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O-105-M . . MISC. ORDINANCES N~ 320 ORDINANCE NO. 105-M AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 25- I-M; 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. WHEREAS, Ordinance No. 25-I-M granted to the T M Communications Company, now known as Teleprompter Southeast, Inc., a franchise to operate television transmission, commonly referred to as "cable television", within the City of Clermont, and WHEREAS, said Ordinance was amended by Ordinance No. 44-M, Ordinance No. 82-M, and Ordinance No. 83-M, and WHEREAS, the City Council desires to amend this Ordinance to more adequately 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, the City Council has approved the legal, character, financial, technical and other qualifications of Teleprompter Southeast, Inc., and the ade- quacy and feasibility of its construction and other requirements as required by law in a public proceeding affording due process of law. NOW, THEREFORE, be it ordained by the City Council of the City of Clermont that: SECTION 1. Grant of Franchise. The City of Clermont, Lake County, Florida, hereinafter referred to as "Citylt, grants to Teleprompter Southeast, Inc., successor to T M Communications Company, hereinafter referred to as "Grantee", a franchise to operate and maintain a broadband communications system within the City of Clermont. The rights granted hereunder may not be assigned except pursuant to written agreement by the City. The Company shall furnish a community antenna television distribution service in the licensed area with the capability of providing twelve channels, which includes a twenty-four hour time and weather channel, plus FM radio signals. . . MISC. ORDINANCES N~ 321 ORDINANCE NO. 105-M The Company will provide a free basic installation and service to City offices located within the licensed area, and to all public, private and parochial schools located along the plant route within the licensed area as a public service. SECTION 2. Term of Franchise. The franchise and rights granted herein shall continue in force and effect through March 24, 1985. The franchise may be renewed for an additional 15 year period following a full public proceeding affording due process, during which the adequacy of the ordinance may be reviewed, as well as any other matters. SECTION 3. Definition of Terms. The Grantee shall have the right to offer both "basic and cable television service" and "expanded broadband communications service". "Basic cable television service" means the retransmission of broadcast television signals as contemplated in Ordinance No. 25-I-M. "Expanded broadband communications service" means the provision of such additional service, as, for example (but not by way of limitation), pay television, alarm s~rvice, data retrieval and transmission services, meter reading service and home shopping service. Nothing contained herein shall obligate Grantee to provide any form of expanded broadband communications service; however, Grantee covenants to comply with all requirements of the Federal Communications Commission and State Law. SECTION 4. I. System Expansion, Isolated Subscribers. a. Grantee's present construction is approved, and Grantee shall extend cable television services to any isolated residence located within the designated service area at the standard rate if: 1. The resident requests the service extension, and 2. The service connection to the isolated residence would require no more than a standard one hundred fifty (150) foot aerial drop line. b. Grantee shall extend cable television services to any isolated residence requiring more than a standard one hundred fifty (150) foot aerial drop line at a premium installation rate if such service has been requested by the resident. . . MISC. ORDINANCES ORDINANCE NO. 105-M N~ 322 The premium installation rate charged shall be the actual cost for the installation less the cost of installing a subscriber by means of a standard one hundred fifty (150) foot aerial drop line. Grantee may require advance payment for such installation. II. System Expansion, New or Existing Undergroung Developments. Grantee may, at the option of Grantee, extend underground energized or unenergized cable or conduit, to all new residential developments as they are con- structed. Costs of trenching, conduit, pedestals and/or vaults and laterals, as well as easements therefor required to bring service to the development shall be borne by the developer and/or landowner. All installations and construction by developer and/or landowner shall be to the specifications of the Grantee. III. Undergrounding of System. For any system expansion in existing developments the Grantee shall be required to place the cable system underground only in:those localities where either. telephone or power lines are underground. For existing facilities, Grantee shall replace aerial facilities with underground facilities concurrently and in cooperation with similar programs of the telephone or power utilities. Grantee may, at its option and its expense, choose to place its facilities underground regardless of whether telephone and power utilities are underground or aerial. Grantee shall be required to pay any damages caused by construction under this Ordinance. IV. a. The Company shall file with City Manager, for his approval plans and specifications for the location or relocation of all facilities located within the City and such approval shall not be unreasonably withheld. V. a. In the event that at any time during the period of this franchise the City shall elect to alter or change any street, alley, easement or other public way requiring the relocation of the facilities of the Company, then in such event, the Company, upon reasonable notice by the City, shall remove, relay and relocate its facilities at its own expense. b. Company shall, when necessary on the request of any person holding an appropriate permit issued by the City,temporarilyraise or lower its lines to permit the moving of any building or other structure. The actual expense of such temporary . . MISC. ORDINANCES N~ 323 ORDINANCE NO. 105-M removal shall be paid by the person requesting the same and Company shall have the right to require such payment in advance of such temporary removal. c. The Company's work, while in progress, shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices to protect all members of the public having occasion to use the portion of the streets involved or adjacent property. SECTION 5. a. Subscribers' rates for basic cable service which appear in Appendix "A" attached hereto, are hereby approved. b. Effective on the date of enactment of this ordinance, the Grantee's rates and charges shall no longer be regulated by the City. Provided however, that no annual increase of the Grantee's rates and charges in excess of eight per cent (8%) shall be effective without approval by the City Council following a public hearing affording due process. c. Grantee shall provide a 90-day written notice of any modification or alteration of the rates and charges structure. This notice shall be provided to the City and to each subscriber. d. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, installations, or adjustments, Company shall do so at such times as will cause the lease amount of inconvenience to its customers and unless such interruption is unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. SECTION 6. a. The Grantee shall pay quarterly to the City a 6 per cent franchise fee based on gross annual basic subscriber revenues received for cable television operations in the City. No other fee, charge or consideration shall be imposed. The Grantee shall provide an annual audit report showing gross annual basic subscriber revenues received during the preceding calendar year. Anything to the contrary construed in this section notwithstanding the franchise fee payable pursuant to the terms of this section shall conform to the rules and regulations of the Federal Communications Commission. -. . MISC. ORDINANCES ORDINANCE NO. 105-M N~ 324 b. "Gross annual basic subscriber revenues" shall mean any and all compensation received directly by the Grantee from subscribers for regularly furnished basic CATV service. c. In the event the Federal Communications Commission regulations are modified to allow collection of a franchise fee on additional services, this fran- chise may be amended to reflect those modifications in the regulations. SECT LON 7. Any lawful modification resulting from amendment of Section 76.31 ("Franchise Standards") of the Rules and Regulations of the Federal Communications Commission shall be incorporated into this franchise as of the date such modifications become obligatory under Federal Communications Commission regulations or in the event no obligatory date is established, within one (1) year of adoption or at the time of franchise renewal, whichever comes first. SECTION 8. Prior to the beginning of any work by the Company within the corporate limits of the City, the Company 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 $250,000.00/$500,000.00 bodily injury and $250,000.00 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 subject to the acceptance and approval of the City. Any primary surplus at least five (5) times the amount of coverage of the policy and the Company must have management rating in Best's Insurance Guide of BB or better. Any excess policy used must be issued by underwriters acceptable to the City. Each such 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. . . MISC. ORDINANCES N~ 325 ORDINANCE NO. 105-M 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 thay any suit is filed or action brought against the City, whether severally or jointly with the Company, by any person or corporation seeking to recover damages resulting from or attributable to the operations or the existence of the Company within the City, whether due to the Company's negligence of otherwise, the Company shall upon written notice by the City, defend said suit or action, and, in:the event any judgement therein should be rendered against the City, the Company shall promptly pay the sum, together with all costs resulting therefrom. SECTION 9. If Company should violate any of the terms, conditions or provisions of this ordinance or if Company should fail to comply with any provision of any Ordinance of City regulating the operations of Company in the City, and should Company continue to violate the same for a period of thirty (30) days after Company shall have been notified in writing by City to desist from such violations, Company may, at City's option, be deemed to have forfeited and abandoned all the rights and privileges of this Ordinance. Any action taken by the City affecting the rights and privileges under this Ordinance shall be taken only after full public hearing affording due process to the Grantee. SECTION 10. Technical Requirements - Channel Capacity. The CATV System to be constructed by Grantee shall be installed, maintained, and operated at all times in full compliance with the technical and channel capacity standards of the Federal Communications Commission. The results of annual performance tests conducted in accordance with Section 76.601(c), FCC Rules (or such other section of the Rules as shall incorporate its substance) shall be retained for at least five (5) years and available for inspection by the City of Clermont. . . MISC. ORDINANCES N~ 326 ORDINANCE NO. 105-M SECTION 11. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 12. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 13. This Ordinance shall be published as provided by law and it shall become law and shall take effect 30 days from the date of its Second Reading and Final Passage. First Reading this 13th day of September 1977 . Second Reading thie 22nd day of November , 1977 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LARE COUNTY, FLORIDA, THIS 22nd DAY OF November , 1977. CITY OF CLERMONT {2 CLAUDE E. BY: ATTEST: lQDJ<Ao~tj ~A~ DOLORES W. CARROLL - CITY CLERK APPROVED by me this 22nd day of November , 1977. (!1 . . MISC. ORDINANCES N~ 327 ORDINANCE NO. 105-M CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of was published on the 3rd day of November circulation located within the City of Clermont, 1066.041 (3) (a), said date of publication being and Final Adoption of the Ordinance. the foregoing Ordinance No. 105-M , 1977, in a newspaper of general as required by Florida Statutes 14 days prior to the Second Reading LQP~~ ¡!rÚ{Q~~AtILRK .PROMPTER RECEIVED JAN 1 7 1978 ìi!') f;¡j ~¡ jfi:j -1£\ ti "," e LET V - 50 WEST 44th STREET· NEW YORK. NEW YORK 10036 . Cable Address: TELPAOMPT . Telephone: (212) 986-7500 - - WILLIAM J. BRESNAN President January 13, 1978 City Clerk City of Clermont No. 1 West Gate Plaza Clermont, Florida 32711 Gentlemen: Subject to FCC approval, Teleprompter Southeast, Inc. hereby accepts the terms and conditions of Ordinance No. l05-M. - We appreciate the opportunity to serve the residents of the City of Clermont. ~ "" Very truly yours, ~ cc: J. Doub - Lakeland