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Ordinance 216 Cable TV FranchiseORDINANCE N0. 216-70 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE N0. 116-1965, WHICH GRANTED A CABLE TELEVISION FRANCHISE TO BURNUP & SIMS, INC. BY AMENDING PAYMENTS TO THE VILLAGE ' OF NORTH PALM BEACH AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BF.AC}}, FLORIDA: Section 1. Section 3 of Ordinance No. 116-1965 is hereby amended to read as follows: "Section 3. Fees to Village. (a) Company has paid to the Village a sum equal to 2% of its gross revenues, as originally defined, for the years of the term of the franchise to and including the year 1969. These payments shall constitute the total franchise fees due from the Company to the Village. The Company shall pay to the Village annually 5% of such gross revenue for the years 1970 and 1971 and 6% of such gross revenues for the year 1972 and subsequent years. Gross revenue would be defined as Company's receipts from its regular monthly or annual charges for its regular community antenna television service to subscribers located ' within the corporate limits of the Village of North Palm Beach, excluding therefrom charges for in- stallation, connection, transfer, alteration, moves and changes in its facilities and such taxes, levies, impositions or fees which might be levied, imposed or otherwise placed against the Company's subscribers or the Company's service by Federal, State or local law, rule, regulation or other force of law. Such exclusion would apply to sales, use and utility taxes and similar levies imposed by such laws and collected by Company, but not to normal occupational licenses, personal property, real estate and other such levies against the Company's property and business. Income tax and/or surtax thereon payable by the Company shall not be deducted in determining the "gross sales" figure. (b) Payments to the Village for each of the years that this Ordinance is in effect shall be made on or before the first day of March of each year, based upon the gross revenues of the Company for the preceding calendar year." Section 2. Section 4 of Ordinance No. 116-1965 is hereby ' amended by adding Subsection (a) thereto to read as follows: "(a) Underground Construction. Insofar as practical, cable construction would be underground. In instances in which such would be impractical in the original construction, Company would agree to change to underground construction at such future date when telephone or power utilities would be changing their facilities to similar underground construction." Section 3. Section 11 of Ordinance No. 116-1965 is hereby amended by adding Subsection (a) thereto to read as follows: ' "(a) Uniformity of Rates. The Company's system on which it serves subscribers in the Village would also simultaneously serve such adjacent and neighboring areas and communities as Juno Beach, Palm Beach Gardens, Lake Park, Palm Beach Shores and certain unincorporated areas of Palm Beach County. If the rates charged to residents of another municipality on the system are changed, the Company will so inform the Village and enter into discussions to determine the propriety of so adjusting the rates to subscribers in the Village, provided, however, no increase in rates shall be made without the consent of the Village Council. The consent of the Village Council to a request for an increase in rates shall not be unreasonably withheld." Section 4. Ordinance No. 116-1965 is hereby amended by adding thereto Sections 13 through 29 to read as follows: "Section 13. Color Television. The Company will provide for transmission of "Color TV" when technically feasible and shall produce a picture to its customers as good as the television industry ' is capable of producing. "Section 14. Emergency. In the case of an emer- gency or disaster, Company shall, upon request of the Village, make available its facilities to the Village, through which all channels on the system may be simultaneously interrupted for announcements and information of a serious emergency nature. "Section 15. Free Service. Company shall provide a free connection to each public and non-profit private school, public and non-profit private hospital and to each municipal, county or state governmental building in which a regular governmental function is performed, which is located on a street, road, highway or thoroughfare on which the Company's service shall then exist. "Section 16. Public Service Channel. Company will provide a public service channel and the necessary facilities through which speeches, talks, forums and other local programs could be telecast ' on a closed circuit basis to homes subscribing to the system. "Section 17. Channel Selection. Community antenna television systems are subject to regulation by the Federal Communications Commission whose rules are - 2 - currently in the process of change and the subject of substantial controversy in the Congress and between the broadcast, copyright and cable industries. The Company will lend its best efforts to prevail upon the authorities involved to permit it to provide to its subscribers in the Village of North Palm Beach a choice of television channels and programs identical to or comparable with that now being offered to its subscribers in Juno Beach, Palm Beach Gardens, Lake Park, Palm Beach Shores and certain adjacent unincorporated areas of Palm Beach County. "Section 18. alit The system to be constructed will be a fully modern 12-channel system and will be constructed, operated and maintained in accordance with accepted standards of the current state of the industry's art and technology. Nothing in the agreement should limit or restrict the Company's freedom to increase the channel capacity of the system or to otherwise modernize its facilities with the developing technology of the industry or to increase or improve its service to its subscribers, providing such services are legal and .within the bounds of responsibility and good taste. The Company shall produce a picture on typical standard production television sets in good repair, which picture shall be as good as the state of the art allows. "Section 19. The Company agrees that the terms of this Ordinance shall be deemed to automatically apply to such additional areas as may be legally annexed to the corporate limits of the Village of North Palm Beach; providing, however, that any and all licensing rights over community antenna television systems held by a State, County or another municipal governing body in the areas affected is first relinquished to the Village. "Section 20. Police Power of Vi11aQe. Company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the Village. "Section 21. Operation and Maintenance of Service. Company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. The Company shall provide an office in the vicinity, manned during all business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received. "Section 22. Relocation of Facilities. If at any time during the period of this franchise the Village shall lawfully elect to alter or change the grade of any street, sidewalk, alley or other ' public way, or do any work on any such right-of- way, which would require the relocation of facilities, the Company, upon reasonable notice by the Village, shall remove, relay or relocate its facilities, or any part of them, at its own expense. - 3 - "Section 23. Tranfer of Franchise. The Company shall not sell, ease, assign or transfer this franchise, without the prior written approval of the Village, which approval will not be unreason- ably withheld, provided however, that this franchise may be assigned by the Company as security for financing the project, upon notice of such intention given to the Village in writing. ' "Section 24. Termination-Removal of Facilities. At the expiration of the term for which this franchise is granted, or upon termination or cancellation as provided for herein, the Village shall have the right to require Company to remove at its own expense all facilities of the Company from all public ways of the Village. "Section 25. Default. If the Company shall violate any of the terms or provisions of this franchise, and should the Company continue to violate same for a period of thirty (30) days after the Company shall have been notified in writing by the Village to desist from such violation so specified, then the Village may terminate and cancel this franchise; provided, however, that the Village shall not cancel this franchise if the Company is without fault as to the violation; and further provided, that this franchise may not be terminated and cancelled until after the Company first has been provided with adequate opportunity to be heard before the Village Council, and then only by ordinance duly adopted by the Village. It is further provided, ' however, that should the Company be adjudged a bankrupt then the Village, after sixty (60) days written notice to the Company, may, if it so desires, terminate and cancel this franchise. "Section 26. Right of Intervention. The Village shall have the right to intervene in any suit or proceeding to which the Company is a party, concern- ing or involving Company's and the Village's rights under this franchise. "Section 27. Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 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 28: Company agrees to furnish all band F.M. reception facilities in its original installations to customers requesting CATV service. ' "Section 29. Plans of Construction. Company shall file with the Village Clerk true and accurate maps or plats of all existing and proposed installations." Section 4. Notwithstanding any provisions of this amending ordinance, if the provisions of Section 3 of this Ordinance should - 4 - provide less income to the Village than the provisions of Section 3 of Ordinance No. 116-1965, the Village shall be entitled to the additional moneys which would have been provided by Section 3 of Ordin- ance No. 116-1965. ' PLACED ON FIRST READING THIS 28TH DAY OF MAY, 1970. PLACED ON SECOND, FINAL READING AND PASSED THIS 10TH DAY OF SEPTEMBER, 1970. /s/ Thomas R. Bell VICE-MAYOR ATTEST: /s/ Lawrence J. Robbins Deputy Vi lage C er 1 1 - 5 -