Loading...
O82-11AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A NON'EXCLUSIVE LICENSE TO UTA CABLE CORPORATION TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN CERTAIN AREAS OF THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the UTA Cable Corporation has requested a non-exclusive easement to furnish cable television to certain areas in the City of Boynton Beach. WHEREAS, the City Council of the City of Boynton Beach has herefore determined that it is the best interest to the municipality authorizing installation of a community antenna television system for the use of residence and inhabitants of said city; and, WHEREAS, the application and amendment to the application attached to this Ordinance as Exhibit "A" and "B" have 'been reviewed by the City Council; and, WHEREAS, the City Council has herefore determined that it is in the best interest for the municipality to authorize installation of a community antenna television system for the use of residents and inhabitants of said city; and, WHEREAS, a review of the application is found to be in conformity-with the provisions of Chapter 7A of the codified ordinances for the City of Boynton Beach, Florida. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The UTA Cable Corporation has submitted an application for the privilege of conducting community antenna television systems within the City of Boynton Beach (said application and amendment to application is attached hereto as Exhibits "A" and "B" of said ordinances and made part hereof by reference). Said UTA Cable Corporation is hereby granted and awarded a non-exclusive license to construct, license, operate and maintain a community antenna television system within certain area of municipal limits of the City of Boynton Beach (as described within Exhibit 1 to Exhibit "A" of this ordinance) for a period of twenty (20) years from the effective date of this ordinance, in strict accordance with the terms and provisions of the aforedescribed application and amendment to the application and in strict accordance with the provision of Chapter 7 of the codified ordinance of the City of Boynton Beach, Florida: which provisions are hereby also adopted by reference and made a part of this ordinance and the license hereby awarded. Section 2. Each of the provisions of this ordinance are severable including word, clause, phrase, or sentence, and if any portion hereof shall be declared invalid~ the remaining portion shall not be affect&~ but shall remain in full force and effect. 'Section 3. Effective Date. This ordinance shall become effective at the time of seCond reading and final passage. of FIRST READING ~'. SECOND READING AND FINAL PASSAGE , 1982. day of~___1982 this ~~ day CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk (Corp. Seal) -2- Sections 7-1(a) and 7-25 Although these Sections do not appear to be applicable, it is intended that the channels and service to be pro- vided by UTA shall not be inconsistent with the Rules and Regulations of the Federal Communications Commission. Please see Exhibit 2(c)~ Proposed Services. Section 7-6 UTA shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of a franchise pur- suant to.the provisions of Chapter 7. Section 7-24 UTA proposes to pay an annual franchise fee to the City of BOynton Beach, consistent with the Rules and Regula, tions of the Federal CommunicatiOns Commission, in the amount of 3% of the gross annual receipts received by UTA directly or indirectly from subscribers for services within the City, ekcluding installation and~line exten- sion charges or any taxes imposed directly on any sub- scriber or user by any city, s~ate or other governmental unit-. Applicant shall make payment of the franchise fee within 15 days after applicant, in 'accordance ~ith subsection (b), _files its financial'statements for the calendar year-(or portion thereof) cove~ed by such statements. ' 'Se c't~i'o'ns -7'-'2:9: 'a'nd' -7'-'3 0 UTA.will, upon its acceptance of' the franchise, deliver torte City of Boynton Beach the required performance bonds and insurance policies. Section '7-'42 UTA will construct its system and provide 'the services enumerated herein when, in UTA's opinion, a reasonable number of residential dwelling units within the proposed service area have been~ odcupied~ Accordingly,-UTA will make its application' for' permits under this section as theresidential develoPments'in the proposed service area progresseS° ~Sec~io'~ '7~J43 UTA shall meet or' exceed the operational standards set forth in this section for' installing and maintaining a CATV system. -4- ~nd will incorporate that system into its'CATV operation upon granting of the franchise. UTA has ~dequate financial ability to complete the construction and installation of the pro- posed CATV system. Please refer to the finan- Cial statement which is attached hereto as Exhibit 3. e UTA shall provide such supplementary, additional or other information as the Council may deem reasonably necessary to determine-whet~er the requested franchise should be granted. ~ This application shall neither be construed as prejudicial to nor 9. waiver of any right which UTA may have to serve the development kn6wn as Boynton Lakes. -3- The components of the system will be state-of-the-art, proVided by nationally recognized and reputable CATV equipment.manufacturers° The system, will be construct- ed in compliance with the requirements of Chapter 7 of. the Boynton Beach Code, and will be maintained by fully qualified CATV technicians under the supervision of UTA engineers. Wherever practicable, local personnel will be hired and trained by UTA. To maintain the aesthetic qualkty of Boynton Beach, UTA will endeavor to place all of its .cable underground and, therefore, does not anticipate a need for utilizing ex- istin~ pole facilities of any public utilities. Please refer to the map (attached hereto as Exhibit 1) to be used in the placement of applicant's CATV system w~hln the requested service'area. UTA will construct its system in a manner'consistent with other utilities, with a view to placing its cable undergroun~ Wherever feasible~and practical. The location of the system's head-end and antennae facilities will be on the property known, as Boynton Lakes, upon-the Phase I recreation .site. Please refer~to t~e..~ap (attached hereto as Exhibit il). 4. 'The map (attached hereto as Exhibit 1) delineates the proposed service ~area. within which applicant proposes to provide CATV services' and for which"the franchise is requested. Se Please refer to the Schedule 'for proposed.rates and charges to Subscribers for installation and services, attached hereto as composite Exhibit. 2(a), and the proposed service 'agreement with subscribers, attached hereto as Composite Exhibit 2(b). Upon the/~rant of the franchiset UTA will negotiate contracts with the appropriate public utilities for the use of poles or conduit as may be required in the construction' of' its CATV system. Copies of such com- pleted contracts will be 'filed with the City. There are no agreements or understandings (written, oral or implied) e~isting between the applicant and any per- son, firm or corporation with respect to the proposed f=anchise or the proposed CATV operation. It is the intent of UTA to construct a closed-circuit system in the Boynton' Lakes community for the purpose of pro- viding television' re6eption' to the residents therein -2- FRANCHISE APPLICATION £HAPTER 7 OF THE BOYNTON BEACH CODE ARTICLE II Section The applicant is U.T.A. Cable Corporation a Florida corpora%ion, with a principal office at 3300 N.W. 2nd Avenue, Boca Raton, Florida 334.32. UTA shall maintain an.office at a location Which subscribers may~calI without incurring added message or toll charges. The names and addresses of the Officers and Directors: N. ES Leonard Miller ~'President and Director 'ADDRESSES 9555 North Kendall Drive Miami, Florida 33176 irving Bolotin Vice President and ~Director 9555 North Kendall Drive Miami, Florida 33176 .~ ._lan J. Pekor Financial Vice President and Director 9555 No~%h Kendall Drive Miami, Florida 33176 Robert COle Secretary and Director 9555 North Kendall Drive Miami, Florida 33176 -Martin L. Riefs Vice President 9555 North Kendall Drive Miami, Florida 33176 'UTA is a wholly-owned subsidiary of Lennar Corporation, a company listed on the New York Stock Exchange. Lennar Corporation is principally engaged in the design, build- ing and sale of single-family homes, townhomses and one to five-story condominiums in planned communities. Through another wholly-owned subsidiary, F&R Builders, Inc. (~'F&R"), Lennar Corporation is presently developing a residential community in Boynton Beach known as Boynton Lakes. UTA has. n° subsidiaries. UTA will constrUct.a CATV system with a capacity of 54 channels. The system will have a bi-directional capa- bility, with four additional return channels. Initially the system will consist of approximately 20 channels for basic and optional premium services. Bi-directional capability will provide for future introduction of optional auxiliary services, including an intrusion alarm, smoke detection and medical'alert system. Addi- tional optional auxiliary services will be provided as they become available to CATV systems and for which there is an adequate demand. APPLICATION OF i U.T.A. CABLE CORPORATION ~TO CITY OF' BOYNTON BEACH FOR A COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE PURSUANT TO ~ CHAPTER 7 OF THE BOYNTON BEACH CODE Exhibit "A" SCHEDULE OF EXHIBITS EXHIBIT 1 2(a) 2 (b) 3 2(c) Map of Streets and Proposed Service Area Schedule of Proposed Rates and Charges Service Agreement with Subscriber Financial Statement Schedule' of Proposed Services SUBSECTIONS OF SECTION 7-28 (a) 3 and 4 5 15 8 Sections 7-(1) (a) and (25) HyPOLUXO b'19 CANAL CANAL OLD BOYNTON WEST ROAD NEW BOYNTON ROAD ROAD .( INDUSTRIAL N.W. 2nd AVE. LEGEND THOMPSON RD. TAMPA AVE:. SAVANNAH DR. NORFOLK AVE. ANTENNA AND HEAD-END EXHIBIT I PENSACOLA AVE. BRUNSWICK BLVD. BILOXI AVE. BOYNTON LAKES BLVd. N.T.S. - PROPO'SED SERVICE CATV AREA SHOWING PUBLIC STREETS EXHIBIT 2(a) ' ' ~' · SERVICE CHARGES AND SUBSCRIBER RATES CABLE RATES (MONTHLY) Basi c/Convertor 'S erVi ces Primary Outlet (Basic Service-No Convertor) Primary Outlet (Convertor Services) Additional Outlets, each Additional Outlet, each (CoNvertor) Multi-Unit Complexes - Bulk Billing Installation Primary Ou{let, underground Primary Outlet~ aerial Primary Outlet~ apartment Additional outlets, each Relocate (inside) Relocate (outside) Reconnection~ non-payment Standard installations, up to 150 feet; Additional footage at $1o00 aerial; $2.00 underground; custom installations as negotiated. PREMIUM PROGR_A/v~4I'NG RATES~(MO.NTH~LY) First premium/~Dor'tS/News/Ch-i, ldren-,S./Cultura1 Channels ' ~- Primary Outlet Additional Outlet Second P'remi~m' P'ro'~,,r'a~ ~an,d- .Ea-.ch- 'Subse~'uent Primary Outlet Additional Outlet Installation '(If not installed at time of initial cable service)~ Primary Outlet Additional Outlets, each ~U~ILIAR¥ 'SERVICES To be determined when initiated FM RATES '(MONTHLY) Primary Outlet AdditiOnal Outlet I'nstal'lati~n Primary'..Ou%l'e~ DEPOSIT $ 7.95 4.00 4.00 6.00 open $40.00 25.00 50.00 7.50 15.00 1.5.00 25..00 $10.45 No Charge $ 9.25 No Charge. $20.00 · 7°50 $ 2.50 No Charge $12.50 open I · 01'AL t%'~K D=. SIR,ED PRICE J , J , I ~ I U U LENGTH OF DROP CABLE -i- LJL ......... I PREPAH[: D BY- DATE:_ CITY: [ r,:OTES TO I"~STALL E R INSTALL: COLLECT SCHEDULED RE~CHEDULED R£SCHEDULEO . CUST O~'~E R ACCEPTANCE I I'~STALLATION BASIC PREMiUmS, ADD'L OUTLET FM ' SERVICE ~30NTHLY AM [] ~ , AM[~ . , AM [] PREMiUm. 2, 5. TOTAL UTA Ca~Te Corporal;on 3300 ~orthwest 2nd Avenue Boca Raton, Florida 33432 EXHIBIT 2(b) TERMS AND CONDITIONS FOR CABLE TELEVISION SERVICE 1.- Either the Subscriber or the Company may terminate this agreement for any reason and at any time on thirty days notice in writing or as otherwise provided hereinbelow. If at any time the Subscriber is not satisfied with the service or repairs or other facilities provided under this agreement, it is understood and agreed that-the Subscriber's exclus'ive remedy shall be limit- ed to such right of termination and the Company shall have no other or further liability to the.Subscriber. 2. Subscriber does hereby grant to Company the right to enter upon and over the premises at the above address at any time for purposes of connecting the service, inspecting, ad- justing, repairing, moving or removing it; and Subscriber also agrees that all of the Company's materials and facilities used by it for the_ transmission of the television signal service and connection in Subscriber, s premises, including the terminal of the service wire, shall always remain the property of the Company. 3. Subscriber. agrees not to. move, disturb, alter or change any of the locations of any of the Company's materials or facilities; and also not to connect or attach,' directly or indirectly any addi- tional'television set or any other device to any of the Company's facilities, if Subscriber requests relocation of the service wire from the oriqinal place of connection, Subscriber shall pay for same on a cost plus time and material basis, ifa'not standard relocation. 4. Company shall not be liable for any inconvenience, loss, liability, or damage 'resulting from any failure or interruption' of signal service,' directly or indirectly cauSed~by, or proximately resulting from any circumstances' beyond its control; including, but not limited to~ failure of-the 'tel'eVision signal at the transmitter 'for any cause whatsoever; denial of use-of.poles or other facilities of a telephone Company or' power company; strike, labor-dispute, fire~ fiood, riot, invasion, war,-aircraft; explosion, earthquake, wind, tornado, malicious mischief, failure 'or reduction of power, any mechanical failure or channel' dislocation, or any court order, law or ordinance,, civil or military, restricting or prohibiting the use or operation of the system by the Company. Subscriber agrees that Company is not responsible for the Operation, maintenance, service or repair of Subscriber's teIevision or radio set or sets. 5. Subscriber understands that Company uses telephone or power pOles in providing service 'and that this continued use cannot be guaranteed; therefore, in the event it is de~ied for any reason, the service provided hereunde~ may be interrupted or discontinued and if Company after reasonabl'e 'efforts is unable in its discretion to pro- vide service over alternate 'routes Subscriber agrees he will make no claim against Company, .or' the 'tel'ephone 'company, or' power company, for said interruption' or' termination' of ser'vices. 6. If Subscriber is not the owner of the premises to be served under this agreement, Subscriber represents and warrants that Subscriber has the consent of' the owner for' the programs and service contemplated hereunder and agrees to indemnify and hold Company harmless from any and all claims of' such owner arising out of the performance of this agreement. - 7. This agreement, and the service furnished hereunder is not assignable, or to be sublet, without the written consent of Company. 8. The Subscriber shall notify the Company of any change of occupancy or ownership of the premises inm~ediately on such transfer of ownership or tenancy. Nothing in this agreement shall be con- strued to give the Subscriber the right to sell or assign, or the successor tenant or occupant to acquire, any rights to use of any of the inStallation or service provided by the Company. 9. Subscriber agrees to give authorized representatives of Company access at all reasonable timgs to inspect and maintain convertor units and to remove the units at the termination of this agreement. 10. Subscriber acknowledges that Company has the right at any time to preempt without prior notice specific programs advertised' as available-to Subscriber and to substitute what Company deems to be programming of comparable quality. In addition, Company reserves the right to increase or change the applicable fees upon thirty (30) days' ~written notice to Subscriber; however, Subscriber retains the right to cancel the program or services. I1.. Company acknowledges the receipt of the refundable deposit, if any, listed on reverse side. At the termination of this agreement,_ the Company or its successor in interest shall return to Subscriber within (30) days of the disconnect a sum equal to said deposit less any applicabl.e deductions. 12. A Subscriber' in arrears at the time of a disconnect will be assessed a $!0.00 disconnec't fee, which deduction may be made from the refundable deposit. No deductions will be made if the account '-~ if fully paid. and all Company equipment is received by Company.. ~ 13. This agreement may be terminated by Company and the equipment removed without prior notice if Subscriber; (A) breaches the covenants contained in this agreement, or (B) fails to pay the monthly service Charge. Agreement may be terminated by Subscriber at any time by giving THIRTY (30) DAYS' WRITTEN NOTICE and cooperating with Company in the removal of Company equipment from Subscriber's home. ATTEMPTS BY COMPANY TO ACT UPON NOTICE WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS CONTRACT DO NOT CONSTITUTE A WAIVER OF THE NOTICE PROVISIONS CONTAINED HEREIN. 14. The convertor unit and other property delivered to Subscriber shall remain the property of Company. Subscriber assumes the risk of loss, theft or damage to the convertor units at all times prior to-the removal of the units by Company and stipulates that the value of each unit is $175.00. Subscriber, in addition to his obligation to re- imburse Company for the cost of the convert~r units, shall be respon- sible for attorneys"fees, '(and attorneys' fees, on appeal, if any) together with court coSts plus interest at the highest rate allowed by law incurred by Company due to loss of or damage to Company equip- ment or other breach of this agreement by Subscriber. 15. Company warrants that its home convertor units are free of defects in material and workmanship and agrees to replace any con- vertor unit which is found to be defective. Company shall have no liability of any nature for failure or interruption of program transmission service caused or proximately resulting from any circumstances beyond its control. In any other' case of program interruption or service~ Company's sole obligation shall be at its option t6 ~ither make available comparable programming or to refund to Subscriber the amount paid directly ~or such programs or service. 16. Subscriber covenants and agrees not to duplicate, reproduce, videotape, or.use the programming or'equipment provided hereunder for any purpose except home use on television sets converted to the movie channels by the Cbmpany. 17. Subscriber agrees to pay any local, state, or federal taxes imposed or levied on or with respect ~o any and all services and programs, the maintenance and service charge, and the sale of programs or other services, or any of them by reason of this agreement or any amendment thereto° The monthly service charges herein provided for will not be increased by the Company without 30 days' prior written notice to the Subscriber. 18. Ail charges and amounts remaining unpaid hereunder-for fifteen · days or more shall bear interest at the highest rate allowed by law. She Subscriber has. read both sides of this~Subscriber Agreement and Service Work Order and agrees to its terms and conditions and acknowledges receipt of all of the equipment listed and confirms that the installation was completed to the Subscriber's satisfaction. Subscriber Date EXHIBIT 3 U.T.A. CABLE CORPORATION FINANCIAL STATEMENT JANUARY 31, 1982 (UNAUDITED) Respect ed By: Allan J. Pekor ~ Financial Vice President U.T.A. Cable Corporation U.T.A. CABLE CORPORATION FINANCIAL STATEMENT JANUARY 31, 1982 (UNAUDITED) ASSETS: Cash Inter-Company Advance from Parent Company (NQTE 1) Material Inventory Property and Equipment Less Accumulated Depreciation $42,371 $ 1,210 250,000 2,687 39_,368 Total LIABILITIES ~ND EQUITY: Accounts Payabt e Accrued Expenses and Other Liabilities Due to Affiliated Companies Total Liabilities STOCKHOLDER ' S EQUITY Common Stock Additional Paid-in-Capital Deficit Total $ 293~ $ 3,438 223 308,675 $ 312m336 $ 100 900 320,071) (19,07~) $ .293.,265 NOTE 1 Inter-Company advances represent funds that are available when required from the paten% company. EXHIBIT 2 (c) SCHEDULE OF PROPOSED SERVICES The channels and services to be provided shall not be inconsistent with the Rules and Regulations of the Federal Communications Commission. Basic Cable Service Channel St~ation ' -'T_..y_p_~ Source 2 WPBT-TV 4 _ WTVJ-TV 5 WPTV-TV 6 WCIX-TV 7 WCKT-TV 10 WPLG-TV 12 WPEC-TV- 34 WTVX-TV PBS Miami CBS Miami NBC West Palm Beach IND Miami NBC Miami ABC Miami ABC West Palm Beach CBS Ft. Pierce Community Service channel (including date, time, weather, local advertisements and public service announcements). UTA will make .available for inclusion in Basic Convertor Cable Service: Basic Cable Service Channel's. channel to transmit educational programming originated by the school system of the City of Boynton Beach, when requested by City.' Co~mmunity/government access channel. Emergency Alert system for use 'of City oS Boynton Beach. Channel 42, ~PF-TV (PBS),' Boynton Bea'ch, when operational. Channel 45, WHFT-TV (IND)~ Miami; and Channel 51~ WKID-TV (IND), Fort Lauderdale~ dependent uponsignal.'strength and viewership, i (Channels not. operated full-time may be consolidated.) SDecial Proqrams (with a separate 'and distinct charge to the the subscriber), to be prov'ided from the following: 24-hour news Channel; Premium Programming (e.g., Home Box Office, Showtime, Movie Channel-, etc.'); Sports channel (e.g., .ESPN, USA Network, etc.); Young People's Programming (e.g., Nickelodeon, Calliope, WLRN-TV/Miami); Super Stations (e.g.', Channel' 9/WOR-TV, New York; Channel 9/WGN-TV Chicago, Channel 17/WTBS-TV, Atlanta); Cultural Programming .(e.:g., ARTS, CBS Cable). UTA will provide basic cable service, in the proposed service area, free of connection charges and free of monthly service charges, to ~the following: 1. Schools - public and parochial 2. Schools - for handicapped and retarded children 3. Police Department and all sub-stations 4. Fire Department and all sub-stations 5. Ail municipal buildings.- In addition to the Emergency Alert ~ys%em, UTA will utilize its' communication~ facilities to assist the City in %he event of any emergency declared by the Mayor or City Manager. AMENDMENT TO APPLICATION OF U.TLA. CAB~ ICORPORATIDN TO CITY OF BOYNTON BEACH FOR A CO~UNITY ANTENNA TMLEVISION SYSTEM FRAi~C~{ISE PURSUANT TO CHAPTER 7 OFTHE BOYNTON BEA(3~ CODE Exhibit "B" The following shall amend U.T.A. 's Applicatio to the City for a franchise to install and ~aintain a CO~T~P/ty antenna television system pursuant to Chapter 7 of the Boynton Beach Code: 1. Ail cable installed in connection with either new construction or the replacement thereof shall have a 400 MHz capacity (~capable of transmitting 54 channels)..: :Subject to. the-.p~ovisions contained in section 7~42~-of, .the Application, U.T.A. shall make available to the City 2 channels for governmental or cc~xaunlty service progranm~ng. 2. U.T.A. shall respond to the location of service calls from its sub- scribers by the end of the calendar day next following the day the cc~plaint or call is received by U.T.A. A reasonable amount Of additional time for repair shall be permitted in the event of any force majeure as provided in the following sentence or in the event U.T.A.'s service representative determines t~mt additional parts or materials are required and are not locally available. In the event that performance by U.T.A. of any of its obligations set forth herein is delayed as a result of a system outage, storm damage, act of God, strike, labor unrest, failure of any supplier, material 'shortages or other circumstance beyond the control of U.T.A., U.T.A. shall be accorded a reasonable perio~ of additional time in which to complete such performance. 3. U.T.A. shall pay to the City annually an an~unt equal to three percent (.3%~ of the annual gross revenues taken in and received by it with- in the City ~k~ring the year for the 'use of the streets and other facilities of the City in the operation of the CATV syst~ca and for the ~a%icipal super- vision thereof. "Annual gross revenues" raeans all revenue derived directly or indirectly by U.T.A., its affiliates, subsidiaries, parent and any person in which U.T.A. has a financial interest, from providing cable television services w~thin the City, including basic and pay subscriber monthly service fees, installation and reconnection fees, leased channel fees; provided, however, that this shall not include any taxes on services furnished by U.T.A. imposed directly upon any subscriber or user by the State of Florida or by any local or other governmental unit and collected by U.T.A. on behalf of said taxing authority. This payment shall be in addition to any other tax or payment owed to the City by U.T.A.* 4. Section 7-29 and 7-30 shall be arae~ded by the follc~ing, ". · provided, however, the an~unt of the perfo/m~nce bond shall be $50,000, which may be reduced from time to time by the City." *Replaces the first paragraph of Section 7~24 of the Application.