0346 (Cable TV Franchise)•
AN ORDINANCE GRANTING FRANCHISE TO OkeAirCo Inc., CABLE
TELEVISION OF OKEECHOBEE, TO OPERATE A COMMUNITY ANTENNA
TET,F,VISION SYSTEIi IN THE CITY OF OKEECHOBEE, FLORIDA;
REGULATION OF IT'S OPERATION, RATES, PAYMENTS, SERVICE,
CONSTRUCTION, AND MAINTENANCE; CONTAINING CERTAIN PROHIBITIONS:
PRESCRIBING CERTAIN PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
11BE IT ORDAINED BY THE GOVERNING BODY OF OKEECHOBEE, FLORIDA:
Section 1. Short Title. This Ordinance shall be known and
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,may be cited as OkeAirCo Inc. Cable Television of Okeechobee Fran-
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chise Ordinance.
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Section 2. Definitions. For the purpose of this Ordinance,
the following terms, phrases, words, and derivations shall have
,i {the meaning given herein. When not inconsistant with the context,
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'words used in the present tense include the future, words in the
plural number include the singular number, and words in the sing-
number include the plural number. The word "shall" is always
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'mandatory and not merely directory.
a. "State" is the State of Florida.
b. "City" is the City of Okeechobee, Florida.
c. "Company" is OkeAirCo Inc. Cable Television of Okeechobee,
a Florida Corporation, the grantee of rights under this
Franchise Ordinance.
d. "Governing Body" is the City Council of Okeechobee, Flor-
ida.
e. "Person" is any person, firm, partne ?ship, association,
corporation, company, or organization of any kind.
f. "System" shall mean the lines, fixtures, equipment, at-
tachments, and all appurtenances thereto which are used
in the construction, operation and maintenance of the
community antenna television wystem herein authorized.
Section 3. Grant of Authority. There is hereby granted by
khe City to the Company the right and privilege to construct,
lerect, 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, wires, poles, cables, underground conduits,
conductors and fixtures necessary for the maintenance and opera-
tion in the City of a community antenna television system for the
Rireception and distribution of television signals and energy,
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frequency modulated radio signals, and commercial visual and aural
signals which are not otherwise herein prohibited. The Company
shall have the right in the operation of the system to make attach-
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invents to City -owned property at such rates and upon such terms
and conditions as shall from time to time be determined by the
,governing body. The rights herein granted shall extend'to any
area annexed to the City and the Company shall be bound by the
same rules and regulations as to such area as are otherwise herein
or hereafter provided.
The right to use and occupy said streets, alleys, public ways
and places for the purposes herein set forth, shall not be exclu-
sive, and the City reserves the right '_,o grant use of streets,
alleys, public ways and places to any person at any time during
the period of this Franchise Ordinance.
The Company shall have the right to enter into agreements
Ifor the attachments onto and use of facilities owned and operated
lby public utilities operating with the City, whereby the Company
shall strictly comply with the terms, provisions and restrictions
lof said agreements, and copies of all agreements made with other
public utilities operating within the City shall be placed on file
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with the City Clerk's office immediately upon their execution.
Section 5. Com an bil
Liaity and Indemnification.
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a. Liability Coverage. It is expressly understood and
agreed by and between the Company and the City that the Company
shall save the City harmless from all loss sustained by the City
on account of any suit, judgement, execution, claim, or demand
whatsoever arising out of the construction, operation, and main-
tenance of the system by the Company. The Company agrees to main-
tain and keep in full force and effect at all times during the
Lterm of this Franchise Ordinance sufficienh leiab 7lity insurance
coverage to protect the City against any such claims, suits,
'judgements, executions, or demands in a sum not less than $100,000.
100 per person in any one claim, $00,000.00 as to any one accident
or occurance, and not less than $100,000.00 for property damage
as to any one accident or occurance.
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b. Workmen's Compensation Coverage. The Company shall also
maintain in full force and effect throughout the duration of this
Franchise Ordinance sufficient workmen's compensation insurance
coverage to adeauately and fully protect it's agents and employees
as required by law.
fj c. Permanent Payment and Performance Guarantee. The Company
shall furnish a bond to the City in the sum of $1,000.00 which
shall remain in full force and effect throughout the terms of this
Franchise Ordinance to guarantee the payment of all sums which may
;become due to the City for rentals, inspections, or work performed
for the benefit of the Company under this Franchise Ordinance by
any of its provisions, and such bond shall guarantee to the City
'the performance by the Company of cI1 provisions of this Franchise
"Ordinance and all laws, rules, and regulations herein permitted to
!:be adopted and enforced, upon acceptance of Franchise by Company.
d. Resident Company and Agent. A11 insurance policies and
!bonds as are required of the Company in this Franchise Ordinance
1ishall be written by a company or companies authorized and qualif-
ied to do business in the State. Certificates of all coverage
;required shall be promptly filed by the Company with the city.
Section 6. Conditions on Street Occupancy and System
Construction.
a. Use. All transmission and distribution structures, lines
and equipment erected by the Company within the City shall be so
located as to cause minimum interference with proper use of streets,
alleys, and other public ways and places and to cause minimum
!interference with the rights or reasonable convenience of property
owners who adjoin any of said streets, alleys, or other public
ways and places.
b. Restoration. In case of any disturbance of pavement,
sidewalks, driveways, or other surfacing, the Company shall, at
its own expense and in a manner approved by the City, replace and
restore such places :_.o disturbed in as good condition as before
said work was commenced, and shall maintain the restoration in a
!condition approved by the City for the full period of this Fran-
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chise Ordinance.
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c. Relocation. In the event that at any time during the
period of this Franchise Ordinance the City shall lawfully elect
to alter or change the grade of any street, alley, or other public
`way, the Company, upon reasonable notice by the City, shall re-
move, relay, and relocate its equipment at its own expense.
d. Placement of Fixtures. The Company shall not place any
fixtures or equipment where the same will interfere with gas,
'electr_ic, telephone or water lines, fixtures, and equipment, and
location by the Company of its lines and equipment shall be in
''such manner as to not interfere with the usual travel on said
;streets, alleys, and public ways and the use of the same by gas,
iclectric, telephone and water lines and equipment.
e. Temporary Removal of Wires for Building Moving. The
Company shall, on the request of the City temporarily raise or low -
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'er its wires to permit moving of buildings.
f. No Property Right. Nothing in this Franchise Ordinance
;;shall grant to the Company any right to property in City owned
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property, nor shall the City be compelled to maintain any of its
property any longer than, or in any fashion other than in the
City's judgement its own business or needs may require.
g. Permits, Easements, and Agreements. The City shall not
f'be required to assume any responsibility for the securing of any
aright -of -way or easements, nor shall the City be responsible for
;:securing any permiits or agreements with other persons or utilities.
Section 7. Construction Approval by City Correction of
Defects. Except for individual service drops,
the Company shall not erect any pole, run any line, make any attach-
ilment, nor shall any construction of any kind be commenced without
the prior approval of the governing body, and the City shall have
and maintain the right to inspect the construction, operation,
maintenance of the system by the Company to insure the proper
performance of the terms of this Franchise Ordinance. In the
event the Company should violate any of the terms of this Fran-
s chise Ordinance or any of the rules and regulations as may be
from time to time lawfully adopted, the City shall immediately
i'give to the Company ninety (90) days written notice to correct
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such violation, and in the event the Company does not make such
correction within ninety (90) days from receipt of such notice to
correct such violation, and in the event the Company does not make
such correction within ninety (90) days from the receipt of such
written notice, the City may make such correction itself and charge
the cost of same to the Company.
Section 8. Number of Channels. The Company will install for
the operation of the systr: in the City an ALL CHANNEL SYSTEM
capable of transporting and relaying all twelve VHF channels, and
the Company shall place into operation not less than five channels
available to subscribers to this system in the City and the Compay
will cntinue to maintain and relay to the subscribers to this
system in the City not less than five channels, unless the trans-
rnitting television station or stations ceases or curtails its
transmission by act of God or other cause not within the control
�of the Company. The Company shall make the national television
networks ABC, NBC, and CBS available.
Section 9. Regulated Public Utilities. The Company shall not
use the system to interfere or conflict with services offered by
jpublic utilities regulated by the State.
Section 10., Minimum Reception Standards. The licensee shall
and guarantee minimum technical reception standards at
the terminals of each television set serviced, said standards to
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be approved by the .4giNa-e. The following minimum technical
reception standards are herewith established:
(a.) The licensee shall maintain and operate the system and
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render efficient service in accordance with the rules and regulat-
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;;ions established or to be established by the Win, provided,
6however, the licensee shall operate the system so that there will
4e no interference with television reception, radio reception,
telephone communications or other installations which are now or
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may hereafter be installed and in use by the 4.e.,y or any persons
in the 4214'.
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(b.) The licensee shall carry all signals of every television
1,station where the community antenna television system tower or
;,towers and antenna equipment are located within the Federal Com-
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munication Commission approved predicted Grade B contour line of
that television station. The television signals at no time shall
be altered, interrupted, or blacked out in any way be the licensee.
(c.) The licensee shall provide and maintain at all times:
1. All -band equipment, capable of passing the entire
VHF television and FM radio spectrum.
2. Equipment that passes standard color television
signals without degradation and with no phase shift
and no effect on color fidelity and intelligence.
3. A minimum level of 1,500 microvolts at the input
terminals of each TV receiver on the line.
4. A system and all equipment designed and rated for
24 -hour a day continuous operation.
5. A signal -to -noise ratio of not less than forty -six
decibels.
6. A television signal with a hum modulation less than
three percent.
7. Components having voltage standing wave ratio of
;4 or less.
8. A inter - modulation distortion not to exceed minus
forty -six decibels.
9. A plot of gain versus frequency across any six
megacycle channel of a flat plus or minus one decibe
(d.) The licensee shall provide and keep accurately cali-
brated test equipment on hand in the 4124, at all times for the
testing of all service and operational standards outlined herein
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d shall conduct tests as requested by the bey under the super-
vision of a cSa� representative in order to establish the level
of performance of the system.
(e.) The licensee shall render efficient service, make re-
C pairs promptly, and interrupt service only for good cause and for
;tithe shortest time possible. Such interruptions insofar as possible
€!shall be preceded by notice and shall occur during periods of min-
imum use of the system.
Section 11. Company Rules. The Company shall have the auth-
'ority to promulgate such rules, regulations, terms, and conditions
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governing the conduct of its business as shall be reasonably nec-
essary to enable the Company to exercize its rights and to perform
its obligations under this Franchise Ordinance and to assure an
,uninterrupted service to each and all its customers, provided,
,however, that such rules, regulations, terms and conditions shall
not be in conflict with the provisions hereof and shall be subject
to the approval of the governing body.
Section 12. Rates to Customers. The Company shall have the
'right to charge and collect compensation from all persons and
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!corporations who subscribe to Company's services, based upon the
following schedule:
(a.) No installation fee before or during installation of the
system.
(b.) $9.95 installation fee through the first year of operation.
(c.) $20.00 installation fee may be charged for all instal-
lations or hook -ups after the first year of operation.
(d.) Single family units - $60.00 per year for a one service
outlet to be paid in advance. The customer may elect to pay the
yearly fee at $5.50 per month, hence paying a total yearly fee
of $66.00. The difference of $6.00 per year represents additional
costs of bookkeeping and billing. In the event a single family
unit or its equivalent desires more than one outlet, there shall
be an additional annual charge of $24.00 per outlet per annum.
(e.) Apartments and other multi -fon 1 units rented to trans-
ients or seasonal visitors shall, after the first standard service
of $60.00 per year or $5.50 per month, be charged at the rate of
$33.00 per year or $2.75 each month for each additional outlet of
service.
(f.) The above fees allow a lead -in of 100 feet from the e €-
isting distribution system to customer dwelling. Installations
requiring additional lead -in shall be billed on an individual
basis.
(g.) For the purpose of this Agreement, each unit of a coop-
erative apartment, duplex apartment, or other multi - family unit
y! normally occupied on a permanent basis, shall be considered as a
11,single family dwelling.
(h.) For the purpose of this Agreement, it should be noted
that multi - family or apartment type dwellings in (e) are wired
;for service under separate negotiated contract and that the $20.00
installation fee is to bring only one service to the premises.
(i.) The rates, conditions, specifications and agreements
=above described and listed shall remain in full force and effect
;during the term of this Agreement; said rates may be changed or
;altered upward by a majority vote of the City Council, but then
only after one month's written notice has been given to the City.
(j.) In the event the Company is required to pay any type of
tax not now required to be paid, or is required to pay any fee or
:compensation to the American Society of Composers, Authors and
!;Publishers (A.S.C.A.P.), Broadcast Music, Inc. (B.M.I.) or any
;other similar organization, or to any holder or owner of copy -
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Ihrighted material, the Company may bill its subscribers for such
4tax or fee in addition to its yearly service charge.
Section 13. Preferential or Discriminatory Practices Prohibited
The Company shall not, as to rates, charges, or regulations, make
a.or grant any preference or advantage to any person, nor subject
an person to any prejudice or disadvantage.
Section 14. Payment to the City.
a. Gross Revenue Taxes. The Company shall pay to the City
tax or fee from the gross revenue received by the Company from
the operation of the system which shall from time to time be set
?3by the governing body, for a period of the duration of this Fran -
,chise Ordinance and renewal terms thereafter, the Company shall pay
to the City five (5) percent of the gross revenue received by the
Company from the operation of the system. Thereafter, the rate
shall continue, unless a new rate is mutually agreed upon by the
City and the Company. Defining the Company obligation hereunder
the gross revenue received by the City shall be on all payments made
lby subscribers within the Corporate City limits.
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b. Manner of Payment. All payments as required by the Com-
?any to the City shall be made quarterly and shall be due within
thirty (30) days after the close of the preceding three month period.
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Section 15. Reports. A semi- annual summary report showing
gross revenues received by the Company from the operation of the
system within the City during the preceding six months period and
such other information as the City may require in support of same,
shall be given to the City by the Company.
Section 16. Transfer Prohibited. The Company shall not sel
or transfer its plant or system or any portion thereof, nor right.
title, or interest in the same, nor shall the Company transfer an3
rights under this Franchise Ordinance to any other person without
,prior approval of the governing body.
Section 17. Penalties. Should the Company, its successors
or assigns, violate any of the provisions of this Franchise Ord -
inance or any reasonable rules and regulations or other laws, or
should the Company fail to promptly perform any of the provisions
hereof, the Company shall forfeit all its rights hereunder to the
City after written notice to the Company and continuation of such
,violation, failure or default for a period of more than ninety (9C
days. In the event the Company is adjudged bankrupt, all rights
herein given to the Company shall, at the option of the City, be
;forfeited and terminated.
Section 18. Separability. In the event any section or part
of this Franchise Ordinance shall be held invalid, such invalidity
shall not affect the remaining sections or portions of this Fran-
chise Ordinance. If the terms of this Franchise should conflict
with any laws or regulations now in effect or hereinafter adopted
s by the Federal Communications Commission (or any other governments
agency now existing or to be formed issueing rules and regulationE
affecting telecommunications) the State or the United States Govei
went, compliance by the Company with such rules shall not cause
a forfeiture of this Franchise.
Section 19. Service to the City. The Company shall provide
one free connection to a municipally owned or leased building
within the corporate limits of the City, not supplied unless it iE
agreed with mutual parties.
Section 20. Effective Date - Acceptance by Company. This
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;Company has not begun operation and transmission within twelve
Ordinance shall become effective thirty (30) days after its adop-
tion by the governing body. Upon the adoption of this Ordinance,
the Company shall file with the City Clerk its written acceptance
of the terms, provisions, and conditions of this Franchise Ord-
inance within thirty (30) days after said adoption. Otherwise,
this Franchise Ordinance shall be void and of no effect, and the
Franchise rights, privileges and authorities given the Company
hereunder shall cease. This Ordinance is null and void if the
(12) months of the effective date of this Ordinance.
Section 21. New Developments. It shall be the policy of the
City liberally to ammend this Franchise upon application of the
grantee, when necessary to enable the grantee to take advantage
of any developments in the field of transmission of television,
radio signals, and cable television, which will afford the grantee
an opportunity more effectively, efficiently, comprehensively or
economically to serve its customers; provided, however, the grantee
so accepts said ammendment in writing and that the section shall
not be construed to require the City to make an ammendant.
Section 22. Duration of Franchise Ordinance. This Franchise
Ordinance shall remain in full force and in effect for a period of
ten (10) years and shall be subject to option renewal by the City
by negotiations with the City for additional ten (10) year periods,
not to exceed two (2) ten year periods, or a total length of this
Franchise Ordinance of thirty (30) years.
Section 23. Sale of System. The City reserves first refusal
option on the purchase of the system should it be offered for
sale during the 30 year maximum life of this franchise, and fur-
ther the City reserves the right and requires the grantee, as a
condition precedent to the taking effect of the grant, to give
and grant to the municipality the right and after the expiration
of such term to purchase the system and other property used under
or in connection with this franchise, or such part of the property
as the municipality may desire to purchase at a valuation of the
property, real and personal, desired, which valuation shall be
fixed by arbitration as may be provided by law.
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Section 24. Repeal Conflicting Ordinances. All Ordinances
or parts of Ordinances in conflict herewith are to the extent of
such conflict hereby repealed.
Passed this 6th day of July , AD, 1971
Attest:
City Clerk
Okeechobee, Florida
By:
President of City Council
By: (./Zdf.Cz Wilf/k0-\
Mayor