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CATV - CABLE TELEVISION (10) ,. 1 1 ORDINANCE NO. 2085 AN ORDINANCE ESTABLISHING RA TES PURSUANT TO THE CLEARWATER CABLE CO}v!MUNICATION FRANCHISE ORDINANCE (ORDINANCE NO. 2084); PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Commission of the City of Clearwater has adopted a cable communication franchise ordinance for Vision Cable of Pinellas, Inc. (hereinafter "Companyll) which will go into effect immediately upon adoption; and WHEREAS, Company has agreed on February 21 ,1980, to be bound by all the terns and conditions of said franchise; and WHERE.."\S, Company has submitted a proposed maximum. rate schedule for service to be charged by Company pursuant to the franchise; and WHERE.."\S, the Commission of the City of Clearwater has held a public hearing, has considered the information and docwnents, and has fully heard and considered the matter before it; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWA TER, FLORIDA: Section 1. Franchise Fee The Company shall pay, as compensation to the City, a franchise fee of three per cent (3%) of its gross revenues. The Gty may, at its pleasure, increase or decrease the franchise fee unless prohibited by law or regulation. Section 2. Standard L'"1stallation Unless otherwise specifically provided, a standard installation shall be an aerial drop or underground drop of no more thar. one hundred fifty (150) feet. Section 3. Residential Installation a. The m~.xi.rnwn charge for any trip to a residence for installation of standard service for transmission of all television viewing signals, irrespective of number of outlets, shall be $15.00. There shall be no ". -1- J7"'(JCI- /l) (( " I I charge for any such installation requested by a customer within thirty days of the initial availability of service for that dwelling unit. b. The following maximwn rates shall apply for each trip for such standard installation to any apartment unit or apartment building recreation area or condominium unit or condominiwn common area or cooperative apartment unit or mobile home unit: (1) Time and materials not to exceed $15.00 per unit. (2) There shall be no charge for any installation requested by a customer within thirty days of the initial availability of service for that dwelling unit. c. The maximwn charge for a parental lockout device shall be $10.00. d. Aerial drops and underground drops in exces s of one hundred fifty (150) feet shall be the same as standard installation, plus Company's cost for that portion of the drop in excess of one hundred fifty (150) feet from pole attachznent. Company may request advance payment for such installation. Section 4. Nonresidential Installation Except as otherwise provided herein, the maximwn rates for installation to nonresidential facilities shall be at Company.s cost. Section 5. Schools and Colleges and Municipal Buildings and Public Proper~y. a. Installation shall be made upon request, of up to ten (10) outlets without charge at each public school, college, municipal building and public property in the City. b. Any requests for outlets in excess of ten (10) shall be the Company's actual cost less Company's cost for installing the first ten (10) outlets. c. Should the school district or the City desire to provide its own exterior/interior distribution, the Company shall render technical assistance without charge. Such installations are subject to inspection and approval by the Company . -2- " I I Section 6. Prewiring Projects The owner or builder of a residential or commercial building or other project shall have the right to prewire an entire project for cable service. A project for the purpose of this section shall be any new construction which at the time of prewiring is not past the normal stage of electrical wiring. a. Owner or Builder Prewiring Company shall provide a standard installation to a prewired project at the standard installation rate if the owner or builder complies with the following procedure. (1) Owner or builder uses methods and materials approved in advance or supplied by the Company. Company shall supply specification,s and materials at its cost upon request. (2) Owner or builder request inspection and approval according to a schedule supplied by Company. Company shall inspect and provide technical assistance at its cost upon request. b. Company Prewiring Company shall provide a standard installation to a prewiredproject at the standard installation rate if Company has prewired the project. Request for prewiring shall be sufficiently in advance for Company to arrange for prewiring except in no event shall such advance notice be required to exceed forty-five (45) days prior to commencement. c. Any aerial installation in excess of 150 feet to a prewired project shall be charged according to Section 3 d. Section 7. Standard Monthly Service Rates a. Except as otherwise specifically provided for, Company may charge maximUIn monthly service rates to commercial establishments, institutions, single-family dwellings, single-apartrn.ent units, single-condominium units, apartrn.ent building recreation areas or concominiwn common a reas or mobile home units otherwise provided for under Section 8, as follows: - 3- I I (1) First Outlet $6.00 (2) Each Additional Outlet 2.00 (3) Set Top Converter n/c (4) Remote Control Converter 1. 00 (5) Sports Channels Option 2.00 (6) Each Additional Sports Channel Option Outlet 1.00 (7) FM Service 2.00 Section 8. Special Monthly Service Rates a. Hotels, Motels, Institutions and Multi-Family Dwelling Units: (1) Company may charge maximUIIl monthly service rates to apartInents, condominiUIIls, cooperative apartments, other multi-family units" hotels, motels, nursing homes, hospitals and other similar buildups where there is 100 percent subscription, as follows: (a) Each Outlet $4.00 (b) Set Top Converter n/c (c) Remote Control Converter 1. 00 (d) Sports ChannelsOption 2.00 (e) FM Service 2.00 (2) One hundred percent (100%) subscription shall mean that there shall be as many outlets as habitable units in the building. b. Public Schools and Colleges and Municipal Buildings and Public Property: There shall be no monthly charge for service to public schools, colleges, municipal buildings or public property. Section 9. Transfers When a current customer moves from one address within the franchised area to a second address within the franchised area and there is no lapse in service, a maximUIIl transfer charge of Fifteen Dollars ($15.00) may be made. -4- I I Section 10. Early Extension Company shall extend service pursuant to the early extension pro- visions of the franchise at its costs which shall be apportioned equally among those requesting the early extension. Costs may be required to be paid in advance or Company may require reasonable assurance of payment prior to commencement of such extension. In the event the area into which early extension has been made reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension service. Section 11. Reconnection Company shall restore service to customers wishing restoration of service, provided customer shall first satisfy any previous obligations owed. A maximum reconnection fee of Fifteen Dollars ($15.00) may be charged customer. Section 12. Relocation or Extension of Cable Except as otherwise provided, when a current customer requests an extension or relocation of cable to be made, the Company may charge a maximum of Fifteen Dollars ($15.00). Section 13. Waiver of Certain Fees No charge shall be made for any installation, transfer, relocation, or reconnection which can be accomplished without a trip to the dwelling unit. Section 14. Deposits Company may require an advance deposit of a part or all of the estimated costs for installation. Company may require a deposit for each converter in an amount not to exceed the cost of converters at the time of installation. Section 15. Revision of Rate Schedule Company may make application for a revision of the rate schedule at any time after two years from date of the completion and operation of the cable communication service. -5- . " '\, I I Section 16. This ordinance shall take effect and be in force after its passage and publication. PASSED ON FIRST READING AS AMENDED February 7, 1980 PASSED ON SECOND AND FINAL READING AND ADOPT ED AS AMENDED February 21, 1980 tjd~iSSit8 j~ Attest: . cL~ ~~ City Clerk- , -0-