HomeMy WebLinkAbout744-00 Renew FSN Cable TV Franchise 2/28/2000 Council took no action
on this ordinance.
Number will be reassigned.
ORDINANCE NO. 744-00
AN ORDINANCE OF THE CITY OF
ZEPHYRAILLS, FLORIDA, A MUNICIPAL
CORPORATION, GRANTING A LOCAL
PREFERENCE TO BIDDERS FOR MUNICIPAL
PURCHASES OF PROPERTY OR CONTRACTUAL
SERVICES; DEFINING THE TERM "LOCAL
PERSONS, FIRMS OR CORPORATION" AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida,
as follows:
SECTION 1: At the time of acceptance of a competitive bid for the purchase
of, or contract for personal property or contractual services, the City Council of the
City of Zephyrhills may at its discretion give a preference in amount not to exceed 3%
of the bid price to local persons, firms or corporations.
Local preference shall apply to all bids unless specifically deleted by City
Council, or by operation of law.
"Local Persons, Firms or Corporations", shall be defined as those whose
principal place of business is located within the municipal boundaries of the City of
Zephyrhills, Pasco County, Florida,
SECTION 2: The provisions of this Ordinance are severable, and if any
section, sentence, clause, or phrase is for any reason held to be unconstitutional,
invalid, or ineffective, this holding shall not affect the validity of the remaining
portions of the Ordinance, it being expressly declared to be the City Council's intent
that it would have passed the valid portions of this Ordinance without the inclusion
of any invalid portion or portions.
SECTION 3: This Ordinance shall become effective immediately
upon its passage.
The foregoing Ordinance No. was read and passed on its first reading
by the City Council of the City of Zephyrhills, Florida, on this day of
, A.D., 2000.
ELIZABETH A. GEIGER
President of City Council
ATTEST:
City Clerk, Linda D. Boan
The foregoing Ordinance No. was read and passed on its second reading
by the City Council of the City of Zephyrhills, Florida, on this day of
, A.D., 2000.
ELIZABETH A. GEIGER
President of City Council
ATTEST:
City Clerk, Linda D. Boan
The foregoing Ordinance No. was approved by me this day
of , A.D., 2000.
JAMES A. BAILEY,Mayor
9/ ; :
ORDINANCE NO.: 744-00
t,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS, FLORIDA, GRANTING A
RENEWAL FRANCHISE FOR A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF
ZEPHYRHILLS TO FSN CABLE, INC., (FSN);
PROVIDING FOR THE PAYMENT OF A FEE AND
OTHER VALUABLE CONSIDERATION TO THE
CITY FOR THE USE OF CITY STREETS AND
OTHER PUBLIC WAYS IN THE CONSTRUCTION,
MAINTENANCE, OPERATION, REPAIR AND
UPGRADE OF THE CABLE TELEVISION SYSTEM;
PROVIDING FOR COMPENSATION TO THE CITY
OF ZEPHYRHILLS FOR COSTS ASSOCIATED
THEREWITH; PROVIDING FOR REMEDIES AND
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PRESCRIBE PENALTIES FOR VIOLATION OF
THIS ORDINANCE AND THE FRANCHISE
GRANTED HEREUNDER AND PROVIDING FOR
AN EFFECTIVE DATE. Y
WHEREAS,the City Council of the City of Zephyrhills has determined that it is `
in the best interest of the citizens of the City of Zephyrhills to enact an Ordinance
granting to FSN Cable, Inc., (FSN) a renewal of its franchise to provide cable television T —"
within the city limits of the City of Zephyrhills to enable the City of Zephyrhills to
exercise its full authority to act under and in a manner consistent with, the Cable Act and
the FCC rules and regulations promulgated for the implementation thereof and state law;
and
WHEREAS,this Ordinance is to be construed and interpreted in accordance with
the provisions of the Cable Act and FCC rules and regulations and state law; and
WHEREAS, this Ordinance is to authorize a franchise to FSN for Cable
•
Television Systems and services only, and that any other communications systems and
services provided through use of the City's public ways must be authorized pursuant to
a separate ordinance governing said services or other authorization of the City of
Zephyrhills; and
WHEREAS, this Ordinance shall only be affective upon FSN. The City of
Zephyrhills,Florida and FSN shall execute a Franchise Agreement agreeing to be bound
by the terms and conditions herein.
NOW THEREFORE, be it ordained by the City Council of the City of
Zephyrhills, Florida, sitting in regular session, as follows:
SECTION 1: ARTICLE I-Definitions:
For the purposes of this ordinance,the following terms, phrases, words and their
derivations shall have the meaning given herein, unless the context clearly indicates that
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
ij}; 11 43 ;.: 82
another meaning is intended. Words not defined herein shall have the meaning
subscribed to them in Title 47, Section 522, United States Code, as amended from time
to time. Where any inconsistencies may arise, the definition assigned by the United
States Code shall be controlling. 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. Words of the
masculine gender shall be deemed and construed to include correlative words of the
feminine gender. The word "shall" is mandatory and not merely directory.
A. "Access Channel" means a Channel or Channels the programming of
which is provided by groups or members of the public, educational institutions, or the
government, and is retransmitted by the Grantee.
B. "Activated Channels" means those Channels engineered at the headed
of a cable system for the provision of services generally available to residential
subscribers of the cable system, regardless of whether such services are actually
provided, including any channel designated for public, educational, or governmental use.
C. "Basic Cable System" means any service tier which includes the
retransmission of local television broadcast signals.
D. "Cable Act"means the Communications Act of 1934, 47 U.S.C. Sections
151-611, as amended by the Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996, and including any further amendments made thereto.
E. "Cable Channel" or "Channel" means a band of frequencies in the
electromagnetic spectrum, or any other means of transmission (including, without
limitation, optical fibers or any other means now available or that may become available),
which is capable or carrying a video signal, an audio signal, a voice signal, or a data
signal.
F. "Cable Service" means (1) the one-way transmission to subscribers of
video programming or other programming service, and (2) subscriber interaction, if any,
which is required for the selection or use of such video programming or other
programming service.
G. "Cable Television System" or "Cable Communications System" or
"System" or "Cable Television" or "CATV" means any facility, all or a portion of
which is located in the City, consisting of a set of closed transmission paths and _
associated signal generation, reception, and control equipment, that is designed to
provide Cable Service to Subscribers, but such term does not include:
(i.) a facility that serves only to retransmit the television signals of one or
more television broadcasting stations;
(ii.) a facility that serves Subscribers without using any public way(s);
(iii.) a facility of a common carrier which is subject, in whole or in part, to the
provisions of title II of the Communications Act of 1934, except to the extent
such facility is used in the transmission of video programming directly to
Subscribers, unless the extent of such use is solely to provide interactive on- �--�
demand services;
(iv.) an open video system that complies with 47 U.S.C. Section 573; or i -
(v.) any facilities of an electric utility used solely for operating its electric I .
utility systems.
H. "City" or "City of Zephyrhills" means the City Council or the City of
Zephyrhills, Florida and the incorporated city limits thereof.
I. "Converter" means an electronic device which converts signals to a i.
frequency into not susceptible to interference within the television receiver of a
Subscriber, and by an appropriate channel selector also permits a subscriber to view all
signals delivered at designated dial locations.
J. "Council" or "City Council" means the City Council of the City of
Zephyrhills.
K. "Designee"means the person or department, chosen by the City Council
to act in matters related to cable television.
L. "Fair Market Value"means the price that a willing buyer would pay to
a willing seller for ownership of the Cable System determined on the basis of a Cable
System valued as a going concern but with no value allocated to the Franchise itself.
M "Federal Communications Commission"or "FCC" means the present
federal agency of that name as constituted by the Commissions Act of 1934, or any
successor agency created by the United States Congress.
N. "Franchise" means the non-exclusive rights granted hereunder to
construct, operate, maintain, repair and upgrade a Cable Television System in or along
the public ways in the City, or within specified areas in the city, and is not intended to
include any license or permit required for the privilege or transacting and carrying on a
business within the City as may be required by other ordinances and laws of the City.
0. "Franchise Agreement"means the agreement between the City and the
Grantee evidencing the award of a cable television Franchise and consisting of all other
terms and conditions with respect to such award, not inconsistent with the provisions of
the Cable Act and this ordinance as the same may be amended, including all attachments,
appendices, and amendments to such agreement.
P. "Franchise Area" means that portion of the City for which a Franchise
is granted under the authority of this ordinance. The Franchise Area may be the
corporate limits of the City as they may from time to time be redrawn or a portion
thereof.
Q. "Grantee" means the Person granted a franchise by the City under this
ordinance and its lawful and approved successor.
LI a i..,
R. "Gross Revenues" means all revenues derived from the operation of a
Cable Television System, franchised pursuant to this ordinance by the Grantee, its
affiliates, subsidies, parents, and any person in which the Grantee has a financial interest,
in order to provide Cable Service; provided, however, that revenues of an affiliate,
subsidiary, parent or Person in which Grantee has a financial interest shall not be Gross
Revenues to the extent they are derived from direct payments by the Grantee to them in
exchange for services used in the operation of the System and represent an operating cost
to the Grantee. Gross Revenues include, but are not limited to, revenue earned from:
regular subscriber service fees; installation and reconnection fees; leased channel fees;
converter rentals; advertising; charges for per-program, per-channel and pay TV services;
data and other electronic transmission service to the extent the Cable Act permits the
Grantee to provide such services as Cable Service; home shopping programming and
services; and any of the foregoing revenues earned by Grantee's parent company, if
applicable, which are allocated locally and not already included within the revenues
derived from the operation of the System by the Grantee; provided, however, that this
shall not include any taxes on services furnished by the Grantee herein imposed directly
upon any Subscriber or user by the State, local or other governmental unit and collected
by the Grantee on behalf of said governmental unit and shall not include revenues from
the sale or rental of promotional items or general merchandise which is not utilized in the
cable system. Gross Revenues shall be determined in accordance with Generally
Accepted Accounting Principals and include all revenues earned by the Grantee as
previously described.
S. "Interactive On-demand Services" means a service providing video
programming to Subscribers over switched networks on an on-demand, point-to-point
basis,but does not include services providing video programming pre-scheduled by the
programming provider.
T. "City Manager" means the Chief Executive Officer of the City of
Zephyrhills.
U. "Person(s)" means an individual, partnership, association, affiliate,
company,joint stock company, firm,trust, corporation, government body or other legally
recognized entity.
V. "Public Way" means the surface, the air space above the surface, and
the area below the surface of any public street, highway, parkways, waterways, or other
public right-of-way, including public utility easements or rights-of-ways, and any
temporary or permanent fixtures or improvements located thereon now or hereafter held
by the City which shall entitle the City and the Grantee to the use thereof for the purpose
of installing and maintaining the Grantee's Cable Television.
W. "Schools"means all public or private tax-exempt educational institutions,
including elementary and secondary schools, community and junior colleges, colleges and
•
universities.
X. "State-of-the-Art" means that level of technical or service performance, i
capacity and capability (including, but not limited to plant or other equipment; �f
construction techniques;customer service; facilities; equipment, systems and operations;
I :w.
and performance standards) which has been developed and demonstrated in the cable
industry to be workable and economically and technically feasible and viable from time i i~
to time throughout the term of the Franchise.
Y. "Subscriber" means any Person who receives the regular subscriber
service and/or any one or more of such other services as may be provided by the Grantee'
Cable Television System and does not further distribute such service(s).
Z. "User"means a Person utilizing a System channel or System equipment
and facilities for purposes of production and/or transmission of material, as contrasted
with receipt thereof in a Subscriber capacity.
SECTION 2: ARTICLE II-Franchise Conditions:
2.1 Franchise Term and Non-Exclusivity:
A. The term of this Franchise shall be for five (5) years and shall commence
on the date the Franchise is approved by the City Council; provided, however, the
Franchise shall not be effective until the terms hereunder have been accepted by the
Grantee and an executed Franchise Agreement.
B. The Franchise granted pursuant to this ordinance shall not be exclusive
to the Grantee. The City shall be deemed to reserve the right to grant other Franchises
to use and occupy the Public Ways of the City for Cable Television or any other purpose.
C. This ordinance, either in whole or in part, shall not be construed as
granting or intending to grant to the Grantee a franchise to use the Public Way(s) in the
City, or any portion of the Cable Television System therein, for the provision of any
service other than Cable Service, including,but not limited to, telecommunications, local
telephone exchange, alternative local access, competitive access, toll access or any other
service or use not expressly provided for herein.
2.2 Franchise Review and Modification:
A. It shall be the policy of the City to amend this Franchise, upon application
of the Grantee, when necessary to enable the Grantee to take advantage of advancements
in the State-of-the-Art which will afford it an opportunity to more effectively, efficiently,
or economically serve its subscribers; provided, however, that this section shall not be
construed to require the City to make any amendment.
B. Within the term of the Franchise, the City may initiate negotiations with
Grantee(s) for the purpose of amending the Franchise awarded hereunder.
2.3 Franchise Renewal:
A. During the six(6)month period which begins with the 36th month before
the Franchise expiration, the City may on its own initiative, and shall at the written
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request of the Grantee, commence proceedings for the purpose of:
i. identifying the future cable-related community needs and interests; and
ii. reviewing the performance of the Grantee under the Franchise during the
then current franchise term.
B. Upon completion of a proceeding under Section 2.3, subsection A., the
Grantee may, on its own initiative or at the request of the City, submit a proposal for
renewal. Subject to the Cable Act at 47 U.S.C., Section 624 such proposal for renewal
shall contain all information required of any Person applying for the Franchise hereunder,
and, at the City's request, may need to include a proposal for upgrade of the System.
The City Council reserves the right to set a date by which a proposal for renewal must
be received by the City.
C. The request for renewal shall be considered in accordance with the
procedures set forth in the Cable Act at 47 U.S.C., Section 543, as amended from time
to time.
D. If the City Council determines that the Franchise should be renewed based
upon its findings made with respect to the factors described in subparagraphs (A)
through (D) of subsection (c)(1) of the Cable Act at 47 U.S.C., Section 546, the City
Council shall renew the Grantee's Franchise for a period of time not inconsistent with the
provisions of Section 2.1 of this Article.
E. In the event the City determines that the Grantee is not entitled to renewal
of the Franchise in accordance with procedure and standards set forth in the Cable Act,
the city shall have the right not to renew the Franchise. If the City does not renew the
Franchise,the Grantee shall have a reasonable length of time to attempt to find a buyer,
satisfactory to the City,to buy the assets of the System owned by the Grantee and obtain
a Franchise to operate the System. If the Grantee cannot find such a buyer, the City, to
the extent then permitted by existing law, shall have the option to either:
i. Require the removal of all property owned by the Grantee that is located
within the Public Ways of the city. Furthermore, in removing its plant, structures,
and equipment, the Grantee shall refill at its own expense any excavation that
shall be made by it and shall leave all Public Ways and places in as good condition
as that prevailing prior to the Grantee's removal of its equipment and appliances,
without affecting the electric or telephone cables,wires or attachments. The City
shall inspect and approve the conditions of the Public Ways and public places and
cables, wires, attachments, and poles after removal. The liability insurance,
indemnity provided in Section 2.7 shall continue in full force and effect during the
period of removal.
ii. Require the Grantee to abandon in place in any property which, in the
City's opinion, would be too disruptive to the Public Ways to be removed.
F. The City's above stated options must be exercised within one (1) year
from the date of the expiration of the Franchise unless such period is extended with the
consent of the Grantee.
2.4 Franchise Revocation Procedures:
A. Whenever the Grantee shall refuse, neglect or willfully fail to construct,
operate, maintain, repair or upgrade its Cable Television System or to provide service
to its Subscribers in substantial accordance with the Cable Act, the terms of this
ordinance and the Franchise Agreement, or to comply with the conditions of occupancy
of any Public Ways, or to make required extensions of service, or in any other way ""
substantially violates the Cable Act, the terms and conditions of this ordinance, the
Franchise Agreement, or any applicable rule or regulation, or practices any fraud orCr."!
deceit upon the City or its Subscribers, or fails to pay franchisee fees when due, or if a E.
Grantee becomes insolvent, or unable to or unwilling to pay its uncontested debts, the
Franchise may be subject to revocation proceedings as set forth below.
B. In the event the City Manager or designee believes that grounds for
revocation exists, or have existed,the City Manager or designee must notify the Grantee
in writing, setting forth the nature and facts of such noncompliance. If, within sixty(60)
days following such written notification, the Grantee has not furnished reasonably
satisfactory evidence that corrective action has been taken or is being actively and
expeditiously pursued, or that the alleged violations did not occur, or that the alleged
violations were beyond the Grantee's control, the City Manager or designers may
thereupon refer the matter to City Council.
C. Upon referral from the City Manager, designee or by its own motion the
City Council may revoke the Franchise pursuant to this section.
D. The City shall not revoke the Franchise herein granted until the City has
given written notice to the Grantee that it proposes to take such an action and the
grounds therefor. Further, the City shall not revoke the Franchise until the Grantee, or
its representative, has had reasonable opportunity to be heard before the City Council
and show that the proposed grounds for revocation did not or do not exist, as the case
maybe.
E. The Grantee shall not be subject to the sanctions of this section for any
act or omission wherein such act or omission was beyond the Grantee's control. An act
or omission shall not be deemed to be beyond the Grantee's control if committed,
omitted, or caused by a corporation or other business entity which holds a controlling
interest in the Grantee, whether held directly or indirectly. Further, the inability of the
Grantee to obtain financing, for whatever reason, shall not be an act or omission which
is "beyond the Grantee's control."
2.5 Franchise Fee:
A. The Grantee, in consideration of the privilege granted under the Franchise
for the operation of a Cable Television System within the Public Ways of the City, and
the expense to the City of regulation and administration arising therefrom, shall pay
quarterly to the City five percent (5%) of the Gross Revenues derived in such period
from the operation of the Cable Television System to provide Cable Service. Such
payment will be considered timely if received by the City within thirty(30) days from the
end of the previous quarter.
B. The Grantee shall file with the City, within thirty (30) days after the
expiration of each of the Grantee's fiscal quarters, a financial statement clearly showing
the Gross Revenues of the Grantee during the preceding quarter, and shall
simultaneously tender payment of the quarterly portion of the franchise fee. The Grantee
shall file,within one hundred twenty(120)days following the conclusion of the Grantee's
fiscal year, an annual certified audit prepared and reported by a Certified Public
Accountant acceptable to the City, clearly showing the yearly total Gross Revenues in
accordance with Generally Accepted Accounting Principles as required herein.
C. The City shall have the right, consistent with the provision of Section
3.2(C),to inspect during normal business hours the Grantee's income records, the right
of audit and the right to the recomputation of any amounts determined to be payable
under this ordinance. The Grantee shall maintain its books and records within a forty-
five (45) mile radius of the City of Zephyrhills' City Hall, or provide these books and
records to the City Clerk of the City of Zephyrhills within thirty(30) days of the City's
written request. If books and records are not provided to the City at City Hall within
thirty (30) days, the City shall conduct the inspection and audit at Grantee's place of
business and Grantee shall bear all costs of said audit. Any additional amount due the
City as a result of the audit, including interest at the rate set forth in Section 2.65(F) shall
be paid within thirty(30)days following written notice to the Grantee by the City which
notice shall include a copy of the audit report.
D. The Grantee shall ensure,through contract or other arrangement, that any
Person other than the Grantee who collects from Subscribers of Cable Service amounts
that would constitute Gross Revenues if received directly by the Grantee is required to
remit to the City quarterly a percentage of such amounts collected which is equal to the
then-applicable franchise fee. Such contract or arrangement must also require the Person
to submit reports which meets the requirements of Section 2.5(B) and must entitle the
City to enforce the fee and reporting requirements directly against the Person.
E. In the event that any franchise fee payment is not made on or before the
applicable dates heretofore specified, interest shall be charged from such due date at the
maximum rate allowed by law or one and one-half percent (1-1/2%) per month,
whichever is less. For recomputed or audited amounts, interest thereon shall be
calculated, at the rate described in the preceding sentence, from the date the payment that
is the subject of the recomputation or audit was originally due the City or for such lesser
period of time as may be required by law.
2.6 Insurance-Indemnity:
A. Upon the granting of the Franchise and within thirty(3 0) days following
the filing of the acceptance under Section 5.7 hereof and at all times during the terms of
the Franchise, including the time for removal of facilities, the Grantee shall obtain, pay
all premiums for, and file with the City written evidence of payment of premiums and
executed duplicate copies of the following:
i. A general comprehensive liability policy indemnifying, defending and
saving harmless the City, its officers,boards, commissions, agents or employees from any
and all claims by any Person whatsoever on account of injury to or death of a person or
persons occasioned by the operations of the Grantee under the Franchise herein granted,
or alleged to have been so caused or occurred with a minimum liability of One Million
Dollars ($1,000,000.00) combined single limit for personal injury or death, or such
greater amount as shall be specified in the Franchise Agreement.
ii. Property damage insurance indemnifying, defending, and saving harmless
the City, its officers, boards, commissions, agents and employees from and against all
claims by any Person whatsoever for property damage occasioned by the operation of
Grantee under the Franchise herein granted, or alleged to have been so caused or
occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000.00)
combined single limit for property damage, or such greater amount as shall be specified
in the Franchise Agreement.
iii " ° Workers' Compensation and employer's liability insurance valid in the
State indemnifying, defending, and saving harmless the City, its officers, boards,
commissions, agents and employees from and against all claims by any Persons
whatsoever for accident or injury occasioned by the operations of Grantee under the
Franchise granted pursuant hereto, or alleged to have been so caused or occurred, with
a minimum liability of the Statutory limit for Workers' Compensation and Five Hundred
Thousand Dollars($500,000.00)for employer's liability, or such greater amount as shall
be specified in the Franchise Agreement.
2.7 Bonds-Insurance:
A. Insurance policies or Certificates of Insurance called for herein shall be
in a form satisfactory to the City Attorney and shall require thirty (30) days written
notice of any cancellation to both the City and the Grantee. The certificate of insurance
and insurance policies shall be submitted to the City within thirty(30) days after award
of the Franchise in order for Grantee to obtain the appropriate engineering permits
required for construction. The Grantee shall, in the event of any such cancellation notice,
obtain, pay all premiums for, and file with the City, written evidence of the issuance of
policies within thirty(30)days following receipt by the City or the Grantee of any notice
of cancellation.
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B. Except for the wilful misconduct or gross negligence of the City, the
Grantee shall, at its sole cost and expense, defend, indemnify and hold harmless the City,
its officials, board commissions, consultants, agency and employees from and against any
and all claims, suits, causes of action, proceedings, liabilities and judgements for damages
arising out of or in connection with(1)the award of the Franchise granted hereunder, (2)
the Grantee's construction, operation, maintenance, repair or upgrade of the Cable
Television System under the Franchise. These damages shall include, but not be limited
to, penalties arising out of copyright infringements and damages arising out of any failure
by Grantee to secure consents from the owners, authorized distributors or licensees of
programs to be delivered by the Grantee's Cable Television System, excluding PEG
Programming provided by Persons other than the Grantee, whether or not any act or
omission complained of is authorized„ allowed, or prohibited by the Franchise.
Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses,
such as attorney fees, and shall also include the reasonable value of any services rendered
by the City Attorney or his assistants or any consultants, agency and employees of the
City.
2.7 Letter of Credit-Bonds-Financial Documentation:
A. Within thirty(30)days after the award of the Franchise, the Grantee shall
deposit with the City a letter of credit, paid bond or other financial document acceptable
to the City from a financial institution in the amount of Twenty-Five Thousand Dollars
($25,000.00). The form and content of such letter of credit or financial document shall
be approved by the City Attorney. The letter of credit, bond, or financial document shall
be used to insure the faithful performance by the Grantee of all provisions of the
Franchise and this ordinance; and compliance with all orders, permits, and directions of
any agency, commission, board, department, bureau or office of the City having
jurisdiction over its acts or defaults under the Franchise Agreement or this ordinance, and
the payments by the Grantee of any penalties, claims, liens and taxes due the City or
other governmental entities which arise by reason of the construction, operation,
maintenance, repair or upgrade of the System.
B. If the Grantee fails to pay to the City any compensation due the City
within the time fixed herein; or, fails, after thirty(30) days notice to pay to the City any
amounts due and unpaid; or fails to repay the City within thirty(30) days, any damages,
costs or expenses which the City is compelled to pay by reason of any act or default of
the Grantee in connection with the Franchise; or, fails, after ten(10) days notice of such
failure by the Grantee to comply with any provision of the Franchise Agreement or this
ordinance which the City reasonably determines can be remedied by demand on the letter
of credit,bond, or other financial document, the City may immediately request payment
of the amount thereof,with interest any penalties, from the letter of credit, bond, or other
financial document. Upon such request for payment, the City shall notify the Grantee of
the amount and date thereof.
C. The letter of credit,bond, or other financial document shall be maintained
at Twenty-Five Thousand Dollars ($25,000.00) during the entire term of the Franchise.
In the event that amounts are withdrawn pursuant to paragraph A or B of this section, 4 ( )
the Grantee, shall take any action required to maintain the letter of credit bond, or other j •
financial document at said full amount within ten(10)days of the notification by the City
i
of its withdrawal against the letter of credit bond, or other financial document. Y,
D. The rights reserved to the City with respect to the letter of credit, bond,
or other financial document are in addition to all other rights of the City, whether I
reserved by this ordinance, the Franchise Agreement or authorized by law, and no action,
proceeding or exercise of a right with respect to such letter of credit, bond, or other
financial document shall affect any other right the City may have.
E. The letter of credit, bond, or other financial document shall contain the
following endorsement:
"It is hereby understood and agrees that this letter of credit, bond, or other
financial document, (whichever is applicable) shall not be cancelled by the surety nor the
intention not to renew be stated by the surety until thirty(30) days after receipt by the
City, by registered mail, or a written notice of such intention to cancel or not to renew."
2.9 Transfer of Franchise:
A. The Franchise granted under this ordinance shall be privilege to be held
in personal trust-by the Grantee. It shall not be assigned, transferred, sold or disposed
of,in whole or in part, by voluntary sale, sale and lease back, merger, consolidation, or
otherwise or by forced or involuntary sale, without prior consent of City Council, and
then on only such conditions as may be therein reasonably prescribed. Any sale, transfer
or assignment not made according to the procedures set forth in this ordinance shall
render the Franchise voidable. The sale, transfer or assignment in bulk of the major part
of the tangible assets of the Grantee shall be considered an assignment and shall be
subject to the provisions of this section. Such prior consent of City Council shall not be
required, however, for any assignment, transfer or sale to a parent corporation of the
Grantee or a majority owned affiliate or subsidiary corporation of the Grantee, provided,
that such parent, affiliate or subsidiary pays all outstanding franchise fee due to the City,
agrees in writing to assume all other liabilities and obligations of the Grantee, and agrees
in writing to be fully bound by the terms and conditions of this ordinance and the
Franchise Agreement.
B. The City shall have 120 days to act upon any request from the Grantee
for consent of a sale, transfer or assignment of the System.
The 120 days shall commence on the date the City receives a request for consent
containing the proper FCC forms and other information required in accordance with this
Section, the FCC regulations or the Franchise Agreement. If the City fails to render a
99
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final decision on the request within that 120 day period, such request shall be deemed
granted unless the Grantee and the City agree to an extension of time.
C. Any sale,transfer or assignment authorized by the City shall be made by
a bill of sale or similar document, an executed copy of which shall be filed with the city
within thirty (30) days after any such sale, transfer or assignment. The City shall not
withhold consent unreasonably;provided, however,the proposed assignee or new owner
agrees to comply with the Cable Act and all the provisions of this ordinance and the
Franchise Agreement, including amendments thereto, and must be able to provide proof
of legal, technical and financial qualifications and ability to operate and maintain the
System, as determined by the City.
D. No such consent shall be required for a transfer in trust, mortgage, or
other instrument of hypothecation, in whole or in part, to secure an indebtedness except
when such hypothecation shall exceed seventy-five percent (75%) of the Fair Market
Value of the property used by the Grantee in the operation of its Cable Television
System. Prior consent of the City shall be required for such transfer and said consent
shall not be withheld unreasonably.
E. Prior approval of the City shall be required were ownership or control of
a majority of outstanding shares of the Grantee is acquired during the term of the
Franchise in any transaction or series of transactions by a Person or group of Persons
acting in concert, none of whom owned or a majority of the outstanding shares or more
of such right of control, singularly or collectively on the effective date of the Franchise.
F. The consent of the City to any sale, transfer, lease, trust, mortgage, or
other instrument of hypothecation shall not constitute a waiver or release of any of the
rights of the City under this ordinance and the Franchise Agreement.
G. In the event of any acquisition, transfer or abandonment of the System,
the Grantee shall promptly supply the City with all records necessary to reflect the
change in ownership and for the continued operation and maintenance of the System.
SECTION 3: ARTICLE III-Subscriber Fees, Service, Bills and Records:
3.1 Subscriber Fees, Service and Bills:
A. The City hereby adopts and will adhere to those rules and regulations
established and adopted by the FCC pursuant to Title 47, Section 543, et. seq., of the
United States Code, as amended from time to time, for the regulations of Basic Cable
Service (including rate regulations of Basic Cable Service and associated equipment,
installation and service charges). In connection therewith, the City will ensure that there
is a reasonable opportunity for the consideration of the views of interested parties.
B. All charges to Subscribers shall be consistent with a schedule of rates for
all services offered as established by the Grantee. Changes in the schedule for Basic
Cable Service rates, and for associated equipment and installation charges, shall not take
effect until(1)notification of same is delivered to the City and to current Subscribers and
users, unless such change in rates or charges is the result of a fee, tax, assessment or
charge imposed by the City, state or any federal agency on transactions between the
Grantee and Subscribers, and (2) the City has determined, within the period of time
gym' 1
allotted by federal law, that the change in rates or other charges is reasonable under the
rules and regulations adopted in paragraph A herein.
C. The Grantee shall not, with regard to fees and availability of Cable
Service, discriminate or grant any preference or advantage to any Person; provided,
however, that the Grantee may establish different rates for different classes ofx
Subscribers, provided that the Grantee does not discriminate between any Subscribers
of the same class. The Grantee shall ensure that access to Cable Service is not denied
to any group of potential residential Subscribers because of the income of the residents
of the local area in which such group resides.
D. The City may hold public hearings to consider public comment from
interested parties regarding any proposed change in Basic Cable Service rates by the
Grantee.
E. The Grantee shall be required to provide in writing each new Subscriber
of all applicable fees and charges for providing Cable Service.
F. Grantee, may, at its own discretion, in a non-discriminatory manner,
waive,reduce, or suspend connection fees and/or monthly service fees for promotional
purposes.
.G" Subscriber bills shall present billing information in a clear, concise and
understandable manner and in a way that is not misleading, does not mis-characterize any
information and does not omit material information. The Grantee must fully itemize the
Subscriber bill,with itemizations including,but not limited to, basic and premium service
charges and equipment charges. The Grantee must also clearly delineate in Subscriber
bills all activity during the billing period, including optional charges, refunds and credits.
3.2 Books and Records:
A. Grantee shall, (1) within thirty (30) days following the acceptance of a
Franchise, (2) at least yearly thereafter, and (3)within thirty(30) days of the change of
ownership of the majority of outstanding shares of the outstanding stocks or equivalent
ownership interest of a Grantee, furnish the City a list, showing the names and addresses
of Persons owning the majority of outstanding shares or more of the outstanding stock
or equivalent ownership interest of the Grantee. Such list shall include a roster of the
Grantee's officers and directors (or equivalent managerial personnel). This provision
shall not apply to a company whose stock is publicly traded on a major stock exchange.
B. A Grantee shall maintain accurate books and records for its System;
provided, however, that any expenses or expenditures which apply to both the System
in the City and any other operations shall be reasonably allocated between all such
operations, consistently with Generally Accepted Accounting Principles. Such books and
�i< c< . 43 4 f"._ 36
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records shall be retained, in any reasonable form, for a period of not less than five (5)
years.
C. In the event the City determines to regulate Subscriber rates, then the
books and records of the Grantee's operation within the City pertaining to the regulated
service shall be made available to the City, during normal business hours, for inspection
and audit by the City within thirty(30) days after such request has been made.
D. Copies of the Grantee's schedule of charges, contract or application forms
for Subscriber service, policy regarding the processing of Subscriber complains,
delinquent subscriber disconnect and reconnect procedures, and any other terms and
conditions adopted as the Grantee's policy in connection with its Subscribers shall be
filed with the City and shall be made available for inspection by the public in the
Grantee's local office.
SECTION 4: ARTICLE IV-System Operations:
4.1 Franchise Areas:
A. The areas of the City for which applications for which the Franchise
applies shall be the entire incorporated area of the City.
B. Except as otherwise provided, the Franchise Area shall be extended to
include property contiguous to the Franchise Area which may be annexed into the
corporate limits of the City after the Franchise is granted. For the purposes of this
Article the annexed area shall be considered the same as the areas contained in the
original Franchise Area, provided that the Grantee commences with construction and
extension of the System to the annexed area within 120 days from the date of annexation
and is capable of delivering Cable Service, in full accordance with this ordinance, to not
less than thirty-three and one-third percent (33-1/3%) of the occupied dwelling units in
the annexed area within twelve (12) months from the date of annexation and to not less
than an additional thirty-three and one-third percent (33-1/3%) for each of the next two
consecutive twelve (12) month periods thereafter, or such other period of time as may
be specified in the Franchise Agreement. The City may exclude newly annexed
contiguous property from the service area upon a showing that to include it would
detrimentally affect the economic feasibility of the Grantee's System.
• 4.2 Service Area:
A. Grantee shall make available for review at Grantee's place of business, to
the City, a map of suitable scale showing all roads and public buildings which indicates
the service area to be served.
B. The service area shall be subject to approval by the City, and shall be
incorporated into the Franchise granted pursuant to this Chapter. The service area shall
be considered to be coterminous with the Franchise Area except the Grantee may
exclude from the service area those areas which have a residential density of less than
fifty(50)units per cable mile.
C. Grantee must extend and make Cable Service available to any Person
requesting installation and,where such installation is located not more than one-hundred
twenty-five (125) feet from the existing aerial or buried drop line, with approved right-
of-way
I'
access and do so at the standard installation charge. I ;.
D. With respect to requests for installation at a location in excess of one ! "`
hundred and twenty-five feet(125') from the existing aerial or buried drop line, Grantee
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must extend and make available Cable Service to such isolated Persons at a reasonable '}+
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installation charge taking into consideration the actual installation costs incurred by the .
Grantee for the distance exceeding the one hundred and twenty-five feet (125').
4.3 System Description and Service:
A. The Grantee shall provide for the non-exclusive use of the City of
Zephyrhills the shared use of public educational governmental access channels within the
area that it now provides service within the incorporated and unincorporated areas of
Pasco County. Such access for said channels shall provide the following minimum
requirements:
1. A minimum of two(2) channels shall be reserved for public, educational
and governmental access. The proposed number of PEG access channels shall be
reserved by the Grantee unless a lesser or greater number is agreed to in the Franchise
Agreement.
2. The Grantee shall keep records of usage and requests for such access;.
channel(s) and, upon request by the City, shall furnish such records to the City for
review. If based upon such records of usage and requests for usage of the access
channel(s) the City Council of the City of Zephyrhills determines that there is a public
need for an additional channel or a portion of a channel, then the Grantee upon request
by the City, shall make available an additional channel or a portion of an additional
channel for such purposes; provided, however, the Grantee shall not be required to
dedicate for such purposes more than two (2) additional channels full-time or fifteen
percent (15%) of its available downstream channel capacity, whichever is less.
3. The operation of the public and educational access channels shall be
governed by a plan developed by the Grantee, and approved by the various governmental
franchisors which will promote community involvement and utilization of the access
channels and,with respect to public access channels only, shall include against direct and
indirect program censorship to the extent permitted by law. The use of the access
channels shall be coordinated with the use by other franchises operating within the
Zephyrhills area, subject to compliance with the provisions of this ordinance.
B. Except to the extent more services or greater use of facilities without
charge are agreed to in the Franchise Agreement, the Grantee shall provide, without
charge within the service area, at least one service outlet activated for regular subscribers
service to each fire station, public school, police station, public library, and each other
r _..,
building used for governmental purposes as may be designated by the City, provided such
buildings are not in excess of two hundred and fifty feet (250') from an existing aerial
or underground tap, and the Grantee shall not charge for the provision of regular
subscriber service to the service outlets once installed. However, unless otherwise
agreed to in the Franchise Agreement, the Grantee shall be permitted to recover, from
any public building owner entitled to free service, the direct cost of installing more than
one outlet, or concealed inside wiring.
C. Obscene Material
i. Grantee and all other Persons using or making use of the Cable
Communication Systems shall comply in all respects with applicable federal, state
and local laws and ordinances, including Section 847.011 and Section 847.07,
Florida Statutes, or any successor statutes thereto, regarding the broadcasting,
exhibition, display or showing of obscene material and shall not broadcast, exhibit
or display material judged to be obscene by any court.
ii. Compliance with paragraph one hereof is subject to applicable judicial
decisions and other restrictions and limitations imposed by law.
iii. Violation of this section by the Grantee shall be deemed a material breach
of any Franchise and shall subject the Grantee to all penalties and remedies
provided for herein or in the Franchise Agreement, as well as other remedies,
both legal and equitable, available to the City. To the extent permitted by law,
a willful violation of this section by a Lessee shall bar that Lessee from utilizing
the cable system for a period of one year following such violation and shall
subject the Lessee to all penalties and remedies, both legal and equitable,
available to the City.
D. Grantee shall, upon request of a Subscriber, provide to the Subscriber a
parental control devise or other feature (the type or model of which shall be in the
discretion of the Grantee), capable of locking out or distorting beyond recognition the
video and audio signals any Channel or Cable Service during periods selected by the
Subscriber.
4.4 Operational Requirements and Recorders:
A. Grantee shall construct, operate, maintain, repair and upgrade the Cable
Television System in full compliance with the rules and regulations, including applicable
amendments, of the Federal Communications Commission, and all other applicable
Federal, State or local laws and regulations, including the latest editions of the National
Electrical Safety Code and the National Fire Protection Association National Electrical
Code. The City hereby reserves the right upon request to review a Grantee's construction
plans prior to the commencement of construction.
B. Grantee shall maintain an office within Pasco County, East of Interstate
75 and South of Highways 301 and 98 which shall be open and accessible to the public
with adequate telephone service during normal business hours. Grantee shall employ an
operator(s) or maintain a telephone answering service twenty-four(24) hours per day,
each day of the year, to receive Subscriber complaints.
C. Grantee shall exercise its best effort to design, construct, operate,
maintain, repair and upgrade the system at all times so that signals carried are delivered
to Subscribers without material degradation in quality(within the limitations imposed by
the technical State-of-the-Art).
D. To the extent not prohibited by federal law, in the case of any emergency I
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or disaster,the Grantee shall,upon request of the City, make available its facilities to the
City or any other applicable governmental agency, on a shared basis, without costs, for
emergency use during the emergency or disaster period. '
4.5 Service,Adjustment and Complaint Procedure:
A. Except for circumstances beyond the Grantee's control such as strikes,
acts of God, weather, wars, riots and civil disturbances, the Grantee shall establish a
maintenance service capable of locating and correcting major System malfunctions
promptly. Said maintenance service shall be available at all hours to correct such major
System malfunctions affecting Subscribers.
B. A listed local telephone or toll-free number shall be made available to
Subscribers for service calls seven(7) days a week. Investigative and corrective action
shall be initiated in response to all service interruption calls, other than major outages
promptly and in no event later than twenty-four(24) hours after the call is received. In
the event that interrupted service to a Subscriber is not reestablished within twenty-four
(24) hours from the time the request for service is made to the Grantee, Grantee shall
credit such Subscriber's account, upon request, on a pro rata basis for loss of service
during each twenty-four (24) hours following report of loss of service to the Grantee.
The Grantee must begin corrective action on other service problems the next business
day after notification of the service problem. Appropriate records shall be made of
service calls showing when and what corrective action was completed. Such records
shall be available to the City during normal business hours and retained in Grantee's files
for not less than one(1)year. A summary of such calls shall be prepared by the Grantee
and submitted to the City upon request, beginning twelve (12) months after service is
provided to the first Subscriber.
C. Grantee shall furnish each Subscriber at the time service is installed
written instructions that clearly set forth procedures for placing a service call or
requesting an adjustment.
4.6 Street Occupancy:
A. Grantee shall utilize existing poles, conduits, and other facilities whenever
possible, and shall not construct or install any new, different, or additional poles,
conduits, or other facilities whether on the Public Way until the written approval of the
appropriate governmental authority is obtained, and which approval shall not be
unreasonably withheld by the municipality. However, no location on any pole or wire-
holding structure of the Grantee shall be a vested interest and such poles or structures
1, :1 -;; rye • s/1.
shall be removed or modified by the Grantee at its own expense whenever the City or
other governmental authority determines that the public convenience would be enhanced
thereby.
B. All transmissions lines, equipment, and structures shall be so installed and
located as to cause minimum interference with the rights and appearance and reasonable
convenience of the property owners who adjoin on any Public Way and at all times shall
be kept and maintained in a safe, adequate, and substantial condition, and in good order
and repair. The Grantee shall at all times employ reasonable care and shall install and
maintain in use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable
barricades,flags, lights, flares, or other devices shall be used at such times and places as
are reasonably required for the safety of all members of the public. Any poles or other
fixtures placed in any Public Way by the Grantee shall be placed in such a manner as not
to interfere with the usual travel on such Public Way.
C. Grantee shall remove, replace, or modify at its own expense, the
installation of any of its facilities as may be deemed necessary by the City or other
appropriate governmental authority to meet its proper responsibilities. If, at any time,
it is reasonably determined by the City or other authority of competent jurisdiction that
any part of the System is harmful to the health or safety of any Person, then the Grantee
shall, at its own expense, promptly correct or eliminate all such conditions.
D. Except for acts of willful misconduct or gross negligence and to the
extent permitted by applicable law,neither the City nor its officials, boards, commissions,
consultants, agents, employees or independent contractors shall have any liability to the
Grantee for any liability arising out of or in connection with the protection, breaking
through, movement, removal, alteration, or relocation of any part of the System by or on
behalf of the Grantee or the City in connection with any emergency, public work, public
improvement, alteration of any municipal structure, any change in the grade or line of any
Public Way, or the elimination or closing of any Public Way. The City agrees to fully
comply with the spirit and intent of Florida Statute 556.101-111, the Underground
Facility Damage Prevention and Safety Act. When the Grantee incurs relocation, make
ready or other costs for the benefit of a municipality owned utility,,then the municipality
owned utility shall reimburse the Grantee. The Grantee shall also be reimbursed for
facility relocation during road widening to the same extent as other utilities are
reimbursed.
E. All installations shall be underground in those areas of the City where
public utilities providing both telephone and electric service are underground at the time
of installation. In areas where the telephone or electric utility facilities are above ground
at the time of installation, the Grantee may install its service above-ground, provided,
that at such time as those facilities are required to be placed underground by the City or
are placed underground, the Grantee shall likewise place its services underground
without additional cost to the City or to the individual Subscriber so served within the
City. If the facilities of either the electric or the telephone utility are aerial, the Cable
Television facilities may be located underground at the request of a property owner,
provided that the excess cost over aerial location shall be borne by the property owners
making the request.
F. In the event of disturbance of any Public Way or private property by the
Grantee, it shall, at its own expense and in a manner reasonably acceptable to the Cityco
or other appropriate governmental authority and the owner, replace and restore such
Public Way or private property in as good a condition as before the work causing such.
disturbance was done. In the event the Grantee fails to perform such replacement or
restoration, to the City's, other appropriate governmental authority's or the owner's
satisfaction, then upon notice, the Grantee shall investigate the situation as soon as
practical,but in no case shall the commencement of the investigation be more than three
(3) days after receipt of notice of the dissatisfaction. The Grantee shall attempt to
resolve the matter to the appropriate party's satisfaction.
G. Whenever, in case of fire or other disaster, it becomes necessary, in the
judgment of the City,to remove or damage any of the Grantee's facilities, no charge shall
be made by the Grantee against the City for restoration and repair.
H. At the request of any Person holding a valid building moving permit
issued by the City or other appropriate governmental authority and upon at least forty-
eight(48)hours notice, Grantee shall temporarily raise, lower, or cut its wires as may be
necessary to facilitate such move. The direct expense of such temporary changes,
including standby time, shall be paid by the permit holder, and the Grantee shall have the
authority to require payment in advance.
I. Grantee shall have the authority to trim trees on public property at its own
expense as may be necessary to protect its wires and facilities, subject to the supervision
and direction of the City or other appropriate governmental authority. If the Grantee
fails to trim trees on public property and such failure causes damage or injury to any
property or person,the Grantee shall indemnify, hold harmless, and defend the City from
any liability resulting from such damage or injury. The Grantee may contract for such
services;provided, however, any firm or individual so retained shall receive City approval
prior to commencing such activity.
J. Nothing in this ordinance shall exempt the Grantee from obtaining
Engineering Permits and pay the required fee for such permits pursuant to the Code of
the City of Zephyrhills or the Zephyrhills Land Development Code for work done within
the Public Way,to the extent that such permit fees are imposed on all other utilities and
such permit fee shall be in addition to any franchise fee authorized hereunder, without
right of offset.
4347 842
2'r.) I 1.:
4.7 Area Wide Interconnection of Cable Systems.
A. Grantee, if requested to do so by the City, shall consider interconnecting
Access Channels and/or local origination channels of its Cable Television System with
any or all other cable systems providing service in adjacent areas.
B. Upon receiving a request to interconnect, the Grantee shall make a good
faith effort to obtain agreements for the sharing of the interconnection costs among all
interconnecting companies. The Grantee does not have to interconnect, if the Grantee
has made a good faith effort but has been unable to obtain a reasonable interconnection
agreement or if the cost of the interconnection would cause an unreasonable increase in
Subscriber rates.
C. Grantee shall cooperate with any entity established for the purpose of
regulating, financing, or otherwise providing for the interconnection of Cable Television
System's access channels.
D. The City may require a new Grantee to provide local origination
equipment that is compatible with that used by other cable systems which are operating
in the City or within the adjacent areas.
E. The City shall make every reasonable effort to cooperate with franchising
authorities in contiguous communities, and with the Grantee, in order to provide Cable
Service in areas outside the City.
SECTION 5: ARTICLE V- General Provisions:
5.1 Compliance with State and Federal Law:
The Grantee, shall at all times, comply with all laws of the City, state and federal
government and the rules and regulations of any federal or state administrative agency.
5.2 Special License:
The City reserves the right to issue a license, easement, or other permit to anyone
other than the Grantee to permit that Person to traverse any portion of the Grantee's
Franchise Area within the City in order to provide service outside the City. Such license
or easement, absent a grant of a Franchise in accordance with the ordinance, shall not
authorize nor permit said Person to provide a Cable Service of any nature to any home
or place of business within the City, nor to render any service or connect any Subscriber
within the City to the Grantee's Cable Television System.
5.3 Failure to Enforce Franchise:
Grantee shall not be excused from complying with any of the terms and
conditions of this ordinance or the Franchise Agreement by a failure of the City, upon
any one or more occasions, to insist upon the Grantee's or any other Grantee's
performance or to seek Grantee's or any other Grantee's compliance with any one or
more of such terms and conditions.
5.4 Rights Reserved to the City:
The City hereby expressly reserves the right to exercise its governmental powers, r
now or hereafter, to the full extent that such powers may be vested in or granted to the
City.
5.5 Time Essence of Agreement:
Whenever this ordinance or the Franchise Agreement sets forth any time for any
act to be performed by or on the behalf of the Grantee, such time shall be deemed of the
essence and the Grantee's failure to perform within the time allotted shall, in all cases, be
sufficient grounds for the City to invoke the remedies available under the terms and
conditions of this ordinance and the Franchise Agreement.
5.6 Acceptance:
This Ordinance and the Franchise Agreement and their terms and conditions shall
be accepted by the Grantee by written instrument filed with the City within thirty(30)
days after the granting of the Franchise, unless said period is extended by the City at its
sole discretion. In its acceptance, the Grantee shall declare that it has carefully read the
terms and condition of this Ordinance and the Franchise Agreement and accepts all of the
terms and conditions imposed by this ordinance and the Franchise Agreement and agrees
to abide by same.
5.7 Liquidated Damages:
A. Notwithstanding any other remedies provided for in this ordinance, the
Franchise Agreement, or otherwise available under law, the City shall have the power to
impose the following monetary liquidated damages in the event the Grantee violates any
provision of this ordinance, the Franchise Agreement, or any rule or regulation lawfully
adopted thereunder and Grantee agrees to pay City monetary liquidated damages within
ten (10) days from the date of written notification for payment thereof in accordance
with the schedule set forth below. Any such liquidated damages shall be recoverable
from the performance bond, letter of credit, or other financial document, previously -
authorized by the City at the option of the City.
i. For failure to commence or complete construction,and installation of
System within proper time up to One Hundred Dollars ($100.00) perday.
ii. For failure to supply data required under this ordinance in connection with
installation, construction, customers, finances or financial reports, or rate review up to
One Hundred Dollars ($100.00) per day as the City may determine.
iii. For failure to respond to Subscriber complaints within the proper time,
unless good cause is shown or a correlating specific dollar credit has been applied to the
Subscriber's account for such failure up to One Hundred Dollars ($100.00) per day as
the City may determine.
iv. For failure to comply with any other material obligation contained in this
ordinance or the Franchise Agreement up to One Hundred Dollars ($100.00)per day.
' it1 4<; 7i .Y '
it
5.8 Grantee may Promulgate Rules:
Grantee shall have the authority to promulgate such rules, regulations, terms and
conditions of its business as shall be reasonably necessary to enable it to exercise its
rights and perform its services under this ordinance and the rules of the FCC, and to
assure uninterrupted service to each an all of its Subscribers. Such rules and regulations
shall not be deeded to have the force of law.
5.9 Delegation of Powers:
Any delegable right, power, or duty of the City,the Council, the designee, or any
official of the City under this ordinance may be transferred or delegated by resolution of
the Council to an appropriate officer, employee, department of the City, or any other
legal authority. Notwithstanding the foregoing, whenever a provision appears requiring
the City Manager to do some act, it is to be construed to authorize the City Manager to
designate, delegate, and authorize subordinates to perform the required act unless the
terms of the provision or section require otherwise.
SECTION 6-Severability: In the event any section, paragraph, subsection,
sentence, clause, phrase, or word of this ordinance shall for any reason be held
unconstitutional, invalid or ineffective, the same shall not repeal, nullify or in any way
affect any other section, paragraph, subsection, sentence, clause or portion of this
ordinance irrespective of any other section, paragraph, subsection, sentence, clause or
portion thereof.
SECTION 7-Effective Date: The Ordinance shall become effective and enforced
on the !dA day of :1_, A.D., 2000, upon second reading and
signing by the Mayor.
The foregoing Ordinance No440.was read and passed on its first reading in
open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this
A.D., 2000.
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ELI THA. GEIGERL
p � , President of City Council
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Attest: , r A i6
City Clerk, LINDA D. BOAN
The foregoing Ordinance No.:`f'&oo was read and passed on its second reading
in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on
this /D day of ,Vt;_e. ,A.D., 2000.
L ABETHA. GEIGER
President of City Council
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'Altest(t% • •
46
ty derk;l4NDA D. BOAN
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The foregoing Ordinance No.: 744-00 was approved by me this //02 -- day
afrtof A.D., 2000.
•
#_/1/ 1\, /
YAMES A. BAILEY, Mayor
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..J-411
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