O66-24ORDINANCE NO. 66 - 24.
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, PROVIDING FOR THE GRANTING OF
FRANCHISES FOR COMMUNITY ANTENNA TELEVISION
SYSTEMS~; PROVIDING TERMS AND CONDITIONS FOR
THE OPERATION OF SUCH COMMUNITY ANTENNA
TELEVISION SYSTEMS AND FEES THEREFOR; PROVIDING
FURTHER FOR AUTHORITY TO CODIFY~ SAVINGS
CLAUSE, AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
The City Council of the City of Boynton Beach, Florida, does hereby
ordain as follows:
Section 1. DEFINITIONS. For the purpose of this Ordinance, 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 the singular number, and words
in the singular number include the plural number.
(a) "City" shall mean the City of Boynton Beach, a
municipal corporation of the State of Florida, in its present incorporated
form or in any later reorganized, consolidated, enlarged or re-
incorporated form.
(b) "Council" shall mean the present governing body of
the City or any future board constituting the legislative body of the City.
(c) "Franchise" shall mean and include any authorization
granted hereunder in terms of a franchise, privilege, permit, license
or otherwise to construct, operate and maintain a CATV system in the
City. Any such authorization, in whatever terms granted, shall not
mean and include any license or permit required for the privilege of
transacting and carrying on a business within the City in accordance
with Chapter 15 of the Code of Ordinances of the City of Boynton Beach,
Florida.
(d) "Grantee" shall mean the person, firm:~or corporation
to whom or which a franchise, as hereinabove defined, is granted by
the Council under this Ordinance, and the lawful successor, transferee
or assignee of said person, firm or corporation.
(e) "Street" shall mean the surface of and the space above
and below any public street, road, highway, freeway, lane, path, alley,
court, sidewalk, parkway, or drive, now or hereafter existing as such
within the City.
(f) "Property of grantee" shall mean all property owned,
installed or used by a grantee in the conduct of a CATV business in the
City under the authority of a franchise granted pursuant to this Ordinance.
(g) "CATV" shall mean a community ahtenna television
system as hereinafter defined.
(h) "CommunityAntenna Television System" shall mean a
system of antenna, ¢o axial 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
or include the transmission of any special program or event for which
a separate and distinct charge is made to the subscriber in the manner
commonly known and referred to as "pay television".
(i) "Subscriber" shall mean any person or entity receiving
for any purpose the CATV service of a grantee.
(j) "Gross Annual Receipts" shall mean any and all
compensation and other consideration in any form whatever and any
contributing grant or subsidy received directly or indirectly by a
grantee from subscribers or users in payment for television or FM
radio signals or service received within the City.
Gross Annual Receipts shall not include installation and
line extention charg~s,~ or any taxes on services furnished by the
grantee imposed directly on any subscriber or user by any city, state
or other governmental unit and collected by the grantee for such
gore rmmental unit.
Section 2. EXCLUSIVE USE OF TELEPHONE FACILITIES. When
and in the event that the grantee of any franchise granted hereunder
constructs, operates and maintains a CATV system exclusively through
telephone company facilities constr~'ated, operated and maintained pursuant
to a state-granted telephone franchise and offers satisfactory proof that in
no event during the life of such franchise shall the grantee make any use of
the streets independently of such telephone company facilities, said grantee
shall be required to comply with all of the provisions hereof as a "licensee"
and in such event whenever the term "grantee" is used herein it shall be
deemed to mean and inclu de "licensee".
Section 3. ~ANCHISE TO QPERATE. 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 any person, firm or corporation,
whether operating under an existing franchise or not, who or which offers to
furnish and provide such system under and pursuant to the terms and
provisions of this Ordinance.
No provision of this Ordinance may be deemed or construed as to
require the granting of a franchise when in the opi6ion of the Council it is in
the public interest to restrict the number of grantees to one or more.
Section 4. USES PERMITTED BY GRANTEE, Any franchise
granted pursuant lo the provisions of this Ordinance shall authorize and
permit the grantee to engage in the business of operating and providing a
CATV system in the City, and for that purpose to erect, install, construct,
repair, replace, reconstruct, maintain and retain in, on, over, under, upon,
across and along any public street,
ducts, conduit, vaults, manholes.
such poles, wires, cable, conductors,
amplifiers, appli~ances, attachments,
and other property as may be necessary and appurtenant to--~the CATV
system; and in addition, so to use, operate, and provide similar facilities
or properties rented or leased from other persons, firms or corporations,
including but not limited to any public utilit~ or other grantee franchised
or permitted To do business in the City. The grantee shall not use the system
to interfere or conflict with the services offered by public utilities
regulated by the Public Service Commission.
No franchise granted hereunder shall be construed as a franchise,
permit or license to transmit any special program or event for which a
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separate and distinct charge is made to the subscriber in the manner
commonly known and referred to as "pay television", and no grantee shall
directly or indirectly install, maintain or operate on any television set a
coin box or any other devise or means for collection of money for
individual programs.
The grantee may make a charge to subscribers for installation
or connection to its CATV system and a fixed monthly charge as filed and
approved as herein provided. No increase in the rate and charges to
subscribers, as set forth in the schedule filedand approved with grantee's
application, may be made without the prior approval of the Council
expressed by resolution.
Section 5. DURATION OF FRANCHISE. No franchise granted
by the Council under this Ordinance shall be for a term longer than twenty
(20) years following the date of acceptance of such franchise by the grantee
or the renewal thereof.
Any such franchise granted hereunder may be terminated prior
to its date of expiration by the Council in the event that sa id Council shall
have found, after thirty (30) days' notice of any proposed termination and
public hearing, that:
(a) the grantee has failed to comply with any provision of
this Ordinance, or has, by act or omission, violated any term or condition
of any franchise or permit issued hereunder; or
(b) any provision of this Ordiance has become invalid or
unenforceable and the Council further finds that such provision constitutes
a consideration material to the grant of said franchise~ or
(c) the City acquires the CATV system property of the
grantee.
Section 6. FRANCHISE PAYMENTS. Any grantee granted a
franchise under this Ordinance shall pay to the City, during the life of such
franchise, a fee to be established by either negotiations between the grantor
and the City or by receipt of competitive bids for said franchise received
pursuant to specifications and terms established by the City Council.
Such payment by the grantee to the City shall be made annually, or
as otherwise provided in the grantee's franchise,
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by delivery of the same to the City Manager of the City, or in his absence
to the City Finance Director.
The grantee shall file with the City, within thirty (30) days
after the expiration of any calendar year or portion thereof during which
such franchise is in force, a financial statement prepared by a certified public
accountant, or person otherwise satisfactory to the Council, showing in
detail the gross annual receipts, as defined herein, of grantee during
the preceding calendar year or portion thereof. It shall be the duty of
the grantee to pay to the City, within fifteen (15) days after the time for
filing such statements, the sum hereinabove prescribed or any unpaid
balance thereof for the calendar year or portion thereof covered by such
statements.
The City reserves the right to establish a minimum amount
which any grantee hereunder shall pay to the City as a base fee hereunder
during any franchise year, with said minimum amount to be determined at
the time said franchise is granted.
The City shall have the right to inspect the grantee's records
showing the gross receipts from which its franchise payments are computed
and the right of audit and recomputation of any and all amounts paid under
this Ordinance. No acceptance of any payment shall be construed as a
release or as an accord and satisfaction of any claim the City may have for-
further or additional sums payable under this Ordinance or for the
performance of any other obligation hereunder.
In the event of any holding over after expiration or other
termination of any franchise granted hereunder, without the consent of the
City, the grantee shall pay to the City reasonable compensation and
damages, of not less than one hundred percent (i00~0) of its total gross
profits during said period.
Section 7. LIMITATIONS OF FRANCHISE.
(a) Any franchise granted under this Ordinance shall be
non-exclusive.
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(b) No privilege or exemption shall be granted or conferred
by any franchise granted under this Ordinance except those specifically
prescribed herein.
(c) Any privilege claimed under any such franchise by the
grantee in any street or other public property shall be subordinate to any
prior lawful occupancy of the streets or other public property.
(d) Any such franchise shall be a privilege to be held in
personal trust by the original grantee. It cannot in any event be sold,
transferred, leased, assigned or disposed of, in whole or in part,
either by forced or involuntary sale, or by voluntary sale, merger,
consolidation or otherwise, without the prior consent of the Council
expressed by resolution, and then only under such conditions as may
therein-be prescribed. Any such transfer or assignment shall be made
only by an instrument in writing, a duly executed copy of which shall be
filed in the office of the City Manager within thirty (30) days after any
such transfer or assignment. The said consent of the Council may not
be arbitrarily refused; provided, however, the proposed assignee must
show financial responsibility and must agree to comply with all
provisions of this Ordinance; and provided, further, that no such consent
shall be required for a transfer in trust, mortgage or other hypothecation
as a whole, to secure an indebtedness.
(e) Time shall be of the 'essence of any such franchise granted
hereunder. The grantee shall not be relieved of his obligation to comply
promptly with any of the provisions of this Ordinance or by any failure
of the City to enforce prompt compliance.
(f) Any right or power in, or duty impressed upon, any
officer, employee, department, or board of the City shall be subject
to transfer by the City to any other officer, employee, d~.partment, 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 Ordinance or of any franchise issued
hereunder or because of its enforcement.
(h) The grantee shall be subject lo ali requirernents of City
ordinances, rules, regulations and specifications heretofore or here-
after enacted or established.
(i) Any such franchise granted shall not relieve the grantee of
any obligation involved in obtaining pole space from any deparlrnenl of
the City, utiliiy cornpany, or from others rnainlaining poles in slreets.
(j~ Any franchise granled hereunder shall be in lieu of any
and all other rights, privileges, powers, i~rr~nities, and authorities
owned, possessed, conlrolled, or exercisable by grantee, or any
successor lo any interest of grantee, of or pertaining to the
construction, operalion, or maintenance of any CATV system in the
City~ and the acceptance of any franchise hereunder shall operate, as
belween grantee and the City, as an abandonment of any and all such
righls, privileges, powers, ir~aaunilies, and authorities within
City; to the effecl that, as belween grantee and the Cily, any and all
construction, operation and rnaintenance by any grantee of any CATV
system in the City shall be, and shall be deerned and construed in all
inslances and respecls lo be, under and pursuant lo said franchise,
and not under or pursuant to any olher right, privilege, power,
imrnunity, or authority whatsoever.
Section 8. RIGHTS RESERVED TO THE CITY.
(a) Nothing herein shall be deemed or consirued lo impair or
affect, in any way, to any extent, lhe right of the City lo acquire the propert
of the grantee, either by purchase or through the exercise of the right
of eminent domain, at a fair and just value, which shall nol include any
arnounl for the franchise ilself or for any of the rights or privileges
granted, and nothing herein contained shall be conslrued to contracl
away or to modify or abridge, eilher for a term or in perpetuity, lhe
City's right of eminent domain.
(b) There is hereby reserved to the City every right and power
which is required lo be herein reserved or provided by any ordinance of
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the City, and the grantee, by its acceptance of any franchise, agrees to
be bound thereby and to- comply with any aciion or requirements of the
City in its exercise of such rights or power, heretofore .or hereafter
enacted or established.
(c) N~eith erthe granting of any franchise hereunder nor any
of the provisions contained 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 C~ity the power to amend any
section or pa:?t of this Ordiaance 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 govern-
mental 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 Ordinance and
may determine any question of fact which may arise during the existence
of any franchise granted hereunder.
authorized and empowered to adjust,
The City Manager is hereby
settle, or compromise any
controversy or charge arising from the operations of any grantee under
this Ordinance, either on behalf of the City, the grantee, 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 Couac il 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 operations of
any grantee or from any provision of this Ordinance.
Section 9. PERMITS, INSTALLATION AND SERVICE.
(a) Within thirty (30) days after acceptanceof 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 i~tility joint use attachment
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agreements, microwave carrier licenses, and any other permits,
licenses and authorizations to be granted by duly constituted regulatory
agencies having jurisdiction over the operation of CATV systems, or
their associated microwave transmission facilities.
(b) Within ninety (90)'days after obtaining ali necessary
permits, licenses and authorizations, grantee shall commence construction
and installation of the CATV system.
(c) 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 Section 20 hereof, shall be
provided within one (1) year from the date that service was first
provided.
(d) 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, sh~ll be grounds for termination of such
franchise, under and pursuant to the terms of Section 5 hereof; provided,
however, that the Council in' its discretion may extend the time for the
commencement and completion of construction and installation for
additional periods in'the event the grantee, acting in good faith,
experiences~ delays by reason of circumstances beyond his control.
Section 10. LOCATION OF PROPERTY OF GRANTEE.
(a) Any poles, wires, cable lines, conduits or other properties
of the grantee to be constructed or installed in streets, shall be so
constructed or installed only at such locations and in such manner as
shall be approved by the City Engineer acting in the exe~ eise of his
reasonable discretion.
(b) The grantee shall not install or erect any facilities or
apparatus in or on other public property, places or rights-of-way, or
within any privately-owned area within the City which has not yet become
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a public street but is designated or delineated as a proposed public street
on any tentative subdivision map approved by the City, except those
installed or erected upon public utility facilities now existing, without
obtaining the' prior written approval of the City Engineer and City
Manager. (Continued on Page 10(a) attached hereto. )
(c) In those areas and portions of the City where the
transmission or distribution facilities of both the public utility providing
telephone service and those of the utility providing electric service are
underground or hereafter may be placed underground, then the grantee
shall likewise construct, operate and maintain all of its transmission
and distribution facilities underground. For the purposes of this
subsection, "underground" shal~ include a partial underground system,
e.g. streamlining. Amplifiers in grantee's transmission and
distribution lines may be in appropriate housings upon the surface of
the ground as approved by the City Manager and City Engineer.
Section 11. REMOVAL AND ABANDONMENT 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 continuous period of twelve (12)
months, or in the event such system or property has been installed in
any street or public place without complying with the requirements of grante~
franchise or this Ordinance, or the franchise has been terminated,
cancelled 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 satis-
factory to the City Manager.
(b) Any property of the grantee remaining in place thirty
(30) days after the termination or expiration of the franchise shall be
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The grantee shall not place any fixture or equipment where
the same will interfere with any gas, electric, telephone, or sewer or
water lines, fixtures, and equipment and the location by the grantee of
its lines and equipment shall be in such manner as to not interfere with
the usual travel on said streets, alleys, and public ways, and the use of
the same by gas, electric, telephone, and water and sewer lines and
equipment.
lO(a)
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 manner 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.
Section 12. CHANGES REQUIRED BY i~UBLIC I1VIPROVEMENTS.
The grantee shall, at its expense, protect, suppor~ 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 subject
to the obligations to abandon any property of the grantee in place, as
provided in Section 11 hereof.
Section 13. 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 Ordinance 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 option, 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.
Section 14. FAITHFUL PERFORMANCE BOND.
(a) The grantee shall, concurrently with the filing of and
acceptance of award of any franchise granted under this Ordiance, file
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with.the City Manager, and at all times thereafter maintain in full
force and effect for the term of such franchise 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 & no/100 Dollars ($15, 000. 00), renewable annually, and
conditioned upon the faithful .performance 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 Ordinance, or of any franchise issued
to the grantee hereunder, there shall be recoverable jointly and severally
from the principal and surety of such bond any damages, or toss
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 which 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 there-
after until the grantee has 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,
the City.
or material change, he given to
(b) Neither the provisions of this section, nor any bond-
accepted by the City pursuant hereto, nor any damages recovered by
the City threunder, shall be construed to excuse 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.
Section 15. INDE~INIFICATION OF CITY.
(a) The grantee shall, concurrently with the filing of an
acceptance of award of any franchise granted under this Ordinance,
furnish to the City and file with the City-Manager, and at all tinaes during
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lhe existence of any franchise granled hereunder, mainlain in full
force and effect, at ils own cosl and expense, a liabilily insurance
policy in the amount of One Hundred Thousand ($100,000.00) Dollars
in a company approved by the City Manager and in a form satisfactory
lo the City Attorney, indemnifying and saving harmless lhe City, its
officers and employees from and againsl any and ail claims, demands,
actions, suits, and proceedings by others, against all liability lo
olhers, including but nol limited lo any liability for damages by
reason of or arising out. of any failure by lhe grantee to secure
consents from the owners, authorized distributors or licensees of
programs to be delivered by the granlee's CATV system~ and against
any loss, cost, expense and damages resulting therefrom, including
reasonable allorney's fees, arising out of the exercise or enjoyment
of its franchise, irrespeclive of the amount of the comprehensive
liability insurance policy required hereunder.
(b) The grantee shall, concurrently with the filing of an
acceptance of award of any franchise granted under this OrdinanCe,
furnish lo the City and fil~ with the City Manager and al all times
during the existence of any franchise granted hereunder, maintain in
full force and effect, at its own cosi ~2~..~_xp..c~.se..r.a general comprehensive
liability insurance policy, in protection of the Cily, its officers, boards,
commissions, agents and employees, in a company approved by ihe
City Manager and a form satisfaclory to the City Atlorney, 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, wilh minimum liability timils of Five
Hundred Thousand ($500,000.00) Dollars for personal injury or death
of any one person and One Million ($1,000,000.00) Dollars for personal
injury or death of lwo or more persons in any one occurrence, and
Fifty Thousand ($50,000.00) Dollars for damage lo property resulling
from anyone occurrence.
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(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 reduction 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.
Section 16. INSPECTION OF PROPERTY AND RECORDS.
(a) At all reasonable times, the grantee shall permit any duly
authorized representative of the City to examine all property of the
grantee, 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 recor~ls kept or maintained by the grantee or
under its control which deal with the operations, affairs, 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 necessary or appropriate, then all travel and
maintenance expense necessarily incurred in making such examination
shall be paid by the grantee.
(b) The grantee shall prepare and furnish to the City Manager
and the City Finance Director at the times and in the form prescribed by
either of said officers, such reports with respect to its operations,
affairs, transactions or property, as may be reasonably necessary or
appropriate to the performance of any of the rights, functions or duties
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 e~luipment installed or in use in streets and other public places
in the City.
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(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.
Section 17. OPERATIONAL STANDARDS. The CATV system shall
be installed and maintained in accordance with the highest and best
accepted standards of the industry to the effect that subscribers shall
receive the highest possible service. In determining the satisfactory
extent of such standards the following among others shall be considered:
(a) That~the system be installed using all band equipment
capable of passing the entire VHF and FM spectrum, and that it have the
further capability of comverting UHF for distribution to subscribers on
the VHF band.
(b) That the system, as installed, be capable of passing
standard color TV signals without the introdluction of material
degradation on color fidelity and intelligence.
(c) That the system and all equipment be designed and rated
for 24-hour per day continuous operation.
(d) Thai the system provides a nominal signal level of
2000 microvolts at the input terminals of each TV receiver.
(e) That the system signal-to-noise ratio is not less than
40 decibels.
(f) That hum modulation of the picture signal is less than 5%.
(g) Thai the system use components having a VSWR of 1.4 or
less.
Section 18. MISCELLANEOUS PROVISIONS.
(a) When not otherwise prescribed herein, alt matters herein
required to be filed with the City shall be fiied with the City Manager.
(b) The grantee 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 pursuant to the provisions of this OrdL~ance.
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Such payment shall be made within thirty (30) days after the City furnishes
the grantee with a written statement of such expenses by delivery of same
to the City Manager.
(c) The grantee shall maintain an office within the City limits
or at a location which subscribers may call without incurring added message
or toil charges so that CATV maintenance service shall be promptly
available to subscribers.
(d) No person, firm or corporation in the existing 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
does not pay the applicable connection fee or monthly service charge.
Section 19. USE OF UTILITY POLES & FACILITIES: AGREEI~IENT.
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 pS.les and facilities shall be filed with the City Manager.
Section 20. APPLICATION FOR FRANCHISE.
(a) 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
applicant~ 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 facilities of other public utilities will
be-used for such system.
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(3) A description, in detail, of the public streets, public
places and proposed public streets within which applicant proposes or
seeks authority to construct, ins.~all or maintain any CATV equipment or
facilities; a detailed description of the equipment or facilities proposed to
be constructed, installed or maintained therein; and the proposed specific
location the reof.
(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.
(5) A statement or schedule in a form approved by the
City Manager of proposed rates and charges to subscribers for
installation and services, and a copy of proposed service agreement
between the grantee and its subscribers shall accompany the application.
For unusual circumstances, such as underground cable required, or more
than one hundred fifty (150) feet of distance from cable to connection of
service to subscribers, an additional installation charge over thai
normally charged for installation as specified in the applicant's proposal
may be charged, with easements to be supplied by subscribers. For
remote, relatively inaccessible subscribers within the City, service may
be made available on the basis of cost of materials, labor, and easements
if required by'the grantee.
(6) A copy of any contract, if existing, between the
applicant and any public utility providing for the use of facilities of such
public utility, such as poles, lines, or conduits.
(7) A statement setting forth all agreements and under-
standings~ whether written, oral or implied, existing between the applicant
and any person, firm or corporation with respect to the proposed franchise
or the proposed CATV operation. If a franchise is granted to a person,
firm or coporation posing asa front or as the representative of another
person, firm or corporation, and such information is not disclosed in
the original application, such franchise shall be deemed void and of no
force and effect whatsoever.
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(8) A financial statement prepared by a certified public
accountant, or person otherwise satisfactory to the Council, showing
applicant's financial status and his financial ability to complete the
construction and installation of the proposed CATV system.
(9) The Council may at any time demand, and applicant
shall provide, such supplementary, additional or other information as the
Council may deem reasonably necessary to determine whether the requested
franchise should be granted.
(b) 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 aCATV 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) Any franchise granted pursuant to this Ordinance 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 authority 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 Ordinance.
Section 21. FRANCHISE RENEWAL. Any franchise granted under
this Ordinance is renewable at the application of the grantee, in the same
manner and upon the same terms and conditions as required herein for
obtaining the original franchise, except those which are by their terms
expressly inapplicable; provided, however, that the Council may at its
option waive compliance with any or all of the requirements of Section
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20 hereof.
Section 22. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE.
(a) No franchise granted pursuant to the provisions of this
Ordinance 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 14, 15(a) and 15(b) hereof are done
and completed, all of such things being hereby 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 dec]are the franchise null and void.
(b) Within 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
~he City Manager his written acceptance, in form satisfactory to the City
Attorney, of the franchise, together with the bond and insurance policies
required by Sections 14, 15(a) and t5(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 Ordinance and the franchise. Such accept-
ance 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.
Section 23. VIOLATIONS.
(a) From and after the effective date of this Ordinance, it
shall be unlawful for any person to establish, operate or to carry on the
business of distributing to any persons in this City an~ television signals
or radio signals by means of aCATV system unless a franchise therefor
has first been obtained pursuant to the provisions of this Ordinance, and
unless such franchise is in full force and effect.
(b) From and after the effective date of this Ordinance, it shall
be unlawful for any person to construct, install or maintain within any
public street in the City, or within any other public property of the City, or
within any privately-owned area within the City which has not yet become
a public street but is designated or delineated as a proposed public streel
on any tentative subdivision map approved by the City, any equipment or
facilities for distributing any television signals or radio signals through a
CATV system, unless a franchise authorizing such use of such street or
property or area has first been obtained pursuant to the provisions of this
Ordinance, and unless such franchise is in full force and effect.
.~c) It shall be unlawful for any person, firm or corporation
to make any unathorized connection, whether physically, electrically,
inductively or otherwise, with any part of a franchised CATV system
within this City for the purpose of taking or receiving television signals,
radio signals, pictures, programs, or sound.
(d) It shall be unlawful for any person, firm or corporation
to make any ~nauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a franchised
CATV system within this City for the purpose of enabling himself or others
to receive any television signal, radio signal, picture, program or
sound, without payment to the owner of said system.
(e) It shall be unlawful for any person, without the consent of
the owner, to wilfully tamper with, remove or injure any cables, wires
or equipment used for distribution of television signals, radio signals,
pictures, programs or sound.
Section 23. SEVERABILITY. If any section, subsection, sentence,
clause or phrase of this Ordinance is for an y rea. son held illegal, invalid
or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions hereof.
The Council hereby declares that it would have passed this Ordinance and
each section, subsection, sentence, clause, and phrasehereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared illegal, invalid or unconstitutional. The
invalidity of any portion of this Ordinance shall not abate, reduce or
otherwise affect any consideration or other obligation required of the
grantee of any franchise granted hereunder.
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Section 24. ABSENCE OF CITY MANAGER. In the event of the
inability of the City 1VIanager to act or in the event of said officer's
absence, all functions and duties and responsibilities herein prescribed
or vesled in said officer shall be performed by the Cily Council.
Section 25. AUTHORITY TO CODIFY. Authority is hereby granted
to codify and incorporate this Ordinance in the City's existing Code.
Section 26. PENALTY PROVISION. Any person, firm or
corporation operating or attempting lo operate a community antenna
television system within the municipal limils of the City of Boynlon
Beach, without complying with the provisions of this Ordinance with
p~rticular reference to obtaining a franchise to conducl such business,
or after having obtained such a franchise, by failing lo comply wi~h all
provisions hereof, shall, upon conviction thereof, be punished by a fine
not to exceed $500.00 or by imprisomment in the City jail not exceeding
ninety (90) days, or by bolh such fine and imprisonment. Any da?. upon
which a violation ~ or continues shall be deemed a separate and
distinct offense.
Se¢lion 27. EFFECTIVE DATE. This Ordinance shall become
effective at ~he lime and in the manner preseribed in the Charier and
Ordinances of the City of Boynlon Beach, Florida.
FIRST READING THIS 17th DAY OF October A. Dj 1966.
SECOND,. FINAL READING AND PASSAGE THIS ~
A. D. 1966.
ATTEST:
(CITY SEAL)
DAY
CITY OF BOYNTON BEACH
Mayor