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O68-17ORDINANCE NO. 68 1 7 AN ORDINANCE OF THE CITY OF BOYNTON BI~.ACH, FLORIDA, GRANTING A NON-EXCLUSIVE LICENSE TO TELEPROMPTER CORPORATION TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE MUNICIPAL LIMITS OF SAID CITY; PROVIDING FOR A SEPARABILITY CLAUSE, AN ]EFFECTIVE DATE AND FOR OTHER PURPOSES PREAMBLE WHEREAS, the City Council of the City of Boynton Beach has heretofore determined that it is in the best interest of the municipality to authorize installation of a Community Antenna Television System for the use of residents and inhabitants of said City; and WHEREAS, the City Council has heretofore properly advertised for and requested competitive bids from all interested parties for the privilege of conducting such a business within the mun~ipal limits of the City of Boynton Beach; and WHEREAS, it has heretofore been determined by the City Council that Teleprompter Corporation submitted the best and most advant- ageous bid to the City, pursuant to said request, and based thereon, said corporation has been granted the privilege of conducting subject business within the City, on a non-exclusive basis, pursuant to and in conformity with the provisions of Chapter 7A of the Codified Ordinances of the City of Boynton Beach, Florida~ NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: That Teleprompter Corporation, the successful bidder for the privilege of conducting a Community Antenna Television System within the City of Boynton Beach, Florida, as more particularly set forth in said corporation's formal bid dated May 3, 1968, a copy of which is attached hereto and hereby made a part hereof, is hereby granted and awarded a non- exclusive license to construct, operate and maintain a Community Antenna?.' · Television System within the municipal limits of the City of Boynton Beach for a period of twenty (20) years from the effective date of this Ordinance, all in strict accordance with the terms and provisions of the aforedescribed bid, and in strict accordance with the provisions of Chapter 7A of the Codified Ordinances of the City of Boynton Beach, Florida° which provisions are also hereby adopted by reference and made a part of this Ordinance, and the license hereby awarded. SECTION 2: Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 3: Effective Date: This Ordinance shall become effective in the manner and at the time provided by the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this .~J day of Ju~ly, A.D. 1 968. Second, final reading and passage this 5~ day of t~(~' ", ~' ~'~ , A.D. 1968. ATTEST: 'City Clerk SEAL CITY OF BOYNTON BEACH, FLORIDA By: ..... lan nciimYn /\ . Councilm~ / ~ '--',,zJ CORPORATION - - 50 WEST ~4TId STREET · NEW YO~K S6, NEW YO~K TELEPHONE: JUDSON 2-3800 ~ CABLE ADDRESS "TELEPROMPT" NE'~ YORK May 3rd, 1968 RHS-90-68 Mr. Grady W. Courfney Cffy Manager City o'F Boynton Beach 120 N.E. Second Avenue Boynton Beach, Florida 33435 Re: CATV 'Franchise Bid Dear TelePrOmpTer Corporation respecH:uliy submits the attached Bid Proposal to the City of Boynton Beach, Florida for a Franchise to construct, operate and maintain a cable television system through TelePrompTer Florida CATV, Inc. Very truly yours, Robert Iq. Symons Vice Pres~den. CATV D]vision RHS/iad ·/~rtochmen~s 50 '¢'ESP z~4TN STRE-ET ~ NE\V TELEf~tlONF: JUDSON 2-3800 ~ CABLE ADDRESS May 3~ 1968 ~k'. Grady W~ Co~rtney City l~aager City of Boom. ton Beach 120 11~ E, Second ~%~Fenue Boynton Beach~ Florida 33435 Letter of ~uarantee Dea~~ Mir ~ Courtney: TeiePromeTer Florida gAi"~' Corporation is a wholly=owned subsi~s~y of Teie?rompTer Corporation located at 50 West 4~th Street~ New York~ New York~ TelePr~npTer %~1i agree to g~a~sntee ~he performanc~ of i~s subsidiary ~_der the terms ~nd conditions of the £ranchise for Boynton Bea&n~ ~anted ~d acceloted~ Very truly yours~ ~agene Weirm~ich Treasl/rer Vice President TIE LIEPROMPTER PROPOS~_,D FRANCHISE PA'YMENT SCHEDULE Florida~ Teleprompter Corporation proposes to pay the City of Boynton Beach~ annually, according to the following schedule: Percenta~e of Gross Income: 4% of first $100~ 000 ~ 5% of next S 6% of next $ 7% of next $ 8% of next $ 9% of next $ 10% of next $100,000 20% of all over $$50, 50,000 25,000 25,000 25/000 25,000 000 Teleprompter proposes {o pay the above-listed percentages of gross income or the guaranteed minimum shown on attached sheet, whichever is larger. O O CD CD O O CD CD O O CD O O CD O CD O CD CD CD CD O CD CD CD CD CD CD CD O' O O O CD u~ CD O CD CZ) ~ ~ CO CD C~ '~ ¢~O CO O 'c~ CD O O O O O O CD CD CD O O O O O CD CD O O O O CD CD CD O CD O O O O u'~ CD CD CD CD CD CD (iD CZ) CD O O O CD O CD CD CD CD CD O CD CD CD CD CD CD O O CD CD CD CD CD O O O CD O O O OD OO CO OO CO O O CD O O CD C) CD C) CD CD O CD CD CD CD O CD CD O O CD CD CD CD O 0 0 CD Cb CO PROPOSED Ib-~l'E SCHEDULE BOYNTON BEACH, FLORIDA Type of Service RESIDENTIAL (Single Fam[ly) lnstallatlon, first TV (Free connect[on during system construction) Installation - Second Set (Free if ordered with first installation) Reconnect[on Charge Transfer Relocation of out]ets MULTIPLE FAMILY (8 Units or Less) Installation, first Un]t Additiona] Units (Based on 100% of Units) MULTIPLE APARTMENT (over 8 Units) Installation - First Units 100% of Additional Units COMMERCIAL UNITS Installation all Un]ts Additional Units (100% of Additional Units) HOTEL & MOTEL Installation all Un]ts Mon['hly Service First Unit Next 29 Units (up to 30) Next 20 Units Ail Units over 50 instal Iai[on Charge $4.95 $4.95 $4.95 $4.95 $4 $4.95 $4.95 Time and Material Time and Material Time and Material Ti me and Material Monthly Service Charge $4.95 $1.25 $4.95 $2.50 $4.95 $2.5o .$4.95 $] .50 $1,25 $] .00 Z - 0 ~ ' >,3 ~ o 0 0 0 'C Z ~ o 0 ~ 0 0 0 0 c z o ~ o ® .c_ ~ > o~ 1 cO i ! I I 0 LO 0 0 ~4 LO 0 0 0 0 0 0 ~ 0 0 0 O0 0 LC) 0 tO 0 0 tO 0 0 0 cO o cO 0 co .c 0 0 0 0 0 o .~ 0 0 4-. ~J 0 0 CATV System to be Installed TelePrompTer Florida CATV Corporation will build a 12 Channel CATV system which has the capability of expansion to 20 channels as the need arises. Since the corporation is an independent operating .company, not involved in the manufacture of CATV equipment or cable, it has access without limitation to the best equipment and hardware available to the industry. In the quickly changing CATV technology, no single manufacturer maintains supremacy in any one engineering facet for any length of time. And, as should be the case in a truly free enterprise system, the competition between equipment and hard- ware manu'Facturers af£ords TelePrompTer the opportunity to select'the best available equipment. The high quality o£ service consistently provided by. TelePrompTer Corporation in its systems across the country is a result of the most demanding construction specifications, That quality of service would be maintained in Boynton Beach, and construction would be carried out under the direct and painstaking supervision of TelePrompTer's engineering manc~gement. The system will comprise the latest solid state, electronic equipment, which will surpass ~he Operational Standards spelled out in Sec. 7A~27 of the Boynton Beach Code. In all sections of the City where the cables, wires or other like facilities of public utilities are placed underground, TelePrompTer Corporation shall place its cables, wires or llke facilities underground, to the maximum extent that existing technology reasonably permits the Corporation to do so. SERVICE PROPOSED Channel Sta['[on Type Source 6 7 I0 12 23 (UHF) 2 WTHS-TV 4 WTV..h. TV 5 WPTV-TV WCJX-TV WCKT-TV WLBW-TV WEAT-TV WAJA-TV Weather Station/FM Music Emer. gency Alert System Corem un ity Cha'nnel,/Loca 1 Origination Studio New Channel/Stock Market Channel ET~/ M]am] CBS Mk~mi NBC West Palm Beach IND M]ami NBC M]am] ABC Miami ABC West Palm Beach 1ND Miami Special Service Local Special Servlce Local Special Service local Special Service American Stock Exchange New York Stock Exchange TelePrOmpTer Corporc~tion wll[ engineer and construct this plant to carry not only the above lisfed programming but also to'have the capability to expand twenty (z20-) channels when the additional channel space is required. Plant expansion by TelePrompTer wlJl proceed at the same pace aJ~d in most cases the same area as the wafer, power and other commun]catJon utilit[es. TelePrompTer offers to connect with a service drop, free of connection charge and fre8 of_monthly service charges,the following: 2. 3. 4. 5. Schools - public and parochial Schools for handicapped and retarded children Police Department Fire Department and (~ll sub-statiOns Alt mun[clpal buildings, were possible If Educational programs are originated by the local school systems, present or future, TelePrompTer will distribute these signals on the cable system without charge. TelePrompTer will offer af no Charge fo the City, tower space for the City's two-way radio transmitting at, feima if the City would choose fo use such space. TelePrompTer offers its two-way communication facilities, both mob[ie and fixed base, for use by the City i.n the event of' any emergency declared by the Mayor or City Manager. PUBLIC UTiLiTY AGREEMENT(s) Upon grant of a franchise, TelePrompTer Corporation will immediately negotiate a contract with the appropriate public utility for pole llne attachments and right-of-way, and will file with the City a copy of any and all such agreements. PROPOSED SERVICE AREA TelePrompTer Corporation will request City authority fo cons','rucf its CATV system w~thln the corporate limits of the City of Boynton Beach, as shown on the attached map. TELEPRO~v~PTER~ LOCAL POLICY The Boynton Beach cable television system will be engineered and constructed by professional people who are pro{:icient in their respective it is the practice of TelePrompTer Corporation fo hire and train local people to fill the various job classifications required° Ail office furniture, office supplies, vechlcles, banking, office spuce, storage areas, land and real estate leases and many other services are secured locally. TelePrompTer personnel are encouragedl to own their homes, particiF~te in local activities and are urged fo join and work in civic and political organizations. TelePrompTer Corporation hereby speclflcally agrees to meet or exceed c~ll requTrements stated in Chapter 7A, Community Antenna Television Systems, Sections 7A-1 through 7A:-33, Boynton Beach Code. PERFORMANCE BONDS TelePrompTer Corporation will upon the effective date of frcmchise deliver to the City of Boy,fan Beach a corporate surety bond in the amount of $15,000, which will meet the spec]ficatlons set forth in Sec. 7A-19 of the Boynton Beach Code. in addition, the Corporation as evidence o~: its good faith will post within 30 days from the grant of a franchise a Performance Bond in the amount of $100~000, returnable oniy upon commence- -merit of construction. INDEMNIFICATION OF CiTY TeleprompTer Corporation will meet ail of the insurance and indemn[flcatlon requirements set forth in Sec. 7A-20 of the Boynton Beach Code. FI NANC!AL STATEMENT A copy of the 1967 Annual Report of TelePrompTer Corporation is attached. The Report includes audited financial statements for the year ended December 31st, 1967. TelePrompTer Florida CATV Corporation has had no operations to date, having recently b'een formed, an8 the parent corporation guarantees its obligation under the franchise in the Letter oF Guarantee included with this Bid Proposal.