O-307-MJ
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING
A FRANCHISE TO OPERATE AND MAINTAIN A BROADBAND
COMMUNICATIONS SYSTEM IN THE CITY OF CLERMONT;
PROVIDING REGULATIONS AND CONDITIONS THEREOF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, HEREBY ORDAINS THAT:
WHEREAS, the City Council of the City of Clermont desires to grant a
franchise agreement to operate and maintain a broadband communications system to
serve the needs of the City of Clermont within the rules and regulations of the Federal
Communications Commission, and the laws of the State of Florida, and
WHEREAS, a Franchise Agreement is desired to be entered into by and
between:
City of Clermont, Lake County, Florida, herein referred to
as "CITY"
and
Strategic Technologies, Inc. , a Florida corporation, Florida
State License #EFA000206 herein referred to as "STI"; and
NOW THEREFORE, IN CONSIDERATION of the mutual terms,
understandings, conditions, promises, covenants, and payments hereinafter set forth,
CITY and STI agree as follows:
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 2
SECTION 1. DEFINITIONS
A. Cablecasting: programming carried on a cable system, exclusive of broadcast
signals, whether originated by the cable operator or any other party.
B. Cable Communications SystemL System: Any system which receives and
amplifies signals broadcast by one or more television and/or radio stations and
which transmits programming originated by the system itself or by another
party, and distributes such signals and programming by wire, cable,
microwave, satellite, or other means to persons who subscribe to such service.
C. CITY: City of Clermont, Florida. The City of Clermont in its present
incorporated form or as it may be changed by annexation. The City of
Clermont is the franchising authority.
D. ouncil: The City Council of the City of Clermont, Florida.
E. FCC: The Federal Communications Commission, its successors, or other legal
entity authorized and designated as the controlling legal Federal Agency as
established by the Congress of the United States.
F. rantee: Strategic Technologies, Inc. (STI).
G. Gross Revenues: Any and all compensation, in whatever form, exchange or
otherwise, derived from the provision of all cable services in the City.
H. ubscriber: A recipient of cable television service.
SECTION 2. GRANT OF AUTHORITY
There is hereby granted by CITY to STI the right and privilege to construct, erect,
operate and maintain, in, upon, along, across, above, over and under the streets,
alleys, public ways and public places now laid out or dedicated and all extensions
thereof, and additions thereto, in the CITY poles, wires, cables, underground
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 3
conduits, manholes, and other cable conductors and fixtures necessary for the
maintenance and operation in the CITY of a cable communications system, to be used
for the sale and distribution of cable services to the residents of the CITY. Said
broadband cable services, shall include, but shall not be limited to, the carriage of
television and radio signals and any cablecasting programming. This is a non-
exclusive franchise and nothing contained herein shall prohibit the CITY from
granting franchise agreements to other cable communication system companies.
SECTION 3. FRANCHISE TERRITORY
1. The franchise is for the temtorial limits of the CITY incorporated under the
ordinances listed on Exhibit A attached hereto and made a part hereof.
2. STI shall be obligated to make cable service available to all dwelling units on
Exhibit A at standard installation and service rates except that the service need
not be available at standard installation rates where there is a dwelling unit
density of less than twenty (20) dwelling units per contiguous mile. Any
potential subscriber(s) in an area of less than twenty (20) dwelling units per
contiguous 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 than the cost the company would have incurred per
subscriber had the density been twenty (20) dwelling units per contiguous mile.
SECTION 4. DURATION OF FRANCHISE, RENEWAL
1. The license and permit is granted with an expiration date of July 25, 2002.
2. The franchise may be renewed or extended by the franchising authority, upon
application of STI, in accordance with the then existing rules of the FCC and
applicable law. Nothing in this provision shall be construed to require such
renewal or extension.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 4
SECTION 5. CONIlVIENCEMENT AND COMPLETION OF CONSTRUCTION
STI shall begin construction on a cable system of at least thirty-five (35) channel
capacity within ninety (90) days of the date of franchise.
SECTION 6. TRANSFER OF CONTROL
No transfer of control or ownership of the cable system shall take place, whether by
forced or voluntary sale, lease, assignment, or any other form of disposition, without
prior notice to and approval by CITY unless the assignment is to a wholly-owned
subsidiary of STI.
SECTION 7. RATES
The rates which may be charged to subscribers shall be determined by STI. CITY
and subscribers shall receive a sixty (60) day written notice of any rate increase.
SECTION S. PAYMENT TO CITY
STI 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 STI'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 9. BROADBAND CABLE COMMUNICATIONS SERVICE
STI shall maintain at least one specially designated channel for education or local
government available on a first-come, non-discriminatory basis. STI 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.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 5
SECTION 10. USE OF STREETS
All transmissions and distribution structures, lines, and equipment erected by STI
within CITY shall be so located as to cause minimum interference with rights and
reasonable convenience of property owners who may join any of the said streets.
In case of disturbance of any street or paved area, STI shall, at its own cost and
expense, and in a manner approved by CITY replace and restore such street or paved
area in as good condition as before the work involving such disturbance was done.
If at any time during the period of the franchise CITY shall lawfully elect to alter or
change the grade of any street, STI, upon reasonable notice by CITY, shall remove,
relay, and relocate its poles, wires, cables, underground conduits, manholes, and other
fixtures at its own expense. STI shall file with CITY Manager, for his approval,
plans and specifications for the relocation or location of all facilities located within the
CITY, and such approval shall not be unreasonably withheld. The work, while in
progress shall be properly protected at all times with suitable barricades or other
devices to protect the public.
Any poles or other fixtures placed in or adjacent to any street by STI shall be placed
in such manner as to comply with all requirements of the CITY.
STI shall, at the request of any person holding a moving permit issued by the CITY,
temporarily raise or lower its wires to permit the moving of buildings. The expense
of such temporary removal or raising or lowering of wires shall be paid by the person
requesting the same, and STI shall have the authority to require such payment in
advance. STI shall be given not less than seven (7) days advance notice to arrange
for such temporary wire changes.
STI shall have the authority to trim trees upon and over-hanging streets of the CITY
so as to prevent the branches of such trees from coming in contact with the wires and
cables of STI except that at the option of the CITY, such trimming may be done by it
or under its supervision and direction at the expense of STI.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 6
In all sections of the CITY where all cables, wires, or other like facilities of public
utilities are placed underground, STI shall place its cables, wires, or other like
facilities underground.
At the expiration of the term for which the franchise is granted, or upon its
termination, as provided for herein, CITY shall have the right to require STI to
remove, at its own expense, all portions of the cable television system from all streets
within CITY.
SECTION 11. INDEMNIFICATION
It shall be expressly understood and agreed by and between the CITY and STI that
STI shall save the CITY and its agents and employees harmless from and against all
claims, damages, losses, and expenses, including attorney's fees sustained by the
CITY on account of any suit, judgment, execution, claim or demand whatsoever
arising out of but not limited to copyright infringements and all other damages arising
out of the installation, operation or maintenance of the cable system authorized herein,
whether or not any act or omission complained of is authorized, allowed, or
prohibited by this ordinance and any franchise granted hereunder.
SECTION 12. SERVICE STANDARDS
STI shall put, keep, and maintain all parts of the system in good condition throughout
the entire franchise period.
Upon termination of service to any subscriber, STI shall promptly remove all its
facilities and equipment from the premises of such subscriber upon his request.
STI shall render efficient service, make repairs promptly, and interrupt service only
for good cause and for the shortest time possible. Such interruptions, insofar as
possible, shall be preceded by notice and shall occur during periods of minimum
system use.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 7
STI shall not allow its cable or other operations to interfere with television or radio
reception of persons not served by STI, nor shall the system interfere with, obstruct
or hinder in any manner, the operation of the various utilities serving the residents of
the CITY.
SECTION 13. COMPLAINT PROCEDURE
1. City Official Responsible: The City Manager of CITY is designated by the
CITY as having primary responsibility for the continuing administration of the
franchise and implementation of complaint procedures.
2. Local Payments: STI shall provide a local payment location and also provide
sufficient local telephone access to all CITY customers and operate so that
complaints and requests for repairs or adjustments may be received on a
twenty-four (24) hour basis.
3. Repair and Maintenance Crew: STI shall maintain a repair and maintenance
crew capable of responding to subscriber complaints or requests for repair
service within twenty-four (24) hours after receipt of the complaint or request.
No charge shall be made to the subscriber for cable related service.
4. Comulaint Procedures: STI shall establish procedures for receiving, acting
upon, and resolving subscriber complaints to the satisfaction of the CITY. STI
shall furnish a notice of such procedures to each subscriber at the time of initial
subscription to the system. In the event that a customer complaint is not
resolved to the mutual satisfaction of the customer or STI, either the customer
or STI may request that the matter be presented to the CITY Council for a
hearing and resolution. STI shall obey any order for resolution of a complaint
as requested by CITY COUNCIL. Non-performance of such an order shall
constitute a breach of the franchise agreement which shall be enforced pursuant
to Section 14. The CITY COUNCIL shall not order STI to provide any
service or perform any act which violates this agreement.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 8
When there have been similar complaints made or when there exists other
evidence, which, in the judgment of the CITY COUNCIL casts doubt on the
reliability or quality of cable service, the CITY COUNCIL shall have the right
and authority to compel STI to test, analyze, and report on the performance of
the system. Such report shall be delivered to the CITY COUNCIL no later
than fourteen (14) days after the CITY COUNCIL formally notifies STI and
shall include the following information: the nature of the complaints which
precipitated the special tests; what system component was tested; the equipment
used, and procedures employed in said testing; the results of such tests, and the
method in which said complaints were resolved.
Said tests and analyses shall be supervised by a professional engineer not on the
permanent staff of STI. The aforesaid engineer should sign all records of the
special tests and forward to the CITY such records with a report interpreting
the results of the tests and recommending actions to be taken by CITY. All
tests and analyses shall be paid by STI.
SECTION 14. RIGHT OF REVOCATION, MONETARY PENALTIES
The CITY shall have the right to rescind or revoke the rights herein granted upon any
violation by STI of any material obligation or requirement contained herein, or upon
the refusal to comply with any reasonable request made by the CITY COUNCIL
concerning compliance with this ordinance, after written notice by the franchising
authority to STI, and continuation of such violation or refusal to comply by STI.
Such written notice to STI shall specify precisely the manner in which STI is in
violation, with respect to the franchise. The notice shall specify a reasonable amount
of time within which STI must correct the violation, but in no event shall the time
period be less than thirty (30) days from the date of receipt of the notice to STI.
The CITY shall have the right to rescind or revoke the rights herein granted, upon
any violation by STI of any material obligation or requirement contained herein, after
giving STI thirty (30) days written notice to correct or remedy said violation(s). If
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 9
STI continues to violate, or refuses to comply with the terms contained herein, after
said notice(s), the CITY shall have the right to revoke or rescind this franchise.
In the event STI shall be adjudicated bankrupt or placed in receivership, the CITY
may by resolution declare this franchise herein granted to be forfeited and terminated.
The CITY reserves the right to levy fines upon STI in a reasonable amount, not to
exceed $250 per violation, for minor breaches of the franchise agreement. Failure to
pay such fines shall be cause for revocation of the franchise. Minor breaches of the
franchise agreement shall include, but not be limited to: Failure to meet the
requirements for service and new customer connections as provided for in this
ordinance.
SECTION 15. PREFERENTIAL OR DISCRIMINATORY PRACTICES
STI shall not, as to rates, charges, service, service facilities, rules, regulations,
employment, or in any other respect for similar type service, make or grant any undue
preference or advantage to any party, nor subject any party to any prejudice or
disadvantage.
SECTION 16. SUBSCRIBER PRIVACY
No signals shall be transmitted from a subscriber's terminal, dwelling, or place of
business for purposes of monitoring individual viewing patterns or practices without
the express written permission of the subscriber. The request for such permission
shall be contained in a separate document with a prominent statement that the
subscriber is authorizing the permission in full knowledge of this provision. The
authorization shall be revokable at any time by the subscriber without penalty of any
kind whatsoever. Such authorization is required for each type or classification of
signal transmitted from a subscriber's terminal, dwelling, or place of business.
Provided, however, that STI shall be entitled to conduct system-wide or individually
addressed "sweeps" for the purpose of verifying system integrity, controlling return
path transmission, or billing for services.
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 10
Neither STI, the CITY, their agents or their employees, nor anyone else, shall sell,
without the specific written authorization of the subscriber involved, or, otherwise
make available to any party: (1) Lists of the names and addresses of such subscribers,
or (2) Any list which identifies the individual viewing habits of subscribers.
SECTION 17. INSURANCE
Prior to the beginning of any work by STI within the corporate limits of the CITY,
STI shall file with the CITY and shall keep in force and effect at all times during the
effective period hereof, insurance certificates evidencing a liability insurance policy or
policies, in the amount of $250,000/$500,000 bodily injury and $250,000 property
damage, the terms and conditions whereof shall be such as to provide for the
protection and indemnification of the City with respect to claims of any persons
suffering injury, loss or damage to person or property by reason of the construction,
operating or maintenance of its television system within the corporate limits of the
CITY. Each such insurance policy shall be in such minimum limits as are acceptable
to the CITY, and said insurance coverage shall remain in full force and shall be
undiminished during the effective period of this ordinance.
Every such insurance policy shall contain a provision whereby every company
executing the same shall obligate itself to notify the CITY in writing at least thirty
(30) days before any alteration, modification or cancellation of such policy is to
become effective.
In the event any suit is filed or action brought against the CITY, whether severally or
jointly with STI, by any person or corporation seeking to recover damages resulting
from or attributable to the operations or the existence of STI within the CITY,
whether due to STI's negligence or otherwise, STI shall upon written notice by the
CITY, defend said suit or action, and, in the event any judgment therein should be
rendered against the CITY, STI shall promptly pay the sum, together with all costs
resulting therefrom, including attorney fees.
,l
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 11
SECTION 18. STI'S APPLICATION INCORPORATED
By acceptance of the franchise, STI specifically grants and agrees that its application
hereafter called Exhibit "B" is thereby incorporated by reference and made a part of
this ordinance. In the event of a conflict between proposed services listed in said
application and the provisions of this ordinance, that provision which provides the
greatest benefit to the CITY, in the opinion of the CITY COUNCIL, shall prevail.
Failure to provide services as promised in STI's application as incorporated herein
shall be deemed a breach of this ordinance to which the provisions of Section 14 of
this ordinance shall apply.
SECTION 19. NOTICES
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
STI
President
Strategic Technologies, Inc.
730 NW 107th Avenue
4th Floor
Miami, FL 33172
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 delivery
company, the date the notice was picked up by the overnight letter delivery
company.
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C~
CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 12
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 20. SEVERABILITY
If any section, sentence, clause or phrase of the ordinance is held unconstitutional or
otherwise invalid, such infirmity shall not affect the validity of the ordinance, and any
portions in conflict are hereby repealed. Provied, however, that in the event that the
Federal Communications Commission declares any section invalid, then such section
or sections shall be renegotiated by the CITY and STI.
SECTION 21
This Ordinance shall be published as provided by law and it shall become law and
shall take effect immediately upon its Second Reading and Final Passage.
First Reading this 25th day of March 1996.
Second Reading this 9th day of April, 1996.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY FLORIDA THIS DAY OF APRIL, 1996.
z
Robert A. Pool, Mayor
Attest:
/~
seph E. Van Zile, ity Clerk
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 13
STRATEGIC TECHNOLOGIES, INC.
This `~ day of April, 1996.
~~~-~~
State of Florida
County of D~rDE
The foregoing instrument w s acknowledged before me this `/~ day of
Aril, 1996 by ~oa~ b . ~a r~N (name of officer or agent),
~!'-ES I DEw~- (title of officer or agent) on behalf of STRATEGIC
TECHNOLOGIES, INC . He/she is personally known to me or has produced
~~ as identification.
President
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CITY OF CLERMONT
MISCELLANEOUS ORDINANCE
NO. 307-M
Page 14
Exhibit A
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CITY OF CLERMONT
~SCELLANEOUS ORDINANI,.,
STRATEGIC
TECHNOLOGIES NPageol5
I N C O R P O R A T E D
State Lic. #: EFA000206
Exhibit B
October 31, 1995 Application
Mr. Wayne Saunders, City Manager
City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
re: Cable Television Franchise
Dear Mr. Saunders:
Thank you for speaking with me today and providing the information regarding initiating the application
process to acquire a franchise to operate and maintain a cable television (broadband communications)
system in the City of Clermont. Pursuant to our discussion, please consider this correspondence as a
formal request /application for the award of such a franchise.
It is our desire to provide quality cable television and associated communications services to the Lennar
Homes developed Kings Ridge Community and any currently unserved or underserved areas within the
present and future territorial limits of the City of Clermont. As we discussed, pursuant to Section 5 of the
Agreement between the City of Clermont and Lennar Homes, Inc., dated June 1995, the annexation of the
Kings Ridge Community by the City of Clermont is, at present, pending. Inasmuch as we have been given
to understand from Lennar Homes' management that initial homeowner move-ins are anticipated to begin
in March /April of 1996, we will greatly appreciate whatever assistance you may provide to expedite the
application and review process.
Please contact me directly at 800-741-5782, ext. 6585 for discussion of any questions and/or
requirements you may have.
Sincerely,
~rateg, c ins .es, Inc.
a
Ray T.'Perri~e~cJJ
Managing Director
\cs
cc: Steve Saiontz
Marshall Ames, Lennar Homes
Sal Orlando, Lennar Homes
730 N. W. 107 Avenue, 4th Floor Miami, Florida 33172 (305) 229-65i~1 1-800-741-1260 Fax: (305) 229-66~
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COVER?~G8 A: $250, 0~0~4 SIW APPLIES
_ SHOULD ANY of THE ABdYE oE9CiIIBED POLIdES BE CANCEIIJ~D eeFOfIE Tree
x ExriIRATIQN DKII: YHEReOF. Tree 1SSUINCa COMPANY WYJ_ EiJDEAYOR TO
MAIL ~ 0 DAYS WFarTIEN NOTICE TO THE CEATWCATE hiO1J)ER NAMED TO THE
CITY QF CL$RffiONT Inf. BUT FAILIiill: TO AWL SUCH NOTE Shall IMPOSE NO.OBLKiAT10N OR
~ ~g 12x219 UABIlIiY OF ANY qND UPON THE COMPANY, rt5 AGENTS OR ATNES.
CLERM,O~i'P, FL 31712 ~Irn+a+® aea~Y~Twr~
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