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Ordinance 116 CATV• ORDINANCE N0. llb-1965 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, GRANTIIdG TO BURNUP & SIMS, INC „ A FLORIDA CORPORATION, A NON EXCLIISIVE FRANCHISE TO IISE THE PUBLIC STREETS, HIGHWAYS, ALLEYS AND EASEMENTS OF THE VILLAGE OF NGRTH PALM BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING A COI~SUNITY ANTENNA TELEVISION SYSTEM THEREON AND THERE- DNDER. ~ ~ * ~ ~ BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section. 1. That permission be and the same is hereby granted to BURNUP & SIMS, INC., its successors and assigns, to construct, maintain and operate lines o£ a community antenna • television system, including the necessary poles, conduits, cables, fixtures and electrical conductors upon, along, under and over the public roads, streets, highways, easements and swale areas o£ the VILLAGE OF NORTH PALM BEACH, FLORIDA, as its business may from time to time require, provided that all poles shall be neat and symmetrical. Section 2, The work of erecting poles and constructing underground conduits under this Ordinance shall be done subject to the supervision o£ the Village, and the Company shall replace or properly relay and repair any sidewalk or street that may be displaced by reason of such work, and shall restore any premises that may be disrupted by such work, in a condition equivalent to the original condition of the sidewalk, street, or premises, or to a better condition, and upon failure of the company to do so, after twenty days notice in writing shall have been given by the Mayor of the Village to the Company, the Village may repair such portion of the sidewalk or street or premises that may have been disturbed by the Company, and collect the cost so incurred from the Company. Section 3. The Company shall pay to the Village annually a sum equal to two per cent (2~) of the gross receipts of the Company £rom income derived from users of the community antenna television system in use within the corporate limits of the Village, excluding from gross receipts any income derived from installation charges by the Company for connecting its community antenna television system to the user, Paymant to the Village for each of the years that this Ordinance ' is in effect shall be made on or before the first day of March of that year, based on the receipts of the preceding fiscal year of the Company, the first of such annual payments to be made on or before March 1st of the year after service to the Village residents and users begins, based on receipts for the preceding fiscal year of the company. ' Section 4. The Company is granted permission to attach, or otherwise affix, cables or wires to the pole facilities of any public utility company franchised within the Village of North Palm Beach, provided that said grantee, its successors, or assigns, secures the written permission and consent of the aforementioned public utility company concerned to affix the said cables and/or • wires or other apparatus to their pole facilities, provided that a copy of this written permission or consent is first filed with the Village of North Palm Beach. ORDINANCE N0. 116-1965 Page -2- Section 5. The Company shall indemnify the Village against, and assume all liabilities for, damages which may arise or accrue to the Village for any injury to persons or property from the doing of any work herein authorized, or the neglect of the Company or any of its employees to comply with any Ordinance regulating the use of the streets of the Village, and the acceptance by the Company of this Ordinance shall be an agreement by it to pay to the Village any sum of money for which the Village may become liable from or by reason of such injury. .. Section 6, The Company shall file with the Village Clerk of the Village its acceptance o£ this Ordinance within ninety days from the date when it shall take effect. Section.7. Nothing in this Ordinance shall be ..construed as a surrender by the Village of its right or power to pass Ordinances regulating the use of its streets, highways, alleys and easements. Section 8. This Ordinance shall be in force and effect for a term of thirty (30) years from and after its passage, and the Village hereby reserves the right and requires the said Company, as a condition precedent to the taking effect of this grant, to give and grant to the Village of North Palm Beach, Florida, the right, in accordance with Section 167.22, Florida Statutes, at and after the expiration of such term, to purchase the community antenna television system plant or other property in said Village used under or in connection with this grant, or such part of such property as the municipality may desire to purchase at a valuation of the property, real and personal, desired, which valuation shall be fixed by arbitration, as may be provided by law; and the acceptance of this Ordinance shall operate as a grant by the said Company to the Village of said right to purchase. Section 9, This Ordinance shall become null and void in the event that the Company does not begin construction of its community antenna television system facilities within two years from date so as to provide the services outlined herein to the residents of the Village of North Palm Beach within a period of not less than two and one half years from date. Section 10, Nothing contained in this Ordinance or in this nonexclusive franchise shall be construed to prohibit the granting o£ an additional or separate nonexclusive franchise for pay television facilities in the future, either to the Company herein or to any company, in the sole discretion of the Villlageof North Palm Beach. Section 11. Subject to the provisions that all rates hereunder shall at all times be non- discriminatory and such as to protect the company and the public, the rates and charges to residen- tial and commercial users of the community antenna system shall be those as filed by the Company with the Village Manager, which shall be available for inspection by the public and residents of the Village of North Palm Beach, provided however, that any rate changes shall not be effective until thirty days after they have been filed with the Village Manager and provided further, however, that the monthly service charge for each single family residence or for each unit of a multiple family residence shall not exceed the sum of SIX DOLLARS (6.00) for each television outlet located therein. Section 12. All Ordinances or parts o£ Ordinances in conflict herewith are hereby repealed. • ORDINANCE N0. 116-1965 Page -3- ' FIRST READING the 9th day of March, 1965. SECOND, FINAL READING AND PASSAGE the 23rd day of March, 1965. MAYOR • (SEAL) ATTEST: Village ager