0370 (Cable TV Franchise)ORDINANCE NUMBER 370
AN ORDINANCE AMENDING ORDINANCE NUMBER
357 OF THE CODE OF ORDINANCES, CITY OF
OKEECHOBEE, FLORIDA, BEING ENTITLED OKE
AIR CO, INC. CABLE TELEVISION OF OKEECHOBEE
FRANCHISE ORDINANCE, BY ADDING NEW SECTIONS
27 RELATING TO COMPLETION OF SYSTEM,
SECTION 28 CONCERNING MAINTENANCE OF LOCAL
OFFICE AND COMPLAINT PROCEDURE, BY ADDING
NEW SUBSECTION 5 (e) PROVIDING A CONSTRUCTION
TIME PERFORMANCE BOND AND MODIFICATION OF
SECTION 12, 14 AND 22.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF OKEECHOBEE, FLORIDA:
1. That Ordinance Number 357 as modified by Ordinance
Number 367 of the Code of Ordinances, City of Okeechobee,
Florida, being entitled Oke Air Co, Inc, Cable Television of
Okeechobee Franchise Ordinance, be and the same is hereby
amended by adding thereto and inserting therein, the following
sections to be numbered 27 and 28, which said sections read
as follows:
"Section 27. Completion of System. Oke Air Co. shall
complete construction of the system on the following schedule;
within one (1) year after FCC approval to construct the system,
not less than 60 percent of the system shall be completed, with
energized trunk line to be extended to not less than 10 percent
of the system in each of the ensuing four (4) years."
"Section 28. Local Office and Complaint Procedure. Oke
Air Co shall maintain a local office or agent, with a phone
number available to take any subscriber complaints, which shall
be as speedily resolved as is possible under the state of the
art and capacity to obtain parts where required. Any subscriber
complaint not so resolved may be reported by the subscriber to
the Mayor of the City of Okeechobee, who shall receive and act
on such complaints and make report to the City Council for
further action where resolution is not achieved."
Section 5 is amended to include a new subsection (e), which
said subsection shall read as follows:
"Section 5(e). Construction Performance Bond. The company
shall furnish a Bond to the City in the sum of $5,000.00 to
guarantee performance of Section 27 of this Ordinance as
amended."
Section 12 is clarified as follows: Any rate increases
will be subject to prior approval by the City, which will not
act until appropriate public proceedings affording due process
have been held.
Section 14 is modified to make clear that the 3 percent
payment to the City shall be 3 percent of "gross subscriber
revenues ", except, however, that this franchise fee base shall
change to "gross revenues" automatically in the event the FCC
changes its rules.
Section 22 is amended to state specifically that there
will be only one ten year renewal option and before it is
approved by the City, the City Council will review the qual-
ifications of the franchise holder, including its continuing
legal, technical, character and financial qualifications, and
will also review its past operations to ascertain that they
have been totally satisfactory.
2. This Ordinance shall take effect immediately upon its
passage by the City Council and its approval by the Mayor.
3. This Ordinance was proposed, considered and adopted
under the provisions of Section 166.041 (3)(b) Florida Statutes,
and was enacted by no less than a two - thirds vote of the City
Council.
PASSED AND ADOPTED this 17th day of MAY , 1974.
President of the City Council
(2)
ATTEST:
City Clerk
APPROVED BY ME this 17th day of MAY , 1974.
Mayor
City Of Okedchobee, Florida
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(3)