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ORDI NANCE NO. 25-1- 11
AN ORDINANCE GRANTING TO THE T M COMMUNICATIONS COMPANY A NON-
EXCLUSIVE FRANCHISE TO ERECT, MAINTAIN AND OPERATE, IN, UNDER, OVER,
ALONG, ACROSS AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS,
BRIDGES, AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF CLERMONT,
FLORIDA, AND SUBSEQUENT ADDITIONS THERETO, FOR THE PURPOSE OF TRANS-
MISSION AND DISTRIBUTION BY WIRE OR CABLE OF TELEVISION THE INHABITANTS
OF SAID CITY: PROVIDING AN INITIAL TERM OF 15 YEARS WITH OPTION TO
RENEW FOR A LIKE PERIOD OF TIME.
BE IT ORDAINED BY THE CITY OF CLERMONT, FLORIDA:
SECTION 1. This Ordinance shall be known, and may be cited as the
Clermont Antenna Television Ordinance.
SECTION 2. In consideration of the faithful performance and observance
of the conditions and reservations herein specified and in considera-
tion of the payment of the amounts provided for in Section 12 (a) hereof,
the right is hereby granted to THE T M COMMUNICATIONS COMPANY ("COMPANY"),
a Corporation organized under the laws of the State of Florida, to
erect, maintain and operate television transmission and distribution
facilities and additions thereto, in, under. over, along, across and
upon the streets. lanes. avenues. sidewalks, alleys, and other public
places in the City of Clermont, Florida, ("CITY"), and subsequent
additions thereto. for the purpose of transmission and distribution of
audio and visual impulses and television energy in aÇQ9rdance with
the laws and regulations of CITY for the period provided for in Section
9 (a) of this Ordiance.
SECTION 3. Whenever used in this Ordinance. the word "TELEVISION"
shall mean a system for the transmission of audio signals and/or'
visual images by means of electrical impulses.
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SECTION 4.
(a) To the extent possible, COMPANY shall make attachments to
poles already in existence within CITY. The the extent that
existing poles are insuffcient for its purposes, or if COMPANY
is unable to negotiate agreements satisfactory to it providing
for use of existing poles. COMPANY shall have the right to erect
and maintain its own poles. or underground conduits, as necessary.
for the construction and maintenance for its televsion distri-
bution system subject to the approval by the CITY as to location
of such poles. or underground conduits.
(b) COMPANY shall have the privilege of attaching any of its
system facilities to any existing or future poles. towers (except
water towers). or other electrical facilities owned by CITY,
in a manner which will not interfere with the use of such poles,
towers and other electrical facilities by CITY.
(c) COMPANY shall, with the prior approval of the CITY and at
COMPANY'S expense, have the authority to trim trees upon and
overhanging all streets, all~ys. easements. sidewalks, and other
public places with CITY so as to prevent the branches of such
trees from coming into contact with the facilities of COMPANY.
SECTION 5.
(a) The Company shall file with City Manager. for his approval,
plans and specifications for the location or relocation of all
facilities located with the CITY and such approval shall not
be unreasonably withe1d. The facilities shall be so located or
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relocated and so erected or installed as not to obstruct or
interfere with the use of streets. alleys. easements, and other
public ways and places, or other åtiJities or structures already
installed or hereafter to be installed, subject at all times
to the lawful police power of the CITY.
(b). In case of any disturbance of pavement, sidewalk, driveway
or other surface, COMPANY shall, at its own expense, upon
completion of such construction, repair or installation of any
of its facilities, remove, replace and restore all pavement,
sidewalk. driveway. or surface ~ disturbed in as good condition
as they were before the work was commenced. Such work shall be
approved by the CITY. Any unreasonable obstruction of any
street. alley. avenue, bridge, easement or other public place
or way of the CITY not removed by the COMPANY after written
notice of ten (10) days by the CITY demanding removal thereof,
not properly repaired by the COMPANY after its work therein. after
written notice of ten tlO) days by CITY demanding repair thereof,
may be removed or repaired. as the case may be. by the CITY
and the reasonable cost thereof plus ten per cent (10%) of
such cost for administration and engineering expenses, shall
be charged against said COMPANY and shall be collectable by
the CITY in any 1a~ful manner, and all costs and reasonable
attorney's fees incurred by the CITY in such enforcement shall
be paid by the COMPANY to the CITY.
(c). 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 faci1i-ties 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 in accordance with
the standards and procedures set forth in this Section 5.
(d). COMPANY shall, when necessary on the request of any person
holding an appropriate permit issued by CITY. temporarily raise
or lower its lines to permit the moving of any building or
other structure. The actual expense of such temporary 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.
(e). All poles. lines. structure, and other facilities of
COMPANY. in. on. over. and under the streets, sidewalks, alleys,
easements and other public grounds or places within CITY shall
be kept by COMPANY at all times in a safe, sound and substantial
condition.
(f). 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 6.
(a). COMPANY shall maintain and operate its system and render
efficient service in accordance with the rules and regulations
which are or may be set forth by CITY.
(b). Whenever tt is necessary to shut off or interruptservice
for the purpose of making repairs, installations. or adjustments,
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COMPANY shall do so at such times as will cause the least
amount of inconvenience to its customers and ünless such
interruption is unforseen and immediately necessary, it shall
give reasonable notice thereof to its customers.
SECTION 7. Prior to the beginning of any work by the COMPANY within
the cor.porate 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 maintainence 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 insurance policy must
be issued by a Company having a policy-~olders surplus
at least five 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.
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.
SECTION 8.
In the event that any suit is filed or action brought
against the CITY. either 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 of Clermont. or
arising in any manner whatsoever out of the operations or
existence of the COMPANY within the CITY, whether due to the
COMPANY'S negligence or otherwise, the COMPANY 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, the COMPANY shall promptly pay the sum, together
with all costs resulting therefrom.
(a) COMPANY shall have the right to charge and collect
compensation from all subscribers to whom it shall furnish
service. It is agreed that until otherwise provided by State
Law, any change in rates and charges made by COMPANY shall
first be approved by CITY, upon COMPANY making a comprehensive
rate and charge application therefore reflecting the basis
for such change, and CITY shall not unreasonably withhold
its approval thereof. COMPANY shall not as to rates, regulations
or any other respects. make unreasonably excessive charges,
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or grant any preferences or advantages to any person. or
subject any person to any prejudice or disadvantage; provided,
however, that this provision shall not be deemed to prohibit
the establishment of a graduated scale of charges and
classified rate schedules to which any customer coming within
such classification shall be entitled as provided herein.
Rates shall be the same for such classification of customers
as are served by COMPANY from identical facilities.
(b) COMPANY's initial schedule of rates and charges is as
follows:
SCHEDULE OF SUBSCRIBER CHARGES
RES I DENTI AL
Connection
Charge
Monthly Charge
First TV Outlet
Additional TV Outlets
(same residential structure)
FM Outlet (Ins talled wi th
TV Outlet)
$10.00*
$5.00
5.00
1. 50
5.00
1.00
Relocation of TV outlet
within same residence structure
5.00
Transfer connection to new
pre-wired homes
5.00
Reconnect service after having been
disconnected for any reason
5.00
*This is actual connection fee; no deposit required.
NOTE: Above rates are for exposed wiring only. Cost of underground and
inside wall installations must be handled on an individual cost basis.
(c) In the event that any subscriber shall fail to pay fee
or charges within 15 days after notification such charges are
due. COMPANY reserves the right to withhold and/or deny
service to such subscriber, and to remove any installation
which it has made to provide service to another subscriber.
Otherwise, the service rendered by COMPANY shall be available
to all inhabitants of CITY along the reasonably extended
pole route of COMPANY: provided, however that nothing
contained herein shall require COMPANY to extend its pole system
to provide service to any person within the CITY, it it is
economically impracticable to do so.
SECTION 9.
(a) The rights granted hereunder shall take éffect and
be in full force from and after the date of acceptance by
COMPANY. The rights granted under this ordinance shall continue
in full force and effect for an initial term of 15 years from
the date of acceptance by COMPANY: CITY herewith grants to
COMPANY the option and privilege to renew the rights granted
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hereunder for an additional term of 15 years under the terms
provided for herein, subject to satisfactory agreement being
reached prior to the option date for the provision of Section
12, sub-section (a). This Option maybbe exercised by COMPANY'S
giving notice, in writing. of its election to exercise the
option, which notice shall not be less than six (6) months
nor more than two (2) years prior to the expiration of the
said initial term. References in this Ordinance to its "term"
shall include the initial 15 year period and the additional
period of 15 years.
(b) CITY hereby reserves the right at and after the expiration
of the term of this ordinance to purchase the property of
COMPANY located within CITY and used in connection with the
television distribution systems, as provided for by the laws
of the State of Florida in effect on the effective date hereof.
including Section 167.22, Florida Statues. 1967.
(c) If CITY elects to purchase said property pursuant to
the provisions hereof. it shall give written notice of its
election to COMPANY within sixty (60) days from the expiration
of the term hereof. Upon the exercise of this option by
CITY, and receipt of payment as determined in accordance with
applicable statues, COMPANY shall immediately execute such
deeds or instruments of conveyance to CITY as shall be required
to convey to CITY the title of the property.
COMPANY shall continue to operate its system upon the terms
and conditions herein until payment in full is made by CITY.
COMPANY shall make it a condition of any contract entered into
by it for the sale of its facilities that the contract shall be
subject to the exercise of this option by CITY and that CITY
shall have the right to succeed to all privileges and the o~li-
gations thereof at its option. In the event CITY does not
elect to purchase the system, a new ordinance may be negotiated
or COMPANY may dispose of its property as it so chooses.
SECTION 10.
(a). If COMPANYsshould 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.
(b) CITY hereby has the primary option and right in the event
of a forfeiture to purchase the property of COMPANY, located within
CITY and used in connection with its television distribution
system, as provided for by the laws of the State of Florida in
effect on the effective date hereof. including Section 167.22,
Florida Statues. 1967.
(c). If CITY elects to purchase said property pursuant to the
provisions hereof. it shall given written notice of its election
to COMPANY within sixty (60) days from the effective date of
the forfei ture.
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(d) If CITY elects to purchase said property. the sale
shall be consummated in accordance with the terms and
provisions of Section 9 (c) herein, in the event the CITY
does not elect to purchase the system. COMPANY shall then
have 120 days to remove all of its facilities on or over any
right given to it herein and the insurance coverage as
provided in Section 7 of this ordinance shall be kept in
force for the period of time required to remove all of
the COMPANY'S facilities. If the COMPANY shall not have
removed its said facilities within said 120 day period, of any
extensions thereof approved in writing by the CITY. then the
said facilities shall be deemed abandoned and the CITY may
thereafter dispose of the same as it shall see fit.
SECTION 11.
As further consideration for the grant of this franchise, the
COMPANY agrees to, and shall upon final acceptance, place an acceptable
$50.000. performance bond with the CITY. COMPANY shall. upon passage
of this ordinance promptly make and pursue with all due and reasonable
diligence its application for Federal Communication Commission (FCC),
and any other required regulatory governmental agencies, approval.
license or permit to so engage in business as provided herein, and in
the event that such approval, license or permit is denied, without
further recour.si,within two (2) years from date of passage of this
ordinance, then said bond shall be returned to COMPANY and cancelled
i\1thout further liability thereunder; however, in the event COMPANY'S
application is approved as provided herein and COMPANY shall fail to
begin substantial construction of said community televion system
within two (2) years from date of passage of this ordinance then COMPANY
shall be deemed to have defaulted under said bond and the same shall be
forfeited to CITY and this franchise shall be null and void.
SECTION 12.
(a) COMPANY agrees that within thirty (30) days after the
first anniversary date following its acceptance of the terms
of this ordinance and within thirty (30) days after each such
succeeding anniversary date. the COMPANY, its successors and
assigns, shall pay to the CITY and its successors an amount
which will equal ~ix~ per cent (6%) of the OOMPANY'S gross
revenue received from its subscribers. The CITY and COMPANY
shall review this amount prior to any exer.cise of the option
of Section 9. Gross revenue as used herein shall mean the
gross amount of regular monthly or quarterly service charges
plus any amount charged for special programs or pr.ojects
actually paid for by subscribers served within the CITY. Gross
revenue shall not include charges for installation or repair
of service facilities.
(b). COMPANY shall keep records of account showing payments
and dates received. The duly authorized agent of ~ITY shall
have the right, power and authority to inspect and audit the
current records of gross revenues of COMPANY from subscribers
at any reasonable time. CITY shall have the right. at its own
expense, to audit the records of gross revenue of COMPANY from
subscribers for any annual period at any reasonable time
within three (3) years after expiration of such annual anniversary.
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(c). Nothing herein shall be construed as requlrlng COMPANY
to pay to CITY any portion of the revenue derived from the
sale of community television service by COMPANY to customers
residing outside the corporate limits of CITY. Upon annexation
to CITY of any territory not now .'thin the corporate limits
of "CITY. however, the portion of COMPANY'S facilities that
may be located within such annexed territory and upon the
streets, alleys and public grounds thereof, shall thereafter
be subject to all of the terms of this ordinance.
SECTION 13.
As a condition of this ordinance, COMPANY agrees that it will
not engage in the business of sale or repair of television receivers
owned by its subscribers nor will it be responsible for the operating
of said receivers. Any service furnished by COMPANY to the subscribers
shall terminate at the point of connection of COMPANY'S facilities to
the subscriber's receiver.
SECTION 14.
COMPANY shall forfeit and shall be deemed to have forfeited
and abandoned all rights and privileges conferred by this ordinance, and
this ordinance shall be null and void and of no force and effect unless
COMPANY shall. within sixty (60) days after adoption hereof, file with
the CITY its written acceptance of the rights and privileges hereby
conferred and with the terms, conditions and restrictions hereby imposed,
at which time the performance bond required by Section 11 hereof shall
be deposited with the CITY.
SECTION 15.
The COMPANY shall at all times keep an accurate map showing the
location of all facilities erected. constructed and maintained by the
COMPANY onder the provisions of this ordinance. and the maps shall be
accessible for CITY inspection at all times during reasonable hours. Two
(2) copies of an up-to-date map of the COMPANY'S facilities shall be
furnished to the CITY with all revisions thereto, all at the expense of
t he COMPANY.
SECTION 16.
Nothing in this ordinance shall be construed as a surrender by
the CITY of its right or power to pass ordinance regulating the use of
"its streets and other public ways; neither shall the COMPANY be relieved
from paying a reasonable annual occupational license fee to the CITY.
SECTION 17.
Nothing herein shall be construed as affecting in any manner
the right of the CITY to levy or collect taxes payable by the Consumer
for services provided by the COMPANY as now authorized under the laws
of the State of Florida.
SECTION 18.
The rights granted to the COMPANY hereunder may not be assigned
by the COMPANY except with the written consent to the City.
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SECTION 19.
The COMPANY represents that it will 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. 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 20.
This Ordinance is subject to the State and Federal rules. laws,
and regulations pertaining to the operation of "television" by COMPANY.
SECTION 21.
If any section. sUbsection. sentence, cdãuse. phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
SECTION 22. This ordinance shall become effective immediately upon
its adoption.
ADOPTED at anra~ÖOorned meeting of the City Council of the City of
Clermont, Florida on the 24th day of March, 1970
c ")) C I~/d
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ATTEST
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I hereby certify that a certified copy of the foregoing ordinance was
posted on the public municipal bulletin board for a period of not less
than one (1) wee~, as required under the charter of the City of Clermont,
beginning 'htt?Auu .2.s-; 1970
Da ted ÞwüJ/ c2.r;
1970
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D~lores W. carro1~itY Clerk
of the City of Clermont,Florida