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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)