78-O-2ryp J
/ ORDINANCE NO. /!J ` � — -
AN ORDINANCE RELATING TO THE CABLE TELEVISION
FRANCHISE; AMENDING ORDINANCES NO. 663 AND
NO. 747; PROVIDING FOR THE DEREGULATION OF
SUBSCRIBER FEES; PROVIDING FOR THE DELETION
OF A FIRST -REFUSAL OPTION IN FAVOR OF THE CITY;
PROVIDING FOR DELETION OF A REQUIREMENT FOR A
PERFORMANCE BOND; PROVIDING FOR THE SCOPE OF
REQUIRED SERVICE IN THE LICENSED AREA; PROVID-
ING FOR CRITERIA FOR EXTENSION OF CABLE TELE-
VISION SERVICE TO NEW OR EXISTING DEVELOPMENTS,
GROUPS OF RESIDENCES, OR SUBSCRIBER LOCATIONS;
PROVIDING FOR A SPECIAL INSTALLATION CHARGE
FOR CERTAIN INSTALLATIONS; PROVIDING FOR THE
DEFERRAL OF EXPANSION UNDER CERTAIN CIRCUM-
STANCES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. Section 8 or Ordinance 663, as amended by
Ordinances 747 and 946, of the City of Edgewater, Florida, is
hereby repealed.
SECTION 2. Section 9 of Ordinance 663, as amended by
Ordinances 747 and 946, of the City of Edgewater, Florida, is
amended to read:
"SECTION 9. The rights granted hereunder shall take
effect and be in full force from and after the date of acceptance
by the Company. The rights granted under this Ordinance shall
continue in full force and effect for an initial term of fifteen
(15) years from date of acceptance by the Company. The City
herewith grants to the Company the option and privilege to renew
the rights granted hereunder for an additional term of fifteen
(15) years under the terms provided herein. This option shall be
exercised by the company giving the City notice in writing of its
election to exercise the option, which notice shall not be less
than six (6) months nor more than two (2) years prior to the
expiration of said initial term. References in this Ordinance
to its "term" shall include the initial fifteen -year period and
the additional period of fifteen (15) years."
SECTION 3. Section 11 of Ordinance 663, as amended by
Ordinances 747 and 946, of the City of Edgewater, Florida, is
hereby repealed.
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SECTION 4. Section 19 of Ordinance 663, as amended by
ordinances 747 and 946, of the City of Edgewater, Florida, is
amended to read:
"SECTION 19. Scope and Service in Licensed Area.
(a) Subject to the expansion limitations pre-
scribed in subsections (h) and (i) of this section, the Company
agrees to furnish, in accordance with the provisions of this
section, community antenna television distribution in the licensed
area described in Section 2, with the capacity of providing the
maximum number of television channels as are now permitted under
Federal Communications Commission. In addition to the television
channels, the Company agrees to furnish a twenty-four hour time
and weather channel and FM radio signals. The term "cable"
television service," as used in this section, shall mean the
required number of television channels, a twenty-four hour time
and weather channel, and FM radio signals.
(b) As a public service, the Company shall furnish,
without the standard connection or installation charge or the
monthly service charge, cable television service (including the
time and weather channel and FM signals) to the offices of the
City located in the licensed area including, but not limited to,
the City Hall, Fire Department, Public Library and Police Station
and to all public schools located along the plant route within
the licensed area.
(c) The Company's present distribution facilities
and system are approved. The Company shall extend cable television
service at the standard connection or installation charge pre-
scribed in Section 8, to any isolated residence or subscriber
location within the licensed area, if the subscriber requests the
extension of service, and if the service connection to the isolated
residence or subscriber location would require no more than a cus-
tomary 100-foot aerial house drop line.
(d) The Company shall extend cable television
service to any isolated residence or subscriber location where
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the service connection would require more than the customary
100-foot aerial house drop line, if the subscriber agrees to
pay the special installation charge. A "special installation
charge" shall mean the actual cost to the Company to extend the
system and install service to the subscriber. The Company may
require that the special installation charge to be paid prior to
the installation of such service.
(e) The Company shall extend cable television
service to any new or existing subdivision development or group
of residences or subscriber locations within the licensed area,
at the standard installation charge prescribed in Section 8, if
the following conditions are met:
(1) The new or existing subdivision develop-
ment or group of residences or subscribers has a density of at
least 100 residences or subscriber locations for each strand mile
of cable necessary to serve such subscribers, and
(2) At least fifty (50%) percent of the
residences and subscriber locations within the subdivision
development or group of residences or subscriber locations have
requested, in writing, that service be extended to them and have
tendered payment to the Company of the standard installation
charge and the first month's monthly service charge.
(f) The Company may, at its option, extend service
to any new or existing subdivision, group of residences, or sub-
scriber locations regardless of whether the conditions prescribed
in subsection (e) are met.
(g) The Company may, at its option, extend under-
ground energized or unenergized cable or conduit to all or to any
part of a new residential development at the time of construction
of such development. The costs of trenching, conduit, pedestals,
vaults, laterals, and easements for such underground extension
shall be borne and paid by the developer or by owner of the property
to be served. All installations and construction, if any, done by
the developer or the owner shall be in accordance with the speci-
fications of the Company. The Company shall be obligated to make
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connections and extend service to the new residential development
when and if the conditions prescribed in subsection (e) are met.
(h) No provision of Ordinance 663, as amended,
shall require the Company to extend, in any 12-month period, cable
television trunk or distribution lines to more than twenty (20%)
percent of that portion of the licensed area which does not have
cable television service available to it on the date this section
becomes effective as an amendment of Ordinance No. 663. Any
requests for extension of service which are in excess of the limi-
tations prescribed in this subsection may, at the option of the
Company, be deferred to the next 12-month period.
(i) Upon petition by the Company, the City may
authorize the Company to defer any expansion of the facilities
or distribution system, as required under Ordinance No. 663 as
amended, upon a showing made by the Company that, because of the
then existing economic conditions or the application of Regula-
tions of the Federal Communications Commission, the Company is
unable to earn a fair rate of return on the investment reasonably
required to be made by such expansion. The burden of proof of
such facts shall be on the Company. A petition to authorize
deferment of expansion shall be heard by the governing board of
the City at public meeting after at least 10 days' public notice
has been given by publication in a newspaper of general circula-
tion in the City."
SECTION 5. This Ordinance shall take effect immediately
upon its adoption by the City Council and approval as provided
by law.
SECTION 6. The City Clerk is hereby directed to advertise
this Ordinance as required by law.
The first reading of the above Ordinance was read in full
and passed by vote of the City Council of the City of Edgewater
Florida, at a regular meeting of said Council held on the 3O i
day of ( Sit-, e-({¢.Y , 1978, and approved as provided by law.
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The second reading of said Ordinance to be at a
meeting not 1the City Council to be held on the aDday o
In_ , 1978, roll call vote being as follows:
ATTEST:
FIRST READING
Councilman
Counci an
Councilman
SECOND READING
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Councilman
ATTEST:
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C y'Clerk
Approved this ego day of
-??r � , A.D. ",978.
Mayor \�—
This Ordinance was prepared by:
Judson I. Woods, Jr., City Attorney
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