CATV - CABLE COMMUNICATION
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DOCUMENT COVER NOTE
E. W. SIVER & ASSOCIATES, INC. PO BOX 12829 ST, PETERSBURG, FLORIDA 33733 PHONE 813-822-9335
DESCRIPTION
Cable Communication Franchise
Ordinance 2084
City ef Clean<i3,ter ~nd V~s,j.'Qn Ci3,ole of
Pinellas, Inc., Franchisee
PRINCIPALS
INCEPTION DATE
Adoption of Ordinance
LOCATION
Fifteen (15) years (with grant of franchise
renewal for another ten (10) years)
City of Clearwater
EXPIRATION DATE
CONSIDERATION
As agreed w~th. R.tght of Purchase by City
RISK MANAGEMENT TERMS
Corporate surety bond of $1,000,000 or an irrevocable Letter of
Credit of $1,000,000 shall be furnished during twenty-four (24)
months for activating system in the City of Clearwater, with
thirty (30) days notice of cancellation of bond or credit letter
required to City by registered mail.
Franchisee shall hold City harmless from liability on account of
injuries or damage to persons or property arising out of con-
struction, maintenance, repair and operation of its cable tele-
vision system including cost of defense and value of services of
City Attorney or assistants or any of the employees of the City
or its agents.
Franchisee shall insure the City and Company through liability
insurance in the minimum amount of:
$ 500,000 for property damage to any one person
$2,000,000 for property damage l.n any accident
$1,000,000 for personal injury to any one person
$2,000,000 for personal inj ury in any one accident
Insurance policy must be filed with City, with evidence of payment
of premium and must contain a requirement of thirty (30) day notice
to the City (by registered mail) in the event of cancellation.
Cover Note presents highlights of the document, Please read document for complete data,-
MS/js 8/80
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E. W.'IVER & ASSOCIATES, INC.
City of Clearwater
Page 2
Cable Communication Franchise Ordinance 2084
Company (franchisee) shall fully indemnify, defend and hold
harmless the City, its officers, boards, commissions and employees
against any and all claims, suits, actions, 1iabi1it~ and
judgments for damages:
a. To persons or property in any way arising from
Company's negligence;
b. arising out of claim for invasion' of privacy,
defamation of the violation or infringement of
any copyright, patent etc.;
c. arising out of Company's failure to comply with
provisions of any federal, state or local statute,
ordinance or regulation applicable to Company in
its business hereunder.
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CABLE TV ORDINANCE #2084
ARTICLE II (cont)
Sec. 12b.-Annual report to the City listing all
stockholders and all officers and directors
is required. (page 28)
Sec. 14 - All petitions, applications, communications
and reports by the Company to FCC or other
aEencies are to be provided to the City
no later than the filing date for said
documents (page 29)
Sec. 15 - An annual financial report is to be filed
with the City Clerk no later than 120 days
after the end of the company's fiscal
year. (page 29)
ARTICLE III.
Sec. 3 _ Performance Evaluation Sessions are to be
held within 30 days of the 3rd, 5th and
10th anneversary dates of the franchise.
These sessions are open to the public and
are to be announced in the newspaper.
The company shall also announce the meetings
on at least one of its channels between
7 and 9 P.M. for 5 consecutive days. (page 33)
Sec. 6c- If the City seeks to terminate the franchise
they must notify the company at least 20
days before the meeting. Public notice
also must be given of the meeting. (page 37&38)
ARTICLE V.
The company can apply for renewal of the franchise
no sooner than 2 years before the end of the current
franchise. Application for renewal will be heard as
a public hearing. (page 43).
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~~ h~ Sec. 18- An insurance policy and evidence of premium
'+0 ~ .- payments are to be filed with the City Clerk.
cioJU0o~. V-L-t ~ (page 11)
5- J-- ~D ARTICLE II.
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ATICLE I.
~ec. 5 - Makes proposal and memorandum of agreement
part of ordinance. (page 5)
Sec. 14- Company to bear costs of publication of
of notice prior to any public meeting(page 7).
~c. 16- An irrovocable letter of credit for $20,000.00
is due within ten days of the granting of the
franchise. This letter is subject to the
City Attorney's approval. Also this letter
of credit will remain at $20,000.00 throughout
the entire franchise period. (page 7).
~c. 17-
A corporate surety bond in the a~ount of
$1,000,000.00 is due within 30 days of the
granitng of the franchise. In lieu of this
bond an irrovocable letter of credit in
the same amount approved by the City Attorney
is acceptable. (page 8).
Sec. 5 -
Commencing 4/7/80 the company shall furnish
to the City monthly construction reports.
These reports are to continue until construction
is complete. (page 20).
Sec. 6 -
All permits
days except
permits are
(page 22)
are to be applied for within 90
for head end and office facility
to be applied for within 6 mont~5.
Sec. 9 - Company is to provide the City with name,
address and phone number of person who will
receive complaints re quality of service,
equipment malfunction, etc.
Company is to keep maintenance service log
with nature of complaint, date and time
received, disposition of complaint and
date and time of disposition. This log
shall be available for periodic inspection
by City. (page 26)
Sec. 11- Franchise fee and other costs are to be paid
quarterly to the City Clerk. The company will
also file verified statements of all gross
receipts within the City during the quarter.
Payment is due not later than 45 days after
expiration of the quarter. Interest will be
charged daily if payment is late.(page 27)