons or utilities.
(i) UTILITY AGREEMENTS. Prior to construction hereunder
franchisee shall have appropriate pole attachment agreements
with all applicable telephone and electric utilities. Upon
request City shall have the right to review and inspect the
agreements.
Section 9. CITY INSPECTION, CORRECTION OF DEFECTS AND
CONSTRUCTION PROHIBITION.
(a) The City shall have and maintain the right to inspect
the construction, operation, and maintenance of the system by
the Grantee to insure the proper performance of the terms of
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this Franchise Ordinance. In the event the Grantee should
violate any of the terms of this Franchise Ordinance or any of
the rules and regulations as may be from time to time lawfully
adopted, the City shall immediately give to the Grantee thirty
(30) days written notice to correct such violation, and in the
event the Grantee does not make such correction within thirty
(30) days from the receipt of such written notice, the City may
make such correction itself and charge the cost of same to the
Grantee.
(b) No person, firm, company, corporation, or association
shall construct, install, maintain, or operate a cable
television system within the City on any public property of the
City, unless a franchise has first been obtained and unless
such franchise is in full force and effect. Such franchise
shall not take the place of any other license or permit which
may be legally required of the Grantee in order to conduct such
a business. Any person violating this section shall be liable
for a fine not to exceed $25,000.00 per violation or any other
penalty provided by law.
Section 10. MINIMUM STANDARD CHANNELS REQUIRED.
Grantee shall make available and be capable of initially
transmitting at least thirty-six (36) channels for delivery to
Subscribers upon commencement of operation. During the term of
its Franchise, Grantee shall continuously carry the signals of
all local broadcast stations now or hereafter required by the
FCC to serve the City (except low power television stations as
defined in FCC Rules, which may be carried at Grantee's
option). Nothing referred to in this section shall be
construed to require a Grantee to carry, at no charge, a signal
for a television station which receives renumeration from or on
behalf of the recipient of the signal (including signals now
known as "Teletext" or "Extravision" or other similar programs)
for which a charge is made by the television station.
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Section 11. PROHIBITION FROM ENGAGING IN RADIO AND
TELEVISION SALES, SERVICE AND REPAIR.
(a) The Grantee, any and all of its officers, agents, and
employees, are specifically prohibited from engaging in the
sale, service, rental, or leasing of television receivers,
radio receivers, or television or radio receiver related parts
and accessories with any person, anywhere in the City whether
for a fee or charge or not. The Grantee shall prohibit any of
its officers, agents, and employees from violating the terms of
this section at all times, whether in the performance of duties
of the Grantee or otherwise.
(b) The Grantee, any and all of its officers, agents, and
employees shall not indicate and shall not recommend, in any
manner, a specific sale or service establishment or individual
be used for the sale or service of any television set.
Section 12. SERVICE STANDARDS.
(a) The Grantee shall maintain and operate the system and
render efficient service in accordance with the rules and
regulations as are or may be set forth by the Commission,
provided, however, the Grantee shall install and operate the
system so that there will be no interference with television
reception, radio reception, telephone communications or other
installations which are now or may hereafter be installed and
in use by the City or any persons in the City.
(b) The Grantee shall carry all signals of every
television station in accordance with applicable Federal
Communications signal carriage rules presently in effect and as
may be amended by the Federal Communications Commission.
(c) The Community Antenna Television System shall be
maintained at all times in conformity with Federal
Communications Commission rules and regulations presently in
effect and as may be amended from time to time.
(d) The Grantee shall render efficient service, make
repairs promptly, and interrupt service only for good cause and
for the shortest time possible. Such interruptions shall,
insofar as possible, be preceded by notice to affected
subscribers, and shall occur during periods of minimum use of
the system.
(e) The Grantee shall be responsible for the installation
and maintenance of the service wiring from the cable point of
entrance to the TV set.
(f) Upon termination of service to any subscriber, the
Grantee shall promptly remove all its facilities and equipment
from the premises of such subscriber upon his request.
Section 13. GRANTEE RULES/RIGHTS
(a) The Grantee shall have the authority to promulgate
such rules, regulations, terms, and conditions governing the
conduct of its business as shall be reasonably necessary to
enable the Grantee to exercise its rights and the perform its
obligations under this Franchise Ordinance and to assure an
uninterrupted service to each and all its customers. City
retains all rights it currently has under federal and state
laws.
(b) The right is hereby reserved to the City 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 its police power; provided
that such regulations, by ordinance or otherwise, shall be
reasonable and not in conflict with the rights herein granted.
(c) City agrees to provide franchisee an opportunity to
be heard and thirty (30) days notice prior to the adoption of
any proposed promulgation of a rule, regulation, term or
condition hereunder.
Section 14. LOCAL OFFICE
The Grantee shall, throughout the duration of this
Franchise Ordinance, maintain an office in the City of Sanford.
This office shall be open to the public during all reasonable
business hours. Service, installation, and maintenance
capability shall be available through the Sanford office.
Section 15. FRANCHISE FEE
Grantee shall pay to the City a Franchise Fee not to
exceed five percent (5%), of a Grantee's gross subscriber
receipts derived from the operation of the Grantee's Cable
System in the franchise area during each twelve (12) month
period commencing on the first of the month after the date the
Franchise is granted or transferred. The payment shall be
due within sixty (60) days following the annual anniversary
date. All payments due hereunder shall be paid by the Company
to the City of Sanford and shall be sent to the Director of
Finance, City Hall, Sanford, Florida.
Section 16. MAPS AND REPORTS TO BE FILED BY THE GRANTEE
The Grantee shall file with the City Manager true and
accurate maps or plats of all existing and proposed plant
construction.
Section 17. TRANSFER PROHIBITED.
The Grantee shall not sell or transfer its plant or system
or any portion thereof, nor any right, title or interest in the
same, nor shall the Grantee transfer any right under this
Franchise Ordinance to any other person without prior approval
of the Commission which approval shall not be unreasonable
withheld. The Franchise, however, shall not be assigned or
otherwise transferred for a period of four (4) years from the
date of execution of this agreement.
Section 18. DURATION OF FRANCHISE ORDINANCE.
This Franchise Ordinance shall remain in full force and
effect for a period of ten (10) years and shall be subject to
renewal by the City by negotiations upon reasonable terms with
the Grantee for two additional ten (10) year periods.
Section 19. PENALTIES.
Should the Grantee,
(a) In addition to all rights and powers pertaining to the
City by virtue of this franchise or otherwise, the City
reserves the right to terminate and cancel this franchise and
all rights and privileges of the Grantee hereunder in the event
that the Grantee:
(1) Violates any provision of this franchise or any
rule, order, or determination of the City made pursuant to this
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franchise, except where such violation, other than of
subsection (2) below, is without fault or through excusable
neglect;
(2) Becomes insolvent, unable or unwilling to pay
its debts, or is adjudged a bankrupt;
(3) Attempt to evade any of the provisions of this
franchise or practices any fraud or deceit upon the City.
(b) Such termination and cancellation shall be by
ordinance duly adopted after sixty (60) days notice to the
Grantee, and shall in no way affect any of the City'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 City or its
representative shall be conclusive; provided, however, that
before this franchise may be terminated and cancelled under
this section, the Grantee must be provided with an opportunity
to be heard before the City Commission.
Section 20. SEVERABILITY.
In the event any section or part of this Franchise
Ordinance shall be held invalid, such invalidity shall not
affect the remaining sections or portions of the Franchise
Ordinance.
Section 21. REPEAL CONFLICTING ORDINANCES
All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 22. EFFECTIVE DATE
This ordinance shall take effect upon its passage and
adoption.
PASSED AND ADOPTED this 25thday of July , A.D., 1988.
ATTEST:
the ty omm~sslon of the
City of Sanford
CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford,
Florida, do hereby certify that a true and
correct copy of ORDINANCE NO. 1956 , PASSED'and ADOPTED by
the City Commission of the City of Sanford, Florida, on the
25th day of Julv , 198~ was POSTED at the front
door of the City ~11, h theCity of ~nford, Florida, on July 26th, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Sanford, Florida, this ~ th day
of Julv , 1988.