HomeMy WebLinkAboutCode Master Project 1978: Chapter 415: Cable Television ServiceFILE COPY
TO Attorney Les. Scott
FROM THE CITY OF CAPE CANAVERAL
105 POLK AVENUE
CAPE CANAVERAL, FLIORIDA 32920
REPLY NECESSARY YES
DATE 8-11-81
SUBJECT Codification of Chapter 415
Endorsing Present Code Chapter 415; Newly codified retyped
Chapter 415 and Ord. 16-79. Please review the new retyped
Chapter in order to make sure I have not taken too many
editing liberties, i.e. I substituted new name
Southlend in each paragraph where it was listed as
the old name 5 Beaches!
Also, does the franchise, as written, allow for 5 Beaches to transfer
franchise to southend?
PLEASE REPLY TO ---> SIGNED PAT Beaulieu
Pat, good job!!-
it was not a transfer as such but
rather by a corporate takeover, hence
no problem
DATE
SIGNED [signature]
REDIFIXT FORM RM-87
SEND PARTS 1 AND 3 WITH CARBONS INTACT. PART 3 IS RETURNED WITH REPLY.
Chap 415
21-73 - 2-74?
7-3-73
ORDINANCE NO-22-73
AN ORDINANCE REPEALING ORDINANCES NO. 14-65,
14-A_63, 46-65, 36-64-A, 22-65-A, 10-68, 3-71,
17-717, 22-71, AND 10-72; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No . 14 -63 , as amended by 14-A-63 ,
establishing utility service tax, should have been repealed
by Ordinance No . 64-10 , which established a new utility tax
scheme, and
WHEREAS, Ordinance No . 46-65 establishing council compensa-
tion, conflicts with newly enacted Ordinance No . 14-73 , and
WHEREAS, Ordinance No . 36-64-A providing the cable tele-
vision franchisee the authority to finance installation charges
at excessive interest rates has remained non-effective because
a written record of acceptance has never been received nor does
the franchisee desire the authority, and
WHEREAS, Ordinance No . 22-65-A providing rules of procedure
for the Zoning and Planning Board is outdated and unobserved, and
the Board properly desires to promulgate its own rules of proced-
ure, and
WHEREAS, Ordinance No . 10 -68 , which amends section 2 of
Ordinance No . 64 -10 , should have been repealed by Ordinance No .
19-71 , which amended said section 2 in its entirety, and
WHEREAS, Ordinance No . 3-71 regarding obscene material is
identical to Section 847 . 011 , Florida Statutes , which this body
has already adopted by Ordinance No . 1 -62 , and
WHEREAS , Ordinance No . 22-71 , which amends section 3
(c) of the Sign Ordinance of 30 March 1965 , should have been re-
pealed by Ordinance No . 18 -72 , which amended said section 3 in
its entirety, and
WHEREAS , Ordinance No . 17-71 , as amended by 10-72 ,
imposing building permit fees , should have been repealed ex-
plicitly by Ordinance No . 15-73 , which established a new sched-
ule of building permit fees ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL , FLORIDA, AS FOLLOWS:
SECTION 1 . Ordinances No . 14-63 , 14-A-63 , 46-65 , 36-64-A,
22-65-A, 10-68 , 3-71 , 22- 71 and 10 -72 hereby stand REPEALED. ,
SECTION 2 . This ordinance shall become effective immediate-
ly upon adoption.
Page 1 of 2 Ord . # 22 -73
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL ,
FLORIDA, THIS 3rd DAY OF JULY, 1973.
[signature]
MAYOR
[signature]
CITY CLERK
[signature]
SPONSORING COUNCILMAN
[signature]
CITY ATTORNEY
First Reading: June 19, 1973
Posted: June 21, 1973
Second Reading: July 3, 1973
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI YES
SALVAGGIO YES
THURM YES
Page 2 of 2 Ord. #22-73
Code Copy
20Z9
Chapter 415
changed 1st paragraph after
Typed in Codification in 1981
ORDINANCE NO. 16-79
AN ORDINANCE GRANTING COMMUNICABLE, A DIVISION
OF SOUTHLAND COMMUNICATIONS, INC. , FORMERLY
KNOWN AS FIVE BEACHES CABLE T. V. , INC. , A FIFTEEN
YEAR CONTINUANCE OF A FRANCHISE AGREEMENT FOR
TELEVISION CABLE SERVICES FOR THE CITY OF CAPE
CANAVERAL, FLORIDA, AS PROVIDED FOR IN ORDINANCE
NO. 36-64, COMMENCING SEPTEMBER 15, 1979; BY
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows:
SECTION 1. The City of Cape Canaveral, Florida grants
Communicable, a division of Southland Communications, Inc. , formerly
known as Five Beaches Cable T. V. , Inc. , a fifteen (15) year renewal
of a franchise for television cable services to
commence on September 15, 1979. All other terms
and conditions of the original Agreement shall not be altered and
shall remain in full force and effect.
SECTION 2. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
this 18th day of September , 1979 .
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO
BOYD YES
CALVERT YES
LEE YES
MURPHY YES
RUTHERFORD YES
First Reading: 9-4-79
Posted: 9-6-7 9
Advertised: 9-10-79
Second Reading: 9-18-79
CHAP 415
AMENDED
ORD 36-64-A
Sec. 415.01 SHORT TITLE
This FRANCHISE a shall be known and may be cited as the "Five
Beaches Cable T.V. , Inc., Television Company Franchise CODE".
[Ord. No 36-64, §1, 15 Sept. 1964]
Sec. 415.02 DEFINITIONS
For the purposes of this Franchise, the following terms, phrases,
words, and their derivations shall have the meaning given here. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
"City" is the City of Cape Canaveral, Florida.
"Company" is the grantee of rights under this Franchise.
"Council" is the Council of the City of Cape Canaveral,
Florida.
"Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
[Ord. No. 36-64, §2, 15 Sept. 1964]
Sec. 415.03. GRANT AND TERMS
(A) In consideration of the benefits that will accrue to the City
of Cape Canaveral, Florida, and the inhabitants thereof, and of the
payment by the grantee, Five Beaches Cable T .V. , Inc. , a Florida
Corporation, to said City of Cape Canaveral. Florida, the total sum
collected of the amounts designated as "franchise fee" on tha Schedule
of Charges of the grantee as approved by the Commission for each year
of the franchise hereinafter granted, Five Beaches Cable T.V. , Inc. , a
Florida Corporation, its successors and assigns, herein referred to as
the grantee, is hereby given and vested with the non-exclusive right,
authority, easement, privilege and franchise to construct, erect,
suspend, install, lay down, repair, renew, maintain, operate and
conduct in the City of Cape Canaveral, Florida, a plant or plants
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PAGE 1 OF 23 79
and/or system or systems for the distribution and reception of
television signals for all purposes whatsoever, for a period of time
beginning September 15, 1964, and ending at
midnight fifteen ( 15) years from 15 September, 1964.
Five Beaches Cable T.V. , Inc., a Florida Corporation is given the
option of renewal on the terms and conditions of the franchise herein
granted.
(B) The grantee is hereby given, granted and vested with the
non-exclusive right, authority, easement, privilege and franchise to
construct, erect, suspend, install, renew, maintain, operate and
conduct throughout the City of Cape Canaveral, Florida, a system of
poles, towers, conduits, cables, under-ground cables, and conduits,
conductors, amplifying equipment on poles, fittings and all appliances
or appurtenances as necessary or desirable to the furnishing,
distribution or sale of the television reception service for all
purposes whatsoever or to the operation of the community antenna system,
over, under, along and across all streets, avenues, alleys, ways
bridges, rivers and waterways, and public places in the City of Cape
Canaveral, Florida, as they now exist or may hereafter exist or be laid
out or extended, together with the further right, privilege and franchise
to construct, erect, suspend, install, lay renew, repair, maintain, and
operate such poles, towers, conduits, cables, under-ground cables and
appliances and appurtenances necessary or desirable to the distribution
within, into, through, over and above and beyond the City of Cape
Canaveral, Florida, and furnishing, supplying and distributing to the
City of Cape Canaveral, Florida, and to the inhabitants both within and
beyond the limits thereof, television reception service and for the
purpose of extending its lines beyond the limits of the City of Cape
Canaveral, Florida, together with the further right to contract with
power company and/or telephone company for the use of its poles and
equipment and appliances for use in carrying to the inhabitants and
corporations of the City of Cape Canaveral, Florida and beyond said
television reception service.[Ord. No. 36-64, §3, 15 Sept. 1964]
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PAGE 2 OF 15
Sec. 415.04. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES
The Company shall at all times during the life of this franchise,
be subject to all lawful exercise of the police power by the City, and
to such reasonable regulation as the Council shall hereafter by
resolution or ordinance provide. [Ord. No. 36-64, §4, 15 Sept. 1964]
Sec. 415.05 SERVICE STANDARDS
The Company shall maintain and operate its system and render
efficient service in accordance with the rules and regulations as are
set forth by the Council as provided for in §415.08
or by the Public Utilities Commission of the State of Florida.
[Ord. No. 86-64, §5, 15 Sept. 1964]
Sec. 415.06. NOTICE OF INTERRUPTION FOR REPAIRS
Whenever it is necessary to shut off or interrupt service for the
purpose of making repairs, adjustments or installations, the Company shall
do so at such time as will cause the least amount of inconvenience to its
customers, and unless such interruption is unforeseen and immediately
necessary, it shall give reasonable notice thereof to its customers.
[Ord. NO. 36-64, §6, 15 Sept. 1964]
Sec. 415.07 CONDITIONS ON STREET OCCUPANCE
(A) Approval Procedure All installations shall be done only in
accordance with plans first submitted to and approved by the City Engineer,
or officer, employee, persons, or firms designated by the Council. The
City Engineer is herein for convenience called "engineer" . Any repair
work which requires the disturbance of the surface of any street or which
will interfere with traffic, shall not be undertaken without prior
permission and approval of the manner of doing the work by engnineer
(B) Requirements All installations shall be done in a neat and
workmanlike manner, all construction shall confoi-.11 to the requirements of
the National Electric Safety code and any statutes, regulations and
ordinances governing the same or similar installations.
(C) 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 the proper use of streets, alleys and
public ways and places, and to cause minimum interference with the rights
or reasonable convenience of property owners who adjoin any of the said
streets, alleys or other public ways and places.
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PAGE 3 OF 15
(D) Restoration In case, of any disturbance of pavement, sidewalk,
driveway or other surfacing, fthe Company shall, at its own cost and
expense and in a manner approved by the City Building Inspector, replace
and restore all paving, sidewalk, driveway or surface of any street or
alley disturbed, in as good condition as before said work was commenced.
(E) Relocation In event that at any time during the period of
this Franchise the Council shall lawfully elect to alter, or change the
grade of any street, alley, or other public way, the Company upon reason—
able notice by the Council, shall remove, relay, and relocate its poles,
wires, cable, underground conduits, manholes and other telephone fixtures
at its own expense.
(F) Placement of Fixtures The Company shall not place poles or
other fixtures where the same will interfere with any gas, electric or
telephone fixture, water hydrant or main, and all such poles or other
fixtures placed in any street, shall be placed at the outer edge of the
sidewalk and inside the curb line, and those placed in alleys shall be
placed close to the line of the lot abutting on said alley, and then in
such a manner as not to interfere with the usual travel on said streets,
alleys and public ways.
(G) Temporary Removal of Wire for Building Moving The Company
shall, on the request of any person holding a building moving permit
issued by the Council, temporarily raise or lower its wires to permit the
moving of buildings. The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the same, and the
Company shall have the authority to require such payment in advance. The
Company shall be given not less than one week advance notice to arrange
for such temporary wire changes.
(H) Tree Trimming The Company shall, have the authority to trim
trees upon and overhanging streets, alleys, sidewalks, and public places
of the City so as to prevent the branches of such trees from coming
in contact with the wires and cables of the Company, all trimming to be
done under the supervision and direction of the Council and at the expense
of the Company.
(I) Safety Precautions The Company's work while in progress shall
be properly protected at all times with suitable barricades, flags, lights,
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PAGE 4 OF 15 82
flares, or other devices to protect all members of the public having
occasion to use the portion of the streets involved or adjacent property.
(J) Determination of Right to Use Streets It is understood that
there may be within the boundaries of the City various streets as defined
in §415.03 which the Council does not have the
unqualified right to authorize the Company to use, because of reservations;
therefore, in making this grant the Commission does not warrant or
represent as to any particular street or portion of a street that it has
the right to authorize the Company to install or maintain portions of its
system therein, and in each case the burden and responsibility for making
such determination in advance of the installation shall be upon the
grantee. [Ord. No. 36-64, §7, 15 Sept. 1964]
COUNCIL RIGHTS IN FRANCHISE
(A) Council Rules The right is hereby reserved to the Council to
adopt, in addition to the provisions herein contained and existing
applicable ordinances, such additional regulations as it shall find
necessary in the exercise of police power, provided that such regulations,
by ordinance or otherwise, shall be reasonable, and not in conflict with
the rights herein granted, and shall not be in conflict with the laws of
the State of Florida.
(B) Use of System by Council The Council shall have the right,
during the life of this Franchise, free of charge, where aerial con-
struction exists, of maintaining upon the poles of the Company within the
City limits, wire and pole fixtures necessary for a police and fire alarm
system, such wires and fixtures to be constructed and maintained to the
satisfaction of the Company and in accordance with its specifications.
(1) Compliance with Company Rules The Council, in its use and
maintenance of such wires and fixtures, shall at all times
comply with the rules and regulations of the Company so that
there may be a minimum danger of contact or conflict between
the wires and fixtures of the Company and the wires and
fixtures used by the Council.
(2) Liability The Council shall be solely responsible for all
damage to persons or property arising out of the construction
or maintenance of said wires and fixtures authorized by this
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PAGE 5 OF 15 83/5
Sectio., and shall sate the Company harmless from all
claims and demands whatsoever arising out of the
attachment, maintenance, change or removal of said
wires and fixtures to the poles of the Company. In
case of rearrangement of the Company plant or removal
of poles or fixtures the Council shall save the Company
harmless from any damage to persons or property arising
out of the removal or construction of its wires or other
fixtures.
(C) Supervision and Inspection The Council shall have the right
t'o supervise all construction or installation work performed subject to
the provisions of this Franchise and to make such inspections as it shall
find necessary to insure compliance with governing ordinances.
D) Procedure after Termination At the end of the term of this
Franchise, the Council shall have the right to determine whether the
Company shall continue to operate and maintain its distribution system
pending the decision of the Council as to the future maintenance and
operation of such system.
(E) Right of Acquisition by the City At the expiration of the
term for which this Franchise is granted, the Council, at its election
and upon the payment of an amount as hereinafter provided, shall have
the right to purchase and take over the property of the Company in its
entirety. Upon the exercise of this option by the Council by the service
of an official notice upon the Company to that effect, the Company shall
immediately execute such deeds or instruments of conveyance to the Council
as shall be required to convey to the Council title to the property in
fee simple, free from any and all liens and encumbrances. The Company
shall make it a condition of each contract entered into by it, with
reference to operations under this Franchise, that the Contract shall be
subject to the exercise of this option by the Council and that the Council
shall have the right to succeed to all privileges and the obligations
thereof at its option.
[Ord. No. 36-64, §8, 15 Sept, 1964]
Sec. 415.09 PROTECTIVE AND INDEMNITY PROVISIONS
(A) The grantee shall indemnify and hold harmless the City, its
officers, agents and employees from all claims, debts, liabilities,
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PAGE 6 OF 15 84
demands, interests, court cost and attorneys fees to itself or any third
person, whether for bodily injury, death, property damage or otherwise,
in any way arising out of the operations of grantees contemplated by the
grant, or related work upon grantee's system, whether directly authorized
by this grant or not.
(B) Permanent Payment and Performance Guarantee The Company will
furnish bond, or its equivalent, to the Commission in the sum of Five
thousand Dollars ($5,000.00) which shall be renewed each year and remain
in full force and effect throughout. the terms of this Franchise
to guarantee the payment of all sums which may become due to the Council
for rentals, inspections, or work performed for the benefit of the
Company under this Franchise, including the removal of attach—
ments upon termination of this Franchise by and of its
provisions, and such bond or its equivalent, shall guarantee to the
Council the performance by the Company of all the provisions of this
Franchise and all laws, rules and regulations herein permitted
to be adopted and enforced.
(C) Prior to commencing construction of any kind, grantee shall have
in full force and effect and thereafter constantly maintain and file
evidence thereof with the City Auditor and/or Clerk, a good and
sufficient policy or policies of insurance covering One hundred thousand
Dollars ($100,000.00) personal injury, each person; Three hundred
thousand Dollars ($300,000.00) personal injury each accident; and Fifty
thousand Dollars (350,000.00) property damage to be executed by an
insurance company or companies authorized and qualified to do business
in Florida and conditioned to indemnify and save harmless the Council
from and against any and all claims, actions, suits, liabilities, loss,
costs, expenses, interest, attorneys fees or damage of any kind or
description which may accrue to or be suffered by the Council or by
anyone by reason of any construction, extension, repair, maintenance,
operation or other work or by reason of anything that has been done by
the grantee hereunder which may in any way cause liability by reason
thereof; provided, however, that whenever in the judgment of the
Council, said insurance shall be deemed insufficient or inadequate, then
grantee upon demand by said Council shall furnish new or additional
insurance in such reasonable amount or amounts as may be specified by it.
[Ord. No. 36-64, §9, 15 Sept. 1964]
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PAGE 7 OF 15 85/7
Sec. 415.10 CHARGES AND SERVICES
The grantee shall have the right to charge and collect reasonable
compensation from all subscribers to whom it shall furnish service
under this grant and franchise. It is agreed that until otherwise
provided by state law, the legislative authority of the Council shall
have jurisdiction and control over the services authorized by this
grant and franchise and over all rates and charges made therefore, .
provided that the legislative authority of the Council shall never
prescribe rates other than such as shall be just, reasonable, adequate,
and sufficient; and that its jurisdiction and control shall at all
times be subject to review by the courts. The grantee shall submit a
proposed "Schedule of Charges" on every second anniversary of the
effective date of this Ordinance, which then will be approved or
modified by the Commission. In the event the Commission fails to act
as provided in the foregoing sentence, the schedule of charges then in
force shall continua in effect. Grantee may petition the Council for a
reconsideration ofthe "Schedule of Charges" at any time.
[Ord. No. 36-64, §10, 15 Sept. 1964]
Sec. 415.11 COMPENSATION TO THE CITY
In consideration for the franchise granted herein, Five Beaches
Cable T.V. , Inc. , will pay to the City a franchise fee in the amount of
all sums collected as such as designated on the "Schedule of Charges"
which is attached hereto as Schedule "A" or incorporated herein. So
much of the books of the Corporation as is necessary for independent
ascertainment of the amounts collected as franchise fee will be open for
inspection of the Council and/or their designated accountant.
. The said franchise fee shall be specifically three percent (350 of
the gross on service charges excluding all fees collected for installation
or connection charges, and said franchise fee shall be paid to the City
quarterly. [Ord. No. 36-64, §11, 15 Sept. 1964]
See. 415.12 INTERRUPTIONS
In the event the television signal service and/or the community
antenna system should be interrupted or fail by reason of accident or
otherwise beyond the control of the grantee, the grantee shall restore
the service within a reasonable time and such interruption shall not
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PAGE 8 OF 15 8 86
constitute a breach of this franchise, nor shall the grantee be liable
for damage by reason of such interruption of failure. [Ord. No. 36-64, §12, 15 Sept. 1964]
Sec. 415.13 SERVICE AVAILABILITY
A sample copy of all types of contracts to be entered into between
grantee and its subscribers shall be filed with the Council.
In the event that any subscriber shall breach said contract, the
grantee reserves to itself the right to withhold and/or deny service to
such subscriber. Service will be made available within a twelve (12)
month period to all inhabitants of the City within the designated area
on the maps marked as Exhibit B, and within a twenty four (24) month
period the area designated as Exhibit C. The balance of the inhabitants
will have service available at such time as there is sufficient demand
and it is economically feasible to provide said service. [Ord. No. 36-64, §13, 15 Sept. 1964]
Sec. 415.14 ACCEPTANCE
The grantee 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
grantee shall, within thirty (30) days after the effective date of this
Ordinance file with the City Clerk and City Auditor its written acceptance
of the rights and privileges hereby conferred with the terms and conditions
and restrictions hereby imposed. [Ord. No. 36-64, §14, 15 Sept. 1964]
Sec. 415.15 CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict herewith shall
be and the same are hereby repealed; provided, however, the Council shall
not hereby be deemed to have surrendered any part of its control over the
streets, nor shall any other franchise granted to any other person, firm,
or corporation be deemed to be repealed in any respect. [Ord. No. 36-64, §15, 15 Sept. 1964]
Sec. 415.16 EXTENSION OF CITY LIMITS
Upon the annexation of any territory by the City, the right,
privilege and franchise hereby granted shall extend to the territory so
annexed, and all facilities owned, maintained or operated by said grantee,
located within the territory so annexed upon any of the streets, alleys,
or other public places situated in such annexed territory, shall
thereafter be subject to all the terms hereof. [Ord. No. 36-64, §16, 15 Sept. 1964]
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PAGE 9 OF 15 9 87
Sec. 415.17 SEPERABILITY
(A) Five Beaches Cable T.Y. , Inc. , or its successors and/or
assigns, shall within one hundred and twenty (120) days from the effec-
tive date of grant of this Franchise commence construction and laying
cable for use within the City of Cape Canaveral provided, however, that
Five Beaches Cable T.Y. , Inc. is not barred or prevented from commence-
ment of construction during this designated period on account of "strike"
or other labor strife against Florida Power and Light Company and/or the
Southern Bell Telephone Company or for any reason beyond the control of the
grantee.
(B) Five Beaches Cable T.V. , Inc. , shall within twelve ( 12) months
after commencement of construction of the installation proposed herein,
the period for commencement of construction to be determined by sub-
section(A) of this Section, be ready and able to provide television
circuit reception except in those areas where the cost of providing and
maintaining service is in the opinion of the Company manifestly
exorbitant.
[Ord. No. 36-64, §17, 15 Sept. 1964]
Sec. 415.18 PROPOSED CHANNEL SYSTEM
(A) Grantee proposes to construct a system with twelve (12) channel
capabilities. Immediate service consists of three (3) television signals,
a weather service and background music service. As additional television
and other services become available and practical, they will be added to
the system up to the limit of twelve (12).
(B) Grantee agrees to allocate one (1) channel of its system for
the sole and exclusive use of Civil Defense, Police, Fire and other City
or Community Departments, Associations or Bodies which are designated by
the Council as serving the Community interest and necessity. The Company
shall provide time on the channel for the broadcasting of news, informa-
tion, instruction, or advise on the part of those organizations in the
public interest, provided each broadcast is requested and authorized by
the Council.
In the event the Company desires to broadcast programs or messages
in behalf of these organizations on this channel they shall do so only
with the permission and authorization of the Council.
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PAGE 10 OF 15
The time, type, kird, and the content of each broadcast on this
channel shall be governed by and be entirely within the jurisdiction of
the council. Five Beaches Cable T.V. , Inc., however, shall at all times
reserve the right to control or reject all or any part of the content of
any broadcast on this channel should it, in its opinion, fail to adhere to
the television code of the National Association of Broadcasters. Five
Beaches Cable T.V. , Inc. , shall provide these organizations with time
and the normal use of its facilities over this channel at no charge,
provided the council or the organization using this facility shall pay
the Company for any out-of-pocket costs, fees, or extraordinary expense
incurred by it in providing this service.
[Ord. No. 36-64, §18, 15 Sept. 1964]
Sec. 415.19 ASSIGNMENT OF FRANCHISE
The grantee herein may assign its rights under this franchise with
the consent of the Council, provided, however, this Franchise shall not
be assigned prior to the completion of the system or systems for the
stribution and reception of television signals as set out in §415.19.
[Ord. No. 36-64, §19, 15 Sept. 1964]
Sec. 415.20 PROHIBITIONS
(A) Advertising The Company shall not use the system for adver-
tising purposes for itself or others without consent of the Council
except that which is received from regular broadcasting station merely
relayed to the subscribers in the same manner as is received from such
broadcasting station with its normal program.
(B) Regulated Public Utilities The Company shall not use the
system to interfere or conflict with services offered by public utilities
regulated by the Florida Railroad and Public Utilities Commission.
[Ord. No. 36-64, §20, 15 Sept. 1964]
Sec. 415.21 BREACH CLAUSE
SixIn the event that the Company (Grantee) breaches in any particular
its duties, responsibilities or obligations under this Ordinance, includ-
ing but not limted to its before mentioned construction schedule and
service availability schedule, then and in that even the City (Grantor)
shall have the right to declare the franchise granted hereunder null and
void and shall havo the right to terminate the said franchise upon three
(3) days notice to the Company (Grantee) ; and it is further provided that
in such event the Company shall forfeit to the City the sum of One
thousand Dollars ($1,000.00) which has been heretofore deposited with the
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PAGE 11 OF 16 8
City as prepayment of the said franchise under this franchise.
Page 12 OF 15 90