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1510 ORDINanCE NO. 1510 AI~ ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ~NDINGAND E]~ENDING THE TEP~ OF ORDINANCE NO. 998 AND AS AI.~NDED BY O~DINiNCE NO. 1328 OF THE CITY OF S.~FO.~D, FLORIDA, SAID ORDINanCE }~ViNG G~TED A NON-EXCLUSIVE FRANCHISE TO SE~INOLE CABLEVISION, INCOIPOP~TED, FOR THE OPERATION AND I~AINTENA~NCE OF A CO~_~tFr]ITY ANTENNA TELEVISION SYSTEM IN ACCORDANCE WITH THE TE~S AND PROVISIONS SET FORTH IN SAID ORDINANCE AS AWjFf~DED; SAID A~.~ND~NTS SETTING FORTH CONDITIONS ~tD REGY~ATiONS FOR THE OPERATION AND MAINTENANCE OF THE SYSTEM: SAID ~MENDPPZNTS FURTHER PROVIDING FOR THE TEP~ OF THE FRANCHISE TO BE EXTENDED FOR ADDITIONAL TEN YEAR PERIODS NOT TO EXCEED A TOTAL OF FORTY YEARS; SAID ORDINANCE FURTHER PROVIDING FOR SEVEP~BILITY, CON_~LICTS ~ND EFFECTIVE DATE. ~HEIEAS, the City Con~mission of the City of Sanford, Florida, passed and adopted Ordinance No. 998, dated $eptenzber 24, 1970, and Ordin~ace No. 1328~ dated March 18, 1976, amending Ordinance No. 998, which s~id Ordinance ~s amended granted a non-exclusive. franchise to SEMINOLE CABLEVISION. iNCORPOI~TED, to operate and maintain a Com_munity Antenna Television system in the City of Sanford, Florida, and i~EPiAS~ said Co.~m-unitv Antenna Television system has been operated in accordance with the terms and provisions of the fran- chise set forth in Ordinance No. 998, as amended, and ~iEPiAS, it is the desire of the City Comission to amend and extend Ordinance No. 998, as amended, as set forth hereinafter. N~, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SAilFORD, FLORIDA that the non-exclusive franchise granted unto SEMINOLE CABLEViSION, INCO~ORATED for the operation of a Community Antenna Television system as specified in Ordinance No. 998 and amended by Ordinance No. 1328 is hereby extended and amended as follows: SECTION !: That Section 2(b) of Ordinance No. 998, as amended, is hereby amended to read as follows: (b) "Co~.pany'l is Am~erican Television and Co~unications Corporation, a Delaware Corporation, doing business as Seminole Cablevision, a Division of An~erican Television and Communications Corporation, authorized to be business in the State of Florida, the grantee of rights under this Franchise Ordinance. SECTION 2: That Section 5 of Ordinance No. 998, as amended, is hereby amended to read as follows: (c) REPEALED. (e) KESIDENT COMPANY A~]D AGENT. All insurance policies and bonds as are required of the Company 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 Company with the City. SECTION 3: That Section 10 of Ordinance No. 998, as amended, is hereby amended to read as follows: (a) P~PEALED. (b) PZPEALED. (e) PUBLIC SERVICE. The Company shall provide con~rcnity antenna television service without installation or monthly service charge for the initial outlet to all p~D!ic schools, the Sanford Public Library, City-owned recreational center buildings. City Hall. City Police Stations. City Fire Stations, City Utility Plants, and any hospital ovmed and o~erated not for profit providing such installations are within the city limits. In the case of any emergency or disaster, the Company shall, upon the request of the City, ~ke available its facilities to the City for emergency use during the emergency or disaster period. SECTION 4: That Section 11 of Ordinance No. 998, as amended is hereby amended to read as follows: (b) The Company shall carry all signals of every television station in accordance with applicable Federal Corr~unica- tions sisal carriage rules presently in effect and as may be amended by the Federal Communications Comr~ission. -2- (c) The Cor~unity Antenna Television System shall be maintained at all times in conformity with Federal Conununications Commission rules and regulations presently in effect and as may be amended from time to time. SECTION 5: That Section 13 of Ordinance No. 998, as amended, is hereby amended to read as follows: The Company 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 and shall be under the control of local management. Service, installation, and maintenance capability shall be avail- able through the Sanford office. SECTION 6: That Section 14 of Ordinance No. 998, as amended, is hereby amended to read as follows: CiTY RULES. The right is hereby reserved to the City to Adopt, in addition to the provisions herein contained in existing applicable ordinances, such additional regulations as the City may find necessary in the exercise of its police power, provided, such regulations by ordinance or otherwise shall be reasonable and not in conflict with the rights herein granted. SECTION 7: That Section 15 of Ordinance No. 998, as amended, is hereby amended to read as follows: RATES TO CUSTOmeRS. The Company may establish such rates for its services as are reasonable and provide for a fair rate of return. Such rates for services are enu~aerated in the attachment hereto and by reference are made a part hereof. ~ request for change in the basic subscriber rate may be made once per year by the Company to the Cormmission. Approval of the Company's request will not be unreasonably withheld provided that the requested increase is consistent with the rise in the consumer price index for the preceding calendar year and provided that the request to the Commission is made at least thirty days prior to the proposed implementation date for the new rate. -3- SECTION 8: That Section 16 of Ordinance No. 998, as amended, is hereby amended to read as follows: PP~FERENT!AL OR DISCRI~INATORY PRACTICES PROHIBITED. The Corapany shall not, as to rates, charges, service, facilities, rules, regulations, or in any other respect, make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage. SECTION 9: That Section 17 of Ordinance No. 998, as amended, is hereby amended to read as follows: (a) FK~CHISE PAteNTS. The Company shall pay to the City a tax or fee in the sum~ of $152,500.00 as a minimum guarantee payment for the rights herein granted and payable in the following manner: $45,000.00 upon the receipt of this franchise representing the first three years of guarantee; Year 4, $10,000.00; Year 5, $10,000.00; Year 6, $12,500.90; Year 7, $15,000.00; Year g, $17,500.00; Year 9, $20,000.00; Year i0, $22,.500.00; Years 11 through 20, $22,500.00 each year, All of such paS~ents required on an annual basis shall be paid in advance on the first day of each year of the term thereof. The Company shall pay to the City a total gross revenue tax based on its annual basic cablevision gross operating revenue, received by it from its basic service in the City during each year and including the ~Total Central Florida Television Concept" as hereinbefore specified, according to the schedule of percentages as follows: Years 1 through 5, 7%; Years 6 and 7, 8-%%; Years 9, t0 and 11 through 20, 9%. The hereinabove specified guarantee shall be a ~art of this total gross revenue tax. The additional payments, if any, shall be due within thirty (30) days following the annual anniversary date. All payments due hereunder shall be paid by the Company to the City and shall be made to the Director of Finance, City Hall, Sanford, Florida. SECTION 10. That Section 18 of Ordinance No. 998, as amended, is hereby amended to read as follows: RECOP$S .~D REPORTS. The City shall have access at all -4- reasonable hours to all the Company's plans, contracts, engineering, accounting, financial, statistical, customer and service records relating to the property and operation of the system by the Company and to such other records as may reasonably be required by the City. The Company shall provide annually financial state- ments audited and reported upon by certified public accounts on the regular subscriber service operation in the Sanford franchise area of the Orange/Seminole Division of American Television and Con~munications Corporation. Such financial statements shall in- clude a statement of assets, liabilities, and net assets as of the end of the fiscal year and the related statement of revenues and expenses for the year then ended. Such statements shall be based on allocation methods consistent with those outlined in the report issued to the Sanford City Con~nission certified by Arthur Young and Company for the year ended June 30, 1978. SECTION !1: That Section 19 of Ordinance No. 998, as amended, is hereby am. ended to read as follows: (b) REPEALED. (c) EPEALED. SECTION 12: That Section 22 of Ordinance No. 998, as amended, is hereby amended to read as follows: DURATION OF FP~NCHISE ORDtN~'~CE. This Franchise Ordinance shall remain in full force and effect for a period of twenty (20) years and shall be subject to renewal by the City by negotiations upon reasonable terms with the Company for two addi- tional ten (10) year periods not to exceed a total of forty (40) years, including the initial twenty-year period. SECTION 13: That Section 24 of Ordinance No. 998, as amended, is hereby amended to read as follows: SEVEP~BILITY. 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 this Franchise Ordinance. -5- SECTION 14: If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of this Ordinance. SECTION 15: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 16: That this Ordnance shall become effective in~ediately upon its passage and adoption, and upon the Company's filing with the City its written acceptance of all the te~s and conditions hereof. PASSED ~]D ADOPTED this 12th day of May , A.D., 1980. Mayor Attest: Deputy Sty Clerk CERTIFICATE I, Rosa M. Rotundo, Deputy City Clerk of the City of San- ford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No:. 1510, ~SSED and ADOPTED by the City Co~ission of the City of San~rd, Florida, on the 12th day of ~y, 1980, wasM POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 13th day of May, 1980. As the Deputy City Clerk of the -6- City of Sanford, Florida