Ordinance No. 40-80-10 v ORDINANCE 40-80-10
AN ORDINANCE AMENDING ORDINANCE NO. 40-79-9, BEING AN
ORDINANCE KNOWN AS THE "JACKSONVILLE BEACHES CABLE TELE-
VISION ORDINANCE" BY AMENDING SECTION 2 AND ADDING THERETO
SUBPARAGRAPH "S" TO DEFINE "FRANCHISE AWARD ORDINANCE";
DELETING SECTION 4(F) (3) IN ITS ENTIRETY: DELETING SECTION 5
IN ITS ENTIRETY AND CREATING A NEW SECTION 5 TO PROVIDE FOR
ADDITIONAL SYSTEM DESIGN; DELETING SECTION 6 IN ITS ENTIRETY
AND CREATING A NEW SECTION 6 TO PROVIDE FOR ADDITIONAL
TECHNICAL STANDARDS; DELETING SECTION 7(F) IN ITS ENTIRETY
AND CREATING A NEW SECTION 7(F) TO PROVIDE FOR AN ADDITIONAL
PERFORMANCE BOND.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. That Section 2 (DEFINITIONS) is amended by adding thereto:
"S. Franchise Award Ordinance. The ordinance granting a cable tele-
vision franchise to a specific applicant, and incorporating additional terms
and conditions based upon the franchise application."
Section 2. That Section 4(A) (3) (EXTENSION OF SERVICE) is deleted
in its entirety.
Section 3. That Section 5 (SYSTEM DESIGN) is deleted and replaced
by the following:
"Section 5. The cable television system design and performance shall
be in accordance with the provisions of the franchise award ordinance."
Section 4. That Section 6 (TECHNICAL STANDARDS) is deleted in its
entirety and replaced by the following:
"Section 6. The technical standards of the cable television system
shall as a minimum comply with the technical standards of the FCC and in
addition with the provisions of the franchise ordinance."
Section 5. That Section 7(F) (PERFORMANCE BOND) is deleted in its
entirety and replaced by the following:
"Section 7(F) . The grantee shall maintain and by acceptance of any
franchise hereunder agrees that it will maintain through the term of the franchise
or any renewal or extension thereof a faithful performance bond running to the
Board with one (1) good and sufficient surety approved by the Board in the penal
sum of Two Million Dollars ($2,000,000) during system construction and reduced
to the sum of One Hundred Thousand Dollars ($100,000) after completion of system
construction conditioned upon the faithful performance of the grantee and upon
the further condition that in the event the grantee shall fail to comply with
any law, ordinance, or regulation governing the franchise, there shall be
recoverable, jointly and severally, from the principal and surety of the bond,
any damage or loss suffered by the City or the Board as a result including the
i
full amount of any compensation, indemnification, or cost of removal or aban-
donment of any property of the grantee plus a reasonable allowance for attorney's
fees and costs up to the full amount of the bond. The bond shall contain the
0 An Amendment to Section 10 0, Line 29, Page 23:
At the end of the last sentence, the following addendem: "It is provided,
however, that this section shall not prohibit grantee from servicing
or repairing converters and other technical equipment which it owns and
which are leased or otherwise furnished to subscribers for use with
grantee's services. "
An Amendment to Section 10 E, Line 31, Page 23:
By deleting "Jacksonville Beach Electric Department" and inserting in
lieu thereof "Jacksonville Electric Authority".
An Amendment to Section 14 C, Line 8, Page 26:
"One Thousand Dollars ($1,000) " he deleted and inserted in its place
"Fifteen Hundred Dollars ($1,500) "
0
following endorsement:
It is hereby understood and agreed that this bond may not
be cancelled nor the intention not to renew be stated
until thirty (30) days after receipt by the Chairman of
the Jacksonville Beaches CATV Board by registered mail of
two (2) copies of a written notice of such intent to
cancel or not renew.
Two (2) copies of all bonds shall be filed and maintained with the
Board during the term of any franchise granted hereunder or any renewal
thereof."
Section 6. All ordinances and parts of ordinances in conflict here-
with are hereby repealed.
Section 7. This ordinance shall take effect immediately upon its
passage.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading April 28, 1980
Passed by the City Commission on Second Reading April 28, 1980
411/ Passed by the City Commission on Third & Final Reading May 26, 1980 .
ATTEST:
(SEAL) /IL_d Q,A
Adelaide R. Tucker
City Clerk