747ORDINANCE NO. 747
AN ORDINANCE AMENDING ORDINANCE NO. 663 OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, GRANTING THE TM COMMUNICATIONS COMPANY
OF FLORIDA A NON-EXCLUSIVE FRANCHISE TO ERECT,
MAINTAIN AND OPERATE A CABLE TELEVISION SERVICE
BY ADDING THERETO SUB -PARAGRAPH NUMBERED SECTION
7. (a) PROVIDING THAT THE COMPANY SHALL HOLD THE
CITY HARMLESS AND BLAMELESS FOR ANY LOSS OR
DAMAGE CAUSED BY THE CITY OR ANY EMPLOYEE THEREOF
ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT
OR ANY EQUIPMENT OF THE CITY TO THE SYSTEM OR ANY
PART THEREOF OF THE COMPANY AND BY ALSO ADDING A
SUB -PARAGRAPH NUMBERED SECTION 19. (a) PROVIDING
THAT THE COMPANY SHALL WITHIN FIVE YEARS FROM
JUNE 15. 1972 HAVE CABLE DISTRIBUTION FACILITIES
THAT ARE AVAILABLE TO ANY AND EVERY USER OF SAID
SERVICE REGARDLESS OF WHERE SAID USER LIVES OR
RESIDES OR MAINTAINS A BUSINESS WITHIN THE CITY
LIMITS. IT IS THE INTENT OF THIS SUB -PARAGRAPH
THAT THE COMPANY SHALL HAVE ITS SERVICE AND
SYSTEM AVAILABLE FOR TOTAL DISTRIBUTION IN EACH
AND EVERY AREA OF THE CITY OF EDGEWATER WITHIN
FIVE YEARS FROM JUNE 15, 1972;PROVIDED HOWEVER
THAT THE FIVE YEAR REQUIREMENT CONTAINED IN THIS
SUB -PARAGRAPH SHALL APPLY TO ANY SUBSEQUENTLY
ANNEXED TERRITORY BEGINNING WITH THE DATE OF SAID
ANNEXATION, AND FURTHER PROVIDING THAT ALL PARTS
AND SECTIONS OF ORDINANCE NO. 663 SHALL BE AND
REMAIN IN FULL FORCE AND EFFECT, AND PROVIDING
AN EFFECTIVE DATE THEREFOR.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. That Sections 7 and 19 of Ordinance No. 663
of the City of Edgewater, Florida be and the same are hereby
amended to add sub -sections thereto which shall read as follows:
SECTION 7. (a) That the company shall hold
the city harmless and blameless against any loss or damage
caused by the city or any employee thereof acting within the
scope of his or her employment or any equipment of the city
to the system or any part thereof of the company.
SECTION 19. (a) Providing that the company shall
within five years from June 15, 1972 have cable distribution
facilities that are available,to any and every user of said
service regardless of where said user lives or resides or
maintains a business within the city limits. It is the intent
of this sub -section that the company shall have its service
and system available for total distribution in each and every
area of the city of Edgewater within five years from June 15,
14f)
1972 and provided further however that the five year
requirement contained in this sub -section shall apply to
any subsequently annexed territory beginning with the date
of said annexation, providing, however, that in case any
land is subsequently annexed by the City after the effective
date of this Ordinance then any exceptions to the provisions
contained in this sub -section must be based on substantial
economic infeasibility which said substantial economic
infeasibility must be justified by the company with the
City Council, which shall be responsible for final
determination and discussion as to the existence of a
substantial economic infeasibility.
SECTION 2. That all parts and sections of Ordinance
No. 663 shall be and remain in full force and effect.
SECTION 3. That this Ordinance shall become effective
immediately upon its adoption by the City Council and
approval by the Mayor.
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 March 20, 1972.
Upon motion duly made, seconded and carried, the
requirement of reading said Ordinance upon second reading
was waived and the Ordinance was ordered put upon final
passage.
Passed by vote of the City Council of the City of
Edgewater, Florida at a Regular Meeting of said Council
held on the 20th day of March A.D., 1972, and approved as
provided by law, the vote of said Council upon roll call
being as follows:
ATJJiS,T: Gad
8yoyor
7-2
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�A `lk& ed .this 20th day
MaTtih A.D., 1972. _ m n
man
This Ordinance was prepared by
Charles A. Hall, City Attorney. -2-