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O-285-M• • CITYOF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE FRANCHISE AGREEMENT WITH CABLEVISION INDUSTRIES OF CENTRAI. FLORIDA, INC. ESTABLISHED BY ORDINANCE 160-M, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: WHEREAS, this is the First Amendment to a Franchise Agreement entered into by and between: City of Clermont, Lake County, Florida, herein referred to as "CITY" and Cablevision Industries of Central Florida, Inc., a Florida corporation, herein referred to as "CVI"; and WI~REAS, CITY and CVI entered into a Franchise Agreement for a cable television franchise in the City of Clermont, by Ordinance 160-M dated June 26, 1984, hereinafter referred to as "AGREEMENT"; and, WHEREAS, CITY and CVI have reached agreement on certain amendments to the original AGREEMENT. • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M Page 2 NOW THEREFORE, IN CONSIDERATION of the mutual tezms, understandings, conditions, promises, covenants, and payments hereinafter set forth, CITY and CVI agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Section 3, (2. b.) of AGREEMENT is amended as follows: 2. b. In areas not shown on "Exhibit A" the service need not be available at standard installation rates where there is a dwelling density of less than twenty (20) dwelling units per contiguous cable mile. Any potential subscriber(s) in an area of less than twenty (20) dwelling units per contiguous cable mile may receive cable service upon payment of an installation charge equal to the actual cost per subscriber of extending the cable plant to provide service less the cost the company would have incurred per subscriber had the density been twenty (20) dwelling units per contiguous cable mile. Section 3. Section 4 of AGREEMENT is amended to read as follows: This license and permit is granted for a period of seven (7) years from the date this said FIRST AMENDMENT is signed by all parties, so long as CVI shall actively engage in the operation of a cable communications system and providing of cable services. Nothing in this AGREEMENT shall be construed to require any renewal or extension of this AGREEMENT. Section 4. Section 8 of AGREEMENT is amended to read as follows: CITYOF CLERMONT r~ U MISCELLANEOUS ORDINANCE NO. 285-M Page 3 CVI shall pay to CITY in consideration of this license and right to operate a cable communications system, for the supervision thereof by CITY and for the use of the streets, right-of--way and other facilities of each Governmental Unit, an amount equal to five percent (5 %) of CVI's gross revenues from the operations of the cable communications system with CITY. Gross revenues shall include any and all compensation, whatever form, exchange or otherwise derived from the provision of all cable services in CITY. Section 5. Section 9 of AGREEMENT is amended to read as follows: CVI shall maintain at least one specially designated channel for education or local government available on a first-come, non-discriminatory basis. CVI shall meet the standards of 47 CFR 76.256 (1979 ed.), with the exception of subpart (a). Said standards shall be met regardless of the number of subscribers of the system. The Government Access Channel will be made available for use pending the availability of Lake/Sumter Community College's accessibility. CVI shall provide and pay for the necessary hardware, software, and programming to allow for access to said Channel. Section 6. Section 13 of AGREEMENT shall be amended, adding the following: • • CITY OF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M Page 4 CVI shall provide a local payment location and also provide sufficient local telephone access to all Clermont customers. Section 7. Anew Section 22 shall be added as follows: 22.A. All notices, demands, or other writings required to be given or made or sent in this AGREEMENT, or which may be given or made or sent, by either party to the other, shall be deemed to have fully given or made or sent when in writing and addressed as follows: CITY City Manager City of Clermont 1 Westgate Plaza P.O. Box 120219 Clermont, FL 34712-0219 Rich Gunter, Director Government Relations Cablevision Industries P.O. Box 6001 1655 S.R. 472 Deland, FL 32723-6001 B. All notices required, or which may be given hereunder, shall be considered properly given if (1) personally delivered, (2) sent be certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. C. The effective date of such notices shall be the date personally delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter • • CITYOF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M Page 5 delivery company, the date the notice was picked up by the overnight letter delivery company. D. Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing, the other party in a manner designed for the filing of notice hereunder. Section 8. Anew Section 23 will be added as follows: 23. Within 90 days from the date of this Ordinance, CVI may raise its local access rates to the allowable FCC Benchmark rate; but will eliminate the charges for additional outlets. Section 9. Other Conditions to Remain. All other conditions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Ordinance No. 285-M on the respective dates under each signature: CITY through its CITY COUNCIL, signing by and through its Mayor, authorized to execute same by Council action on the 25th day of July, 1995 and % /~orrlas J ~,- ~ ~~,.~ of CVI (CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC.) Section 10. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately after its Second Reading. • CITYOF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M Page 6 First Reading this 11th day of July, 1995. Second Reading this 25th day of July, 1995. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA THIS.2 ~~- DAY OF JULY, 1995. Robert A. Poo ,Mayor Attest: --~ ~= Jo eph E. Van ile, Ci y Clerk This ~ day of 7w 1 , 1995. CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC . r U~Pc President CITYOF CLERMONT MISCELLANEOUS ORDINANCE NO. 285-M Page 7 State of Florida County of ~e ~, J S ~ A The foregoing instrument was acknowledged before me this ~ ~ ~ day of ~`( , 1995 by 'Pr1eM A~ ~', C Qd~~'n~ (name of officer or agent), ~,/, Q, (title of officer or agent) on behalf of CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. He/she is personally known to me.e~- r---.. LA~~~~L~LC ~ I c'~~~, i~vo7~~ti'~ ST,~Tc. Cr F'LU~i~~, ~., .. . , Signature of A knowled er (Seal) ~,AvlR~Ne~ ~'tePP~~C~ t~e'f"AQY P~b~.tG. , G~ ~ ~~1~3a Name Typed Title or Rank Serial #, if any My Commission Expires: '7~ t 3 -4~,