BOYNTON.7 Chapter 7
COMMUNITY ANTENNA TELEVISION SYSTEMS*
Art. I. In General, §§ 7 - 1 — 7 - 20 manner commonly known and referred to
Art. II. Franchises, §§ 7 - 21 — 7 - 41
Art. III. Installation and Maintenance, §§ 7 - 42 — 7 -
49
*Editor's note - Ord. No. 83 - 13, enacted May 3,
1983, gra nted a nonexclusive license to Centel Cable
Television Company of Florida, to operate a
community antenna television system within certain
areas of the municipal limits of the city.
ARTICLE I. IN GENERAL
Sec. 7 - 1. Definitions.
For the purpose of thi s chapter, the following
terms, phrases, words, abbreviations, and their
derivations shall have the meaning given herein.
When not inconsistent with the context, words used
in the present tense include the future tense, words in
the plural number include t he singular number, and
words in the singular number include the plural
number.
CATV. “CATV” shall mean a community
antenna television system as hereinafter defined.
City. “City” shall mean the City of Boynton
Beach, a municipal corporation of the Sta te of
Florida, in its present incorporated form or in any
later reorganized, consolidated, enlarged or
reincorporated form.
Community antenna television system.
“Community antenna television system” shall mean a
system of antenna, coaxial cables, wires wave guides,
or other conductors, equipment or facilities designed,
constructed or used for the purpose of providing
television or FM radio service by cable or through its
facilities as herein contemplated. CATV shall not
mean:
(a) The transmission of any special program or
event for which a separate and distinct
charge is made to the subscriber in the
n
a
s
y
s
t
e
m
,
e
.
g
.
,
w
h
i
c
h
i
s
a
s
y
s
t
e
m
o
f
e
q
u
i
p
m
e
n
t
d
e
s
i
g
g
n
a
l
s
s
e
r
v
i
n
g
a
m
i
n
i
m
u
m
o
f
t
e
n
(
1
0
)
r
e
s
i
d
e
n
t
i
a
l
u
n
i
t
s
assignee of said person, firm or corporation. n
.
Gross annual receipts. “Gros s annual receipts”
Council. “Council” shall mean the present shall mean any and all compensation and other
governing body of the city or any future board consideration in any form whatever and any
constituting the legislative body of the city. contributing grant or subsidy received directly or
indirectly by a grantee from subscribers or users in
Franchise. “Franchise” shall mean and include payment for television or FM radio signals o r service
any authorization granted hereunder in terms of a received within the city.
franchise, privilege, permit, license or otherwise to
construct, operate and maintain a CATV system in “Gross annual receipts” shall not include
the city. Any such au thorization, in whatever terms installation and line extension charges, or any taxes
granted, shall not mean and include any license or on services furnished by the grantee imposed directly
permit required for the privilege of transacting and on any subscriber or user by any city, state or other
carrying on a business within the city in accordance governmental u nit and collected by the grantee for
with Chapter 13 of this Code of Ordinances. such governmental unit.
Grantee. “Grantee” sha ll mean the person, firm Property of grantee. “Property of grantee” shall
or corporation to whom or which a franchise, as
hereinabove defined, is granted by the council under
this chapter, and the lawful successor, transferee or
1
Boynton Beach Code
2
mean all property owned, installed or used by a designated or delineated as a proposed public street
grantee in the conduct of a CATV business in the city on any tentative subdivision map approved by the
under the authority of a franchise granted pursuant to city, any equipment or facilities for distributing any
this chapter. television signals or radio signals through a CATV
system , unless a franchise authorizing such use of
Street. “Street” shall mean the surface of and the such street or property or area has first been obtained
space above and below any public street, road, pursuant to the provisions of this chapter, and unless
highway, freeway, lane, path, alley, court, sidewalk, such franchise is in full force and effect.
parkway, or drive, now or hereafter existin g as such
within the city. (c) It shall be unlawful for any person, firm or
corpo ration to make any unauthorized connection,
Subscriber. “Subscriber” shall mean any person whether physically, electrically, inductively or
or entity receiving for any purpose the CATV service otherwise, with any part of a franchise CATV system
of a grantee. (Code 1958, § 7A - 1; Ord. No. 81 - 20, § within this city for the purpose of taking or receiving
1, 6 - 16 - 81) television signals, radio signals, pictures, programs,
or sound.
Sec. 7 - 2. Licensee; when term to be used. (d) It shall be unlawful for any person, firm or
corporation to make any unauthorized connection,
When and in the e vent that the grantee of any whether physically, electrically, acoustically,
franchise granted hereunder constructs, operates and inductively or otherwise, with any part of a franchised
maintains a CATV system exclusively through CATV system within this city for the purp ose of
telephone company facilities constructed, operated enabling himself or others to receive any television
and maintained pursuant to a state - granted telephone signal, radio signal, picture, program or sound,
franchise and offers satis factory proof that in no without payment to the owner of said system.
event during the life of such franchise shall the
grantee make any use of the streets independently of (e) It shall be unlawful for any person, without
such telephone company facilities, said grantee shall the consent of the owner, to willfully tamper with,
be required to comply with all of the provisions remove or injure any cables, wires or equipment used
hereof as a “licensee” an d in such event whenever the for distribution of television signals, radio signals,
term “grantee” is used herein it shall be deemed to pictures, programs or sound. (Code 1958, § 7A - 3)
mean and include “licensee.” (Code 1958, § 7A - 2)
Sec. 7 - 4. Violations.
Sec. 7 - 3. Franchise required; unlawful acts
and practices. Any person, firm or corporation operating or
attempting to operate a com munity antenna television
(a) It shall be unlawful for any person to system within the municipal limits of the city, without
establish, operat e or to carry on the business of complying with the provisions of this chapter with
distributing to any persons in this city any television particular reference to obtaining a franchise to
signals or radio signals by means of a CATV system conduct such business, or after having obtained such
unless a franchise therefor has first been obtained a franchise, by faili ng to comply with all provisions
pursuant to the provisions of this chapter, and unless hereof, shall, upon conviction thereof, be punished as
such fran chise is in full force and effect. for a violation of this Code of Ordinances. Any day
upon which a violation exists or continues shall be
(b) It shall be unlawful for any person to deemed a separate and distinct offense. (Code 1958, §
construct, install or maintain within any public street 7A - 4)
in the city, or within any other public property of the
city, or within any privately - owned area within the
city which h as not yet become a public street but is
Community Antenna Television Systems 3
Sec. 7 - 5. Filings to be with city manager. Sec. 7 - 10. Deregulation of rates.
When not otherwise prescribed herein, all (a) The regulation of rates controlled by this
matters herein required to be filed with the city shall chapter is hereby suspended with authority and
be filed with the city manager. (Code 1958, § 7A - 5) permission to the cable franchise holder to establish
its own rates, subject however, to the requirement that
such rates as are established be filed with the city at
Sec. 7 - 6. Paym ent of publication expenses. least thirty (30) days before said rates are to become
effective. The provision for deregulation of rates
The grantee shall pay to the city a sum of money provided by this section shall have no effect upon the
sufficient to reimburse it for all publication expenses continued obligation of the franchisee to pay to the
incurred by it in connection with the granting of a city franchise fees provided by prior agreement
franchise pursuant to the provisions of this chapter. between the parties.
Such payment s hall be made within thirty (30) days
after the city furnishes the grantee with a written (b) The city council recognizes the unique
statement of such expenses by delivery of same to the attributes of the cable television busines s which
city manager. (Code 1958, § 7A - 5) distinguish it from other industries. However, this
council also notes that actual competition among
cable television companies in the city is extremely
Sec. 7 - 7. Office in city required. limited, thereby allowing a potential for monopolistic
profits, which by their nature are contr ary to
The grantee shall maintain an office wit hin the established public policy. For this reason, the city
city limits or at a location which subscribers may call reserves the right to reinstitute rate regulation at any
without incurring added message or toll charges so time it deems necessary in the future. (Ord. No. 78 -
that CATV maintenance service shall be promptly 13, §§ 1, 2, 4 - 4 - 78)
available to subscribers. (Code 1958, § 7A - 5)
Secs. 7 - 11 — 7 - 20. Reserved.
Sec. 7 - 8. Duty to provide service.
No perso n, firm or corporation in the existing ARTICLE II. FRANCHISES
service area of the grantee shall be arbitrarily refused
service; provided, however, that the grantee shall not
be required to provide service to any subscriber who Sec. 7 - 21 . Council may grant.
does not pay the applicable connection fee or
monthl y service charge. (Code 1958, § 7A - 5) A nonexclusive franchise to construct, operate
and maintain a CATV system within all or any
portion of the city may be granted by the council to
Sec. 7 - 9. Council to perform duties in absence any person, firm or corporation, whether operating
of city manager. under an existing franchise or not, w ho or which
offers to furnish and provide such system under and
In the event of the inability of the city manager pursuant to the terms and provisions of this chapter.
to act or in the event of said officer's absence, all
functions, duties and responsibilities here in No provision of this chapter may be deemed or
prescribed or vested in said officer shall be construed as to require the granting of a franchise
performed by the city council. (Code 1958, § 7A - 6) when in the opinion of the council it is in the public
interest to restrict the number of grantees to one or
more. (Code 1958, § 7A - 11)
4 Boynton Beach Code
Sec. 7 - 22. Acceptance and effective date of provision of this chapter, or has, by act or
franchise. omission, violated any term or condition of
(a) No franchise granted pursuant to the
provisions of this chapter shall become effective
unless and until the ordinance granting same has
become effective and, in addition, unless and until all
things required in this section and sections 7 - 29 and
7 - 30(a) and (b) hereof are done and completed, all of
such things being he reby declared to be conditions
precedent to the effectiveness of any such franchise
granted hereunder. In the event any of such things are
not done and completed in the time and manner
required, the council may declare the franchise null
and void.
(b) Wi thin twenty (20) days after the effective
date of the ordinance awarding a franchise, or within
such extended period of time as the council in its
discretion may authorize, the grantee shall file with
the city manager his written acceptance, in form
satisf actory to the city attorney, of the franchise,
together with the bond and insurance policies
required by sections 7 - 29 and 7 - 30(a) and (b) hereof,
respectively, and his agreement to be bound by and to
comply with and to do all things required of him by
the provisions of this chapter and the franchise. Such
acceptance and agreement shall be acknowledged by
the grantee before a notary public, and shall in form
and content be satisfactory to and approved by the
city attorney. (Code 1958, § 7A - 12)
Sec. 7 - 23. Term; grounds for termination
prior
to expiration of term.
No franchise granted by the council under this
chapter shall be for a term longer than twenty (20)
years following the date of acceptance of such
franchise by the grantee or the renewal thereo f.
Any such franchise granted hereunder may be
terminated prior to its date of expiration by the
council in the event that said council shall have
found, after thirty (30) days' notice of any proposed
termination and public hearing, that:
(a) The grante e has failed to comply with any
any franchise or permit issued hereunder; or
(
b
)
A
n
y
p
r
o
v
i
s
i
o
n
o
f
t
h
i
s
c
h
a
p
t
e
r
h
a
s
b
e
c
o
m
e
i
n
v
a
l
i
s
u
c
h
p
r
o
v
i
s
i
o
n
c
o
n
s
t
i
t
u
t
e
s
a
c
o
n
s
i
d
e
r
a
t
i
o
n
m
a
t
e
r
i
a
l
r
e
s
t
h
e
C
A
T
V
s
Sec. 7 - 24. y Payments by grantee; fee; reports;
s inspection of records; compensation
t during “hold over.”
e
(a) m Any grantee granted a franchise under this
chapter shall pay to the city, during the life of such
franchise, a fee to be established by either p
negotiations between the grantor and the city or by r
receipt of competitive bids for said franchise received o
pursuant to specifications and terms established by p
the city council. Such payment by the grantee to the e
city shall be made annually, or as otherwise provided r
in the grantee's franchise, by delivery of the sam t e to
the city manager of the city, or in his absence to the y
city finance director.
o
(b) f The grantee shall file with the city, within
thirty (30) days after expiration of any calendar year
or portion thereof during which such franchise is in t
force, a finan h cial statement prepared by a certified
public accountant, or person otherwise satisfactory to e
the council, showing in detail the gross annual
receipts, as defined herein, of grantee during the g
preceding calendar year or portion thereof. It shall be r
the dut y of the grantee to pay to the city, within a
fifteen (15) days after the time for filing such n
statements, the sum hereinabove prescribed or any t
unpaid balance thereof for the calendar year or e
portion thereof covered by such statements. e
.
The city reserves t he right to establish a
minimum amount which any grantee hereunder shall (
pay to the city as a base fee hereunder during any C
franchise year, with said minimum amount to be o
determined at the time said franchise is granted. d
e
(c) The city shall have the right to inspect the
1
9
Community Antenna Television Systems
5
grantee's records showing the gross receipts from The grantee may make a charge to subscribers
which its franchise payments are computed and the for ins tallation or connection to its CATV system and
right of audit and recomputation of any and all a fixed monthly charge as filed and approved as
amounts paid under this chapter. No acceptan ce of herein provided. No increase in the rate and charges
any payment shall be construed as a release or as an to subscribers, as set forth in the schedule filed and
accord and satisfaction of any claim the city may approved with grantee's application, may be made
have for further or additional sums payable under this with out the prior approval of the council expressed by
chapter or for the performance of any other resolution. (Code 1958, § 7A - 15)
obligation hereunder.
(d) In the event of any holding over after Sec. 7 - 26. Franchise limitations.
expiration or other termination of any franchise
granted hereunder, without the consent of the city, (a) Any franchise granted under this chapter
the grantee shall pay to the city reasonable shall be nonexclusive.
compensation and damages, of not less than one
hundred per cent (100%) of its total gross p rofits (b) No privilege or exemption shall be granted
during said period. (Code 1958, § 7A - 14) or conferred by a ny franchise granted under this
chapter except those specifically prescribed herein.
Sec. 7 - 25. Rights granted under franchise. (c) Any privilege claimed under any such
franchise by the grantee in any street or other public
Any franchise granted pursuant to the provisions property shall be subordinate to any prior lawful
of this chapter shall authorize and permit the grantee occupancy of the street s or other public property.
to engage in the business of operating and providing
a CA TV system in the city, and for that purpose to (d) Any such franchise shall be a privilege to be
erect, install, construct, repair, replace, reconstruct, held in personal trust by the original grantee. It cannot
maintain and retain in, on, over, under, upon, across in any event be sold, transferred, leased, assigned or
and along any public street, such poles, wires, cable, disposed of, in whole or in part, either by forced or
conductors, ducts, conduit, vaults, manhole s, involunta ry sale, or by voluntary sale, merger,
amplifiers, appliances, attachments, and other consolidation or otherwise, without the prior consent
property as may be necessary and appurtenant to the of the council expressed by resolution, and then only
CATV system; and in addition, so to use, operate, under such conditions as may therein be prescribed.
and provide similar facilities or properties rented or Any such transfer or assignment shall be made only
leased from other persons, firms or corporations, by an instrument in writing, a duly executed copy of
including but not limited to any public utility or other which shall be filed in the office of the city manager
grantee franchised or permitted to do business in the within thirty (30) days after any such transfer or
city. The grantee shall not use the system to interfere assignment. The said consent of the council may not
or conflict with the services offered by public utilities be arbitrarily refused; provided, however, the
regulated by the Public Servic e Commission. pro posed assignee must show financial responsibility
and must agree to comply with all provisions of this
No franchise granted hereunder shall be chapter; and provided, further, that no such consent
construed as a franchise, permit or license to transmit shall be required for a transfer in trust, mortgage or
any special program or event for which a separate other hypothecation as a whole, to secure an
and distinct charge is made to the subscriber in the indebtedness.
manner commonly known and referred to as “pay
television,” and no grantee shall directly or indirectly (e) Time shall be of the essence of any such
install, maintain or operate on any television set a franchise granted hereunder. The grantee shall not be
coin box or any other device or means for collection relieved of his obligation to comply promptly with
of money for individual programs. any of the provisions of this chapter or by any failure
of the city to enforce prompt comp liance.
Boynton Beach Code
6
(f) Any right or power in, or duty impressed just value, which shall not include any amount for the
upon, any officer, employee, department, or board of
the city shall be subject to transfer by the city to any
other officer, employee, department, or board of the
city.
(g ) The grantee shall have no recourse
whatsoever against the city for any loss, cost,
expense, or damage arising out of any provision or
requirement of this chapter or of any franchise issued
hereunder or because of its enforcement.
(h) The grantee shall be subject to all
requirements of city ordinances, rules, regulations
and specifications heretofore or hereafter enacted or
established.
(i) Any such franchise granted shall not relieve
the grantee of any obligation involved in obtaining
pole space from any department of the city, utility
company, or for others maintaining poles in streets.
(j) Any franchise granted hereunder shall be in
lieu of any and all other rights, privileges, powers,
immunities, and authorities owned, possessed,
controlled, or ex ercisable by grantee, or any
successor to any interest of grantee, of or pertaining
to the construction, operation, or maintenance of any
CATV system in the city; and the acceptance of any
franchise hereunder shall operate, as between grantee
and the city, as an abandonment of any and all such
rights, privileges, powers, immunities, and authorities
within the city; to the effect that, as between grantee
and the city, any and all construction, operation and
maintenance by any grantee of any CATV system in
th e city shall be, and shall be deemed and construed
in all instances and respects to be, under and pursuant
to said franchise, and not under or pursuant to any
other right, privilege, power, immunity, or authority
whatsoever. (Code 1958, § 7A - 16)
Sec. 7 - 2 7. Rights reserved to the city.
(a) Nothing herein shall be deemed or
construed to impair or affect, in any way, to any
extent, the right of the city to acquire the property of
the grantee, either by purchase or through the
exercise of the right of emine nt domain, at a fair and
franchise itself or for any of the rights or privileges
granted, and nothing herein contained shall be
construed to contract away or to modify or abridge,
either for a term or in perpetuity, the city's right of
eminent domain.
(b) There is hereby reserved to the city every
right and power which is required to be herein
reserved or provided by any ordinance of the city,
and the grantee, by its acceptance of any franchise,
agre es to be bound thereby and to comply with any
action or requirements of the city in its exercise of
such rights or power, heretofore or hereafter enacted
or established.
(c) Neither the granting of any franchise
hereunder nor any of the provisions contai ned herein
shall be construed to prevent the city from granting
any identical, or similar, franchise to any other
person, firm or corporation, within all or any portion
of the city.
(d) There is hereby reserved to the city the
power to amend any section or part of this chapter so
as to require additional or greater standards of
construction, operation, maintenance or otherwise, on
the part of the grantee.
(e) Neither the granting of any franchise nor
any provision hereof shall constitute a waiver or bar
to the exercise of any governmental right or power of
the city.
(f) The council may do all things which are
necessary and convenient in the exercise of its
jurisdiction under this chapter and may determine any
question of fact which may arise during the existence
of any franchise granted hereunder. The city manager
is hereby authorized and empowered to adjust, settle,
or compromise any controversy or charge arising
from the operations of any grantee under this chapter,
either on behalf of the city, the g rantee, or any
subscriber, in the best interest of the public. Either
the grantee or any member of the public who may be
dissatisfied with the decision of the city manager may
appeal the matter to the council for hearing and
determination. The council may accept, reject or
modify the decision of the city manager, and the
council may adjust, settle or compromise any
controversy or cancel any charge arising from the
Community Antenna Television Systems
7
operations of any grantee or from any provisio n of (5) A statement or schedule in a form approved
this chapter. (Code 1958, § 7A - 17)
Sec. 7 - 28. Application; council action;
condition included in franchise.
(a) Application. Application for a franchise
hereunder shall be in writing, shall be filed with the
city manager, and shall contain the following
information:
(1) The name and address of the applicant. If
the applicant is a partnership, the name and
address of each partner shall also be set
forth. If the applicant is a corporation, the
application shall also state the names and
addresses of its directors, main offices,
major stockholders and associates, and the
names and addresses of parent and
subsidiary companies.
(2) A statement and description of the CATV
system proposed to be constructed,
installed, maintained or operated by the
appl icant; the proposed location of such
system and its various components; the
manner in which applicant proposes to
construct, install, maintain and operate the
same; and, particularly, the extent and
manner in which existing or future poles or
other facilit ies of other public utilities will
be used for such system.
(3) A description, in detail, of the public
streets, public places and proposed public
streets within which applicant proposes or
seeks authority to construct, install or
maintain any CATV equipm ent or
facilities; a detailed description of the
equipment or facilities proposed to be
constructed, installed or maintained therein;
and the proposed specific location thereof.
(4) A map specifically showing and delineating
the proposed service area or areas within
which applicant proposes to provide CATV
services and for which a franchise is
requested.
s
t
o
s
u
b
s
c
r
i
b
e
r
s
f
o
r
i
n
s
t
a
l
l
a
t
i
o
n
a
n
d
s
e
r
v
i
c
e
s
,
a
n
d
a
e
e
a
n
d
i
t
s
s
u
b
s
c
r
i
b
e
r
s
s
h
a
l
l
a
c
c
o
m
p
a
n
y
t
h
e
a
p
p
l
i
c
a
t
i
o
l
e
r
e
q
u
i
r
e
d
,
o
r
m
o
r
e
t
h
a
n
o
n
e
h
u
n
d
r
e
d
f
i
f
t
y
(
1
5
0
)
f
e
e
s
u
b
s
c
r
i
b
e
r
s
,
a
n
a
d
d
i
t
i
o
n
a
l
i
n
s
t
a
l
l
a
t
i
o
n
c
h
a
r
g
e
o
v
e
r
t
t
h
e
a
p
p
l
i
c
a
n
t
'
s
p
r
o
p
o
s
a
l
m
a
y
b
e
c
h
a
r
g
e
d
,
w
i
t
h
e
a
s
e
m
e
v
e
l
y
i
n
a
c
c
e
s
s
i
b
l
e
s
u
b
s
c
r
i
b
e
r
s
w
i
t
h
i
n
t
h
e
c
i
t
y
,
s
e
r
v
i
c
i
a
(6) l A copy of any contract, if existing, between
s
,
l
a
b
o
r
,
a
n
d
e
a
s
e
m
e
n
t
s
i
f
r
e
q
u
i
r
e
d
b
y
t
h
e
g
r
a
n
t
e
e
t
h
e
u
s
e
o
f
f
a
c
i
l
i
t
i
e
s
o
f
s
u
c
(7) h A statement setting forth all agreements and
p
u
b
l
i
c
u
t
i
l
i
t
y
,
s
u
c
h
a
w
r
i
t
t
e
n
,
o
r
a
l
o
r
i
m
p
l
i
e
d
,
e
x
i
s
t
i
n
g
b
e
t
w
e
e
n
t
h
e
a
p
p
l
i
t
o
t
h
e
p
r
o
p
o
s
e
d
f
r
a
n
c
h
i
s
e
o
r
t
h
e
p
r
o
p
o
s
e
d
C
A
T
V
o
p
e
r
a
c
o
r
p
o
r
a
t
i
o
n
p
o
s
i
n
g
a
s
a
f
r
o
n
t
o
r
a
s
t
h
e
r
e
p
r
e
s
e
n
t
a
t
i
v
f
o
r
m
a
t
i
o
n
i
s
n
o
t
d
i
s
c
l
o
s
e
d
i
n
t
h
e
o
r
i
g
i
n
a
l
a
p
p
l
i
c
a
t
i
o
e
a
n
d
e
f
f
e
c
t
w
h
a
t
s
o
e
v
e
r
.
(8) A financial statement prepared by a
c
e
r
t
i
f
i
e
d
p
u
b
l
i
c
a
c
c
o
u
n
t
a
n
t
o
w
i
n
g
a
p
p
l
i
c
a
n
t
'
s
f
i
n
a
n
c
i
a
l
s
t
a
t
u
s
a
n
d
h
i
s
f
i
n
a
n
c
i
a
l
o
f
t
h
e
p
r
o
p
o
s
e
d
C
A
T
V
s
y
s
t
e
m
.
(
9
)
T
h
e
c
o
u
n
c
i
l
m
a
y
a
t
p
p
l
e
m
e
n
t
a
r
y
,
a
d
d
i
t
i
o
n
a
l
o
r
o
t
h
e
r
i
n
f
o
r
m
a
t
i
o
n
a
s
t
h
e
c
Boynton Beach Cod e
8
determine whether the requested franchise recoverable jointly and severally fr om the principal
should be granted.
(b) Council action. Upon consideration of any
such application, the council may refuse to grant the
requested franchise or the council may by ordinance
grant a franchise for a CATV system to any such
applicant as may appear from said application to be
in its opinion best qualified to render proper and
efficient CATV service to television viewers and
subscribers in the city. The council's decision in the
matter shall be final. If favorably considered, the
application submitted shall constitute and form part
of the franchise as granted.
(c) Condition. Any franchise granted pursuant
to this chapter shall include the following condition:
“The CATV system herein franchised shall
be used and operated solely and exclusively for
the purpose expressly authorized by Ordinance
of the City of Boynton Beach, Florida, and no
other purpose whatsoever.”
Inclusion of the foregoing statement in any such
franchise shall not be deemed to limit the authori ty of
the city to include any other reasonable condition,
limitation or restriction which it may deem necessary
to impose in connection with such franchise pursuant
to the authority conferred by this chapter. (Code
1958, § 7A - 18)
Sec. 7 - 29. Faithful perf ormance bond.
(a) The grantee shall, concurrently with the
filing of and acceptance of award of any franchise
granted under this chapter, file with the city manager,
and at all times thereafter maintain in full force and
effect for the term of such franc hise or any renewal
thereof, at grantee's sole expense, a corporate surety
bond in a company and in a form approved, by the
city attorney, in the amount of fifteen thousand
dollars ($15,000.00), renewable annually, and
conditioned upon the faithful perform ance of grantee,
and upon the further condition that in the event
grantee shall fail to comply with any one or more of
the provisions of this chapter, or of any franchise
issued to the grantee thereunder, there shall be
and surety of such bond any damages or loss suffered
by the city as a result thereof, including the full
amount of any compensation, indemnification, or
cost of removal or abandonment of any property of
the grantee as prescribed hereby wh ich may be in
default, plus a reasonable allowance for attorney's
fees and costs, up to the full amount of the bond; said
condition to be a continuing obligation for the
duration of such franchise and any renewal thereof
and thereafter until the grantee ha s liquidated all of
its obligations with the city that may have arisen from
the acceptance of said franchise or renewal by the
grantee or from its exercise of any privilege therein
granted. The bond shall provide that thirty (30) days'
prior written notice of intention not to renew,
cancellation, or material change, be given to the city.
(b) Neither the provisions of this section, nor
any bond accepted by the city pursuant hereto, nor
any damages recovered by the city thereunder, shall
be construed to exc use faithful performance by the
grantee or limit the liability of the grantee under any
franchise issued hereunder or for damages, either to
the full amount of the bond or otherwise. (Code 1958,
§ 7A - 19)
Sec. 7 - 30. Insurance policies required for
inde mnification of city.
(a) The grantee shall, concurrently with the
filing of an acceptance of award of any franchise
granted under this chapter, furnish to the city and file
with the city manager, and at all times during the
existence of any franchise gra nted hereunder,
maintain in full force and effect, at its own cost and
expense, a liability insurance policy in the amount of
one hundred thousand dollars ($100,000.00) in a
company approved by the city manager and in a form
satisfactory to the city attorn ey, indemnifying and
saving harmless the city, its officers and employees
from and against any and all claims, demands,
actions, suits, and proceedings by others, against all
liability to others, including but not limited to any
liability for damages by re ason of or arising out of
any failure by the grantee to secure consents from the
owners, authorized distributors or licensees of
programs to be delivered by the grantee's CATV
system, and against any loss, cost, expense and
damages resulting therefrom, inc luding reasonable
Community Antenna Television Systems
9
attorney's fees, arising out of the exercise or the
enjoyment of its franchise, irrespective of the amount
of the comprehensive liability insurance policy
required hereunder.
(b) The grantee s hall, concurrently with the
filing of an acceptance of award of any franchise
granted under this chapter, furnish to the city and file
with the city manager and at all times during the
existence of any franchise granted hereunder,
maintain in full force an d effect, at its own cost and
expense, a general comprehensive liability insurance
policy, in protection of the city, its officers, boards,
commissions, agents and employees, in a company
approved by the city manager and a form satisfactory
to the city att orney, protecting the city and all persons
against liability for loss or damage for personal
injury, death and property damage, occasioned by the
operations of grantee under such franchise, with
minimum liability limits of five hundred thousand
dollars ($5 00,000.00) for personal injury or death of
any one person and one million dollars
($1,000,000.00) for personal injury or death of two
(2) or more persons in any one (1) occurrence, and
fifty thousand dollars ($50,000.00) for damage to
property resulting fr om any one occurrence.
(c) The policies mentioned in the foregoing
paragraph shall name the city, its officers, boards,
commissions, agents and employees, as additional
insured and shall contain a provision that a written
notice of cancellation or reduct ion in coverage of said
policy shall be delivered to the city ten (10) days in
advance of the effective date thereof; if such
insurance is provided by a policy which also covers
grantee or any other entity or person other than those
above named, then such policy shall contain the
standard cross - liability endorsement. (Code 1958, §
7A - 20)
Sec. 7 - 31. Franchise renewal.
Any franchise granted under this chapter is
renewable at the application of the grantee, in the
same manner and upon the same terms and
co nditions as required herein for obtaining the
original franchise, except those which are by their
terms expressly inapplicable; provided, however, that
council may at its option waive compliance with any
or all of the requirements of section 7 - 28 here of.
(Code 1958, § 7A - 21)
Secs. 7 - 32 — 7 - 41. Reserved.
ARTICLE III. INSTALLATION AND
MAINTENANCE
Sec. 7 - 42. Permits, installation and service.
(a) Permits. Within thirty (30) days after
acceptance of any franchise the grantee shall proceed
with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of
its business, including, but not limited to, any utility
joint use attachment agreements, microwave carrier
licenses, and any other permits, licenses and
auth orizations to be granted by duly constituted
regulatory agencies having jurisdiction over the
operation of CATV systems, or their associated
microwave transmission facilities.
(b) Construction and installation. Within
ninety (90) days after obtaining all necessary permits,
licenses and authorizations, grantee shall commence
construction and installation of the CATV system.
(c) Service. Within ninety (90) days after the
commencement of construction and installation of the
system, grantee shall proceed to render service to
subscribers, and the completion of the construction
and installation shall be pursued with reasonable
diligence thereafter, so that service to all areas
designated on the map accompanying the application
for franchise, as provided in sec tion 7 - 29 hereof,
shall be provided within one year from the date that
service was first provided.
(d) Failure to supply service. Failure on the
part of the grantee to commence and diligently
pursue each of the foregoing requirements and to
complete each of the matters set forth herein, shall be
grounds for termination of such franchise, under and
pursuant to the terms of section 7 - 23 hereof;
provided, however, that the council in its discretion
may extend the time for the commencement and
completion of
Boynton Beach Code
10
construction and installation for additional periods in other properties of the grantee to b e constructed or
the event the grantee, acting in good faith, installed in streets, shall be so constructed or installed
experiences delays by reason of circumstances only at such locations and in such manner as shall be
beyond his control. (Code 1958, § 7A - 26) approved by the city engineer acting in the exercise of
his reasonable discretion.
Sec. 7 - 43. Operational standards. (b) The grantee shall not install or erec t any
facilities or apparatus in or on other public property,
T he CATV system shall be installed and places or rights - of - way, or within any privately -
maintained in accordance with the highest and best owned area within the city which has not yet become
accepted standards of the industry to the effect that a public street but is designated or delineated as a
subscribers shall receive the highest possible service. proposed public street on any tentative subdivision
In determining the satisfactory extent of such map approved by the city, except those installed or
standards the following among others shall be erected upon public utility facilities now existing,
considered: without obtaining the prior written approval of the
city engineer and city manager.
(a) That the system be installed using all band
equipment capable of passing the entire The grantee shall not place any fixture or
VHF and FM spectrum, and that it have the equipment where the same will interfere with any gas,
further capability of converting UHF for electric, telephone, or sewer or water lines, fixtures,
distribution to subscribers on the V HF and equipment and the location by the grantee of its
band. lines and equipment shall be in such manner as to not
interfere with the usual travel on said streets, alleys,
(b) That the system, as installed, be capable of and public ways, and the use of the same by gas,
passing standard color TV signals without electric, telephone, and water and sewer lines and
the introduction of material degradation on equipment.
color fidelity and intelligence.
(c) In those areas and portions of the city where
(c) That the system and all equipment be the transmission or distribution facilities of both the
designed and rated for twenty - four ( 24) public utility providing tel ephone service and those of
hours per day continuous operation. the utility providing electric service are underground
or hereafter may be placed underground, then the
(d) That the system provides a nominal signal grantee shall likewise construct, operate and maintain
level of 2000 microvolts at the input all of its transmission and distribution facilities
terminals of each TV receiver. underground. For the purposes of this subsection,
“underground” shall include a partial underground
(e) That the system signal - to - noise ratio is not system, e.g. streamlining. Amplifiers in grantee's
less than 40 decibels. transmission and distribution lines may be in
appropriate housings upon the surface of the ground
(f) That hum modulation of the picture signal as approved by the city manager and city engineer.
is less than 5%. (Code 1958, § 7A - 28)
(g) That the system use components having a
VSWR of 1.4 or less. (Code 1958, § 7A - 27) Sec. 7 - 45. Removal and abandonment of
property of grantee.
Sec. 7 - 44. Location of property of grantee. (a) In the event that the use of any part of the
CATV system is discontinued for any reason for a
(a) Any poles, wires, cable lines, conduits or continuous period of twelve (12) months, or in the
event such system or property has been installed in
Community Antenna Television Systems
11
any street or public place without complying with the 30)
requirements of grantee's franchise or this chapter, or
the franchise has been terminated, can celled or has
expired, the grantee shall promptly, upon being given
ten (10) days' notice, remove from the streets or
public places all such property and poles of such
system other than any which the city manager may
permit to be abandoned in place. In the event of such
removal, the grantee shall promptly restore the street
or other area from which such property has been
removed to a condition satisfactory to the city
manager.
(b) Any property of the grantee remaining in
place thirty (30) days after the t ermination or
expiration of the franchise shall be considered
permanently abandoned. The city manager may
extend such time not to exceed an additional thirty
(30) days.
(c) Any property of the grantee to be
abandoned in place shall be abandoned in such
m anner as the city manager shall prescribe. Upon
permanent abandonment of the property of the
grantee in place, the property shall become that of the
city, and the grantee shall submit to the city manager
an instrument in writing, to be approved by the city
attorney, transferring to the city the ownership of
such property. (Code 1958, § 7A - 29)
Sec. 7 - 46. Changes required by public
improvements.
The grantee shall, at its expense, protect,
support, temporarily disconnect, relocate in the same
street or other public place, or remove from the street
or other public place, any property of the grantee
when required by the city manager by reason of
traffic conditions, public safety, street vacation,
freeway and street construction, change or
establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, and
tracks or any other type of structures or
improvements by public agencies; provided,
however, that the grantee shall in all such cases have
the privileges and be subj ect to the obligations to
abandon any property of the grantee in place, as
provided in section 7 - 45 hereof. (Code 1958, § 7A -
maintenance expense necessarily incurred in making
such examination shall be paid by the grantee.
Sec. 7 - 47. City manager's action upon
(b) The grantee shall prepare and furnish to the g
city manager and the city finance director at the times r
and in the f orm prescribed by either of said officers, a
such reports with respect to its operations, affairs, n
t
e
e
'
s
failure to perform street work.
Upon failure of the grantee to commence ,
pursue, or complete any work required by law or by
the provisions of this chapter or by its franchise to be
done in any street or other public place, within the
time prescribed, and to the satisfaction of the city
manager, the city manager may, at his op tion, cause
such work to be done and the grantee shall pay to the
city the cost thereof in the itemized amounts reported
by the city manager to the grantee within thirty (30)
days after receipt of such itemized report. (Code
1958, § 7A - 31)
Sec. 7 - 48. Agr eement for joint use of utility
poles to be filed with city manager.
When any portion of the CATV system is to be
installed on public utility poles and facilities,
certified copies of the agreements for such joint use
of poles and facilities shall be filed with the city
manager. (Code 1958, § 7A - 32)
Sec. 7 - 49. Inspection of grantee's property and
records by city.
(a) At all reasonable times, the grantee shall
permit any duly authorized representative of the city
to examine all property of the gr antee, together with
any appurtenant property of the grantee situated
within or without the city, and to examine and
transcribe any and all maps and other records kept or
maintained by the grantee or under its control which
deal with the operations, affair s, transactions or
property of the grantee with respect to its franchise. If
any such maps or records are not kept in the city, or
upon reasonable request made available in the city,
and if the council shall determine that an examination
thereof is necessa ry or appropriate, then all travel and
Boynton Beach Code
12
transactions or property, as may be reasonably
necessary or appropriate to the performance of any of
the rights, functions or dut ies of the city or any of its
officers in connection with the franchise.
(c) The grantee shall at all times make and
keep in the city full and complete plans and records
showing the exact location of all CATV system
equipment installed or in use in stree ts and other
public places in the city.
(d) The grantee shall file with the city manager,
on or before the last day in June of each year, a
current map or set of maps drawn to scale, showing
all CATV system equipment installed and in place in
streets and other public places of the city. (Code
1958, § 7A - 33)