(a)

There is hereby imposed and levied by the city a tax on every purchase of electricity, metered or bottled gas (natural, liquefied, petroleum gas or manufactured) and telegraph service within the corporate limits of the city in the amount of ten (10) percent of the monthly charge for each service as collected by the seller of such utility service from the purchaser; telecommunications service shall be taxed as described above at the rate of seven (7) percent and as described in section 17-3 of this chapter.

(b)

There is hereby imposed and levied by the city a tax on every purchase of fuel oil within the corporate limits of the city in the amount of four cents ($0.04) per gallon as sold by the seller of such product to the purchaser.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87; Ord. No. 89-0-15, § 1, 9-11-89; Ord. No. 89-0-22, § 1, 11-27-89; Ord. No. 90-0-14, § 1, 8-27-90)

(a)

The following purchases shall be exempt from the tax herein imposed:

(1)

The purchase of any of the services set forth in section 17-1 herein by any recognized church in the state for use exclusively for church purposes is hereby exempt from taxation as levied herein.

(2)

The purchase of natural gas or fuel by a public or private utility either for resale or for use as fuel in the generation of electricity or the purchase of fuel oil or kerosene for use in an aircraft engine, fuel or propellant or for use in internal combustion engines, shall be exempt from taxation as levied herein.

(3)

Purchases of local telephone service or other telecommunications service for use in the conduct of a telecommunications service for hire or otherwise for resale are exempt from the taxation as levied herein.

(4)

The purchase of any of the services set forth in section 17-1 herein by which are expressly exempted by the terms of F.S. 166.231(5).

(b)

For purposes of compensating the seller of telecommunications services only as set forth in section 17-3, such seller shall be allowed one (1) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction shall be allowed as compensation for the keeping of records and collection of tax and remitting the same to the city. All other sellers of utility services shall not be allowed collection credit.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87; Ord. No. 87-0-25, § 1, 11-24-87; Ord. No. 94-0-20, §§ 1, 2, 9-26-94)

The city shall levy a seven (7) percent tax on purchases of telecommunications services as defined in Section 166.231(9), Florida Statutes, as subsequently amended, as follows:

Upon purchases within the municipality of telecommunications services which originate and terminate in this state at a rate of seven (7) percent of the total amount charged for any telecommunications services provided within the municipality, or if the location of the telecommunications number of device, or a customer's billing address located within the municipality, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service, except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges and any customer access line charges paid to a local telephone company. Provided, however, telecommunications services as defined in Section 203.012(5)(b), Florida Statutes, shall be taxed only on the monthly recurring customer service charges, excluding variable usage charges.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87; Ord. No. 89-0-15, § 2, 9-11-89; Ord. No. 89-0-22, § 2, 11-27-89; Ord. No. 90-0-14, § 2, 8-27-90)

(a)

It shall be the duty of every seller of electricity, metered or bottled gas (natural, liquefied, petroleum gas or manufactured), telegraph service, telecommunications service and fuel oil within the corporate limits of the city to collect from the purchaser thereof for the use of the city the tax hereby levied at the time of collecting the selling price and to report and pay over on or before the last day of each calendar month to the city all such taxes, levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect for any utility service taxed by this article without, at the same time, collecting the tax hereby levied, unless such seller shall elect to assume and pay such tax without collecting the same from the purchaser. Any seller failing to collect such tax at the time of collecting such utility service taxed herein, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax; provided, however, that the seller shall not be liable for the payment of such tax upon any uncollected bill.

(b)

If any purchaser shall fail, neglect or refuse to pay for such utility service, subject to the tax herein, including the tax hereby imposed, the seller shall have the right and is hereby authorized and empowered to immediately discontinue further service to such purchaser until the tax and the seller's bill shall have been paid in full.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87)

(a)

Each seller shall keep complete records showing all sales in the city at such commodities or services, which records shall show the price charged upon each sale, the date thereof and the date of payment thereof; and said records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days; and said duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof as required for the proper supervision and enforcement of the terms of this article.

(b)

In addition to make such records available for inspection, every seller is hereby required to execute and file, not later than the last day of each month, in city hall a statement setting forth the amount of such tax to which the city became entitled under the provisions of this article on account of bills paid by purchasers during the preceding month and, contemporaneously with the filing of said statement, shall pay the amount of such tax to the city.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87)

Any purchaser willfully failing or refusing to pay the tax hereby imposed where the seller has not elected to assume or pay such tax and any seller violating any of the provisions or terms of this article, or any officer, agent or employee of any seller who shall violate any of the terms or provisions of this article shall, upon conviction thereof, be subject to the penalties provided in section 1-8 of the Code of Ordinances of the city.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87)

The city shall notify in writing any known seller of items taxable hereunder of any change in the boundaries of the city or in the rate of taxation.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87)

The tax hereby imposed and levied shall be applicable commencing with all utility service covered by this article for every purchase made after September 30, 1992.

(Ord. No. 87-0-22, Art. I, § 1, 9-22-87; Ord. No. 89-0-15, § 3, 9-11-89; Ord. No. 90-0-14, § 3, 8-27-90; Ord. No. 92-0-9, § 1, 8-10-92)

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Access channel shall mean a single channel dedicated in whole or in part for local programming which is not originated by a company.

Basic service or basic cable service shall mean any service tier which includes the retransmission of local television broadcast signals. Cable services are defined as the one-way transmission to subscribers of video programming and other programming services together with subscriber interaction, if any, which is required for the selection of such programming and programming services that the cable operator makes available to all subscribers generally.

Cablecasting is programming carried on a cable system, exclusive of broadcast signals, whether originated by the cable operator or any other party.

Cable system shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community; but such term does not include:

(a)

A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations:

(b)

A facility that serves only subscribers in one (1) or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way;

(c)

A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

(d)

Any facilities of any electric utility used solely for operating its electric utility systems.

City is the City of Crystal River, Florida.

Council members are the city council of the City of Crystal River, Florida.

Dedicate shall mean to make available channel space or equipment for exclusive use of the designated user.

Grantee or company is the party or parties to which a license under this article is granted by the council members and its or their lawful successors and assigns.

Gross revenues shall mean all cash, credits, property of any kind or nature, or other consideration received directly or indirectly by a grantee, its affiliates, subsidiaries, parent and any person in which grantee has a financial interest, or from any source whatsoever, or in any way derived from the operation of its system, including, but not limited to, basic studio rental, and advertising revenues. These gross revenues shall not be reduced for any purposes other than provided herein, and shall be the basis for computing the fee imposed pursuant to section 17-130. These gross revenues shall not include converter deposits, or refunds to subscribers by the grantee, or items excluded by the Federal Cable Communications Policy Act of 1984.

Person is any person, firm, partnership, association, corporation, company or organization of any kind.

Proposal or application refers to a formal request by a qualified cable company for license to provide cable services to residents, businesses, industries and institutions in the City of Crystal River.

Subscriber is a recipient of basic cable service.

Two-way communications means the transmission of telecommunications signals from subscriber locations or other points throughout the system back to the system's control center, as well as transmission of signals from the control center to subscriber locations.

User means a party utilizing a cable system channel for purposes of production or transmission of material to subscribers, as contrasted with receipt in a subscriber capacity.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Content. Each application for a license to construct, operate or maintain any cable system in the city shall be filed with the city council and shall contain the following information:

(1)

The name, address and telephone number of the applicant.

(2)

A detailed statement of the corporate or business entity organization of the applicant, including, but not limited to, the following and to whatever extent required by the city:

a.

The names, residence and business address of all officers, directors and associates of the applicant;

b.

The names, residence and business addresses of all officers, persons and entities having any share of the ownership of the applicant and the respective ownership share of each such person or entity;

c.

The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant and a statement describing the nature of any such parent or subsidiary business entity, including, but not limited to, cable systems owned or controlled by the applicant, its parent and subsidiary and the areas served thereby;

d.

A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields; and

e.

A detailed and complete financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the council members, setting forth the basis for a study performed by such lending institution or funding source and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city or a statement from an independent certified public accountant, certifying that the applicant has available sufficient, free, net and uncommitted cash resources to construct and operate the proposed system in the city.

(3)

A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

a.

A detailed map indicating all areas proposed to be served and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served;

b.

A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges;

c.

A detailed, informative and referenced statement describing the actual equipment and operational standards proposed by the applicant, and that such standards of operations are in compliance with or exceed those contained in Title 47, Subpart K (Section 76.601 et seq.), of the Rules and Regulations of the Federal Communications Commission in effect as of October 30, 1983; and

d.

A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral or implied, existing or proposed to exist between the applicant and any person, firm or corporation which materially relate or pertain to or depend upon the application and the granting of the license.

(4)

Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the council members or by any other provision of law.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

Amount. Notwithstanding any other requirement of this article, each applicant for a new or renewal license must furnish with its proposal a nonrefundable filing fee in the amount of one thousand dollars ($1,000.00) by certified or cashier's check made payable to the City of Crystal River. No proposal for a license shall be considered without receipt of said check.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Referral to city manager. Upon receipt of any application for license, the council members shall refer the same to the city manager who shall prepare or cause to be prepared a report, including recommendations respecting such application; and cause the same to be completed and filed with the council members.

(b)

Public comment. If the council members shall determine to further consider the application, it shall pass a resolution setting a public hearing for the consideration of an application, fixing and setting forth a day, hour and place certain when and where any persons having any interest therein or objections may file written comments and appear before the council members and be heard and directing the clerk to publish said resolution at least once within ten (10) days of the passage thereof in a newspaper of general circulation within the city.

(c)

Consideration. In making any determination hereunder as to any application for a new license, the council members shall give due consideration to the quality of the service proposed, rates to subscriber, income to the city, experience, character, background and financial responsibility of any applicant and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, to meet all requirements set forth in this article and to abide by all purpose and policy conditions, license limitations and requirements and any other considerations deemed pertinent by the council members for safeguarding the interests of the city and the public.

(d)

Determination. At the time set for the hearing, or at any adjournment thereof, the council members shall make one (1) of the following determinations:

(1)

That such application be denied, which determination shall be final and conclusive; or

(2)

That such license be granted and the terms and conditions thereof.

(e)

Rejection. The council members may reject any and all applications from whatever source and whenever received and may, if it so desires, request new or additional proposals.

(f)

Additional information. The council members may at any time demand, and applicants shall provide, such supplementary, additional or other information as the council members may deem reasonably necessary to determine whether the requested license should be granted.

(g)

Infraction. Any person submitting a proposal for a cable system shall provide all information required by this article and all other information required by the city. Each proposal shall completely, accurately and materially supply all of the information so solicited. Any misrepresentation, failure, neglect or refusal to provide any of such information may, at the option of the city, render a proposal invalid. The requested information must be complete and verified as true by the application.

(h)

Property of city. All proposals received by the city from an applicant shall become the sole property of the city.

(i)

Rejection and waiver. The city reserves the right to reject any and all proposals and to waive all formalities where the best interest of the city may be served.

(j)

Applicant responsibility. Before submitting a proposal, the applicant shall be solely responsible for and must:

(1)

Examine this article and any request for proposal documents thoroughly;

(2)

Be familiar with local conditions that may in any manner affect performance under the license, including, but in no event limited to, community and institutional telecommunications needs, relevant demographics, topographics, pole attachment policies of appropriate utility authorities, undergrounding and subscriber desires;

(3)

Be familiar with federal, state and local laws, ordinances, rules and regulations affecting performance under the license; and

(4)

Carefully correlate all observations with the requirements of this article and any request for proposals documents.

(k)

Investigations. The city may make such investigations as it deems necessary to determine the ability of the applicant to perform under the license, and the applicant shall furnish to the city all such information and data for this purpose as the city may request. The city reserves the right to reject any proposal if the evidence submitted by, or investigation of such applicant fails to satisfy the city that such applicant is properly qualified to carry out the obligations of the license agreement, comply with the provisions of this article, or to satisfactorily construct and operate the system. Conditional proposals shall not be accepted.

(l)

Awards based on merit. It is the intention of the city to award any cable license on the basis of merit of proposals. To this end any communications with the council members by those wishing to submit proposals for a cable license should be limited to public sessions. Requests for information should be directed to the office of the city manager. Proposals will not be evaluated on the basis of ownership by individuals, institutions and community agencies in corporations submitting cable license proposals.

(m)

Decisions final. Any decision of the council members concerning selection of a licensee, pursuant to this article, shall be final.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Successful applicants chosen by the council members will be granted the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto, in the city poles, wires, cables, underground conduits, manholes and other cable conductors and fixtures necessary for the maintenance and operation in the city of a cable system to be used for the sale and distribution of cable services to the residents of the city.

(b)

Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the council members also grant the right and privilege to successful applicants to provide noncable communications services. The council members retain all authority, not otherwise preempted, to regulate noncable communications services to the extent necessary to assure the delivery of proposed noncable services, if any, and that they are in compliance with all regulatory provisions of this article.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

The duration of the rights, privileges and authorizations granted in a license agreement shall be fifteen (15) years from the date a license is awarded. A license may be renewed by the city upon application of the grantee, pursuant to the procedure established in subsection (b) of this section and in accordance with the then applicable law.

(b)

Renewal.

(1)

During the six-month period which begins with the thirty-sixth month before the license expiration, the city may, on its own initiative, and shall at the request of the grantee, commence proceedings which afford the public appropriate notice and participation for the purpose of:

a.

Identifying the future cable-related community needs and interests; and

b.

Reviewing the performance of the grantee under the license during the then current license term.

(2)

a.
Upon completion of a proceeding under subsection (1), the grantee seeking renewal of a license may, on its own initiative or at the request of the city, submit a proposal for renewal.

b.

Any such proposal shall contain such material as the city may require, including proposals for an upgrade of the cable system.

c.

The city may establish a date by which such proposal shall be submitted.

(3)

a.
Upon submittal by the grantee of a proposal to the city for the renewal of the license, the city shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings under subsection (1), renew the license or issue a preliminary assessment that the license should not be renewed and, at the request of the grantee or on its own initiative, commence an administrative proceeding after providing prompt public notice of such proceeding in accordance with subsection (3)b. to consider whether:

1.

The grantee has substantially complied with the material terms of the existing license and with applicable law;

2.

The quality of the grantee's service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix, quality or level of cable services or other services provided over the system, has been reasonable in light of community needs;

3.

The grantee has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in the grantee's proposal; and

4.

The grantee's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests.

b.

In any proceeding under subsection (3)a., the grantee shall be afforded adequate notice, and the grantee and the city, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (1)), to require production of evidence and to question witnesses. A transcript shall be made of any such proceeding.

c.

At the completion of a proceeding under this subsection, the city shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding and transmit a copy of such decision to the grantee. Such decision shall state the reasons therefor.

(4)

Any denial of a proposal for renewal shall be based on one (1) or more adverse findings made with respect to the factors described in subparagraphs 1. through 4. of subsection (3)a., pursuant to the record of the proceeding under subsection (3).

(5)

If the grantee's proposal for renewal has been denied by a final decision of the city made pursuant to this section, or has been adversely affected by a failure of the city to act in accordance with the procedural requirements of this section, the grantee may appeal such final decision or failure, pursuant to the provisions of Section 635 of the Federal Cable Communications Policy Act of 1984.

(6)

Notwithstanding the provisions of subsections (1) through (5) of this section, the grantee may submit a proposal for the renewal of the license pursuant to this subsection at any time, and the city may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings, pursuant to this section, have commenced). The provisions of subsections (1) through (5) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal, pursuant to this subsection, shall not affect action on a renewal proposal that is submitted in accordance with subsections (1) through (5).

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

A license is for all the incorporated area of the city, unless otherwise provided in the license agreement.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

The grantee shall provide cable services throughout the entire license territory pursuant to the provisions of this article and license agreement, and the grantee shall keep a current file of all requests for service received by the grantee for at least the three (3) most recent years. This record shall be maintained during the entire life of the license and be available for public inspection at the local office of the grantee during regular office hours.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Construction map and schedule.

(1)

Map and plan. The grantee shall submit a construction plan which shall be incorporated by reference and made a part of the license agreement. The plan shall consist of a map of the entire license territory and shall clearly delineate the following:

a.

The areas within the license territory where the cable system will be initially available to subscribers, including a schedule of construction for each year of construction.

b.

Areas within the license territory where extension of the cable system cannot reasonably be done due to lack of present or planned development or other similar reasons, with the areas and the reasons for not servicing them clearly identified on the map.

(2)

Early construction and extension. Nothing in this section shall prevent the grantee from constructing the system earlier than planned. However, any delay in the system construction beyond the times specified in the plan report timetable shall require application to, and consent by, the council members.

(3)

Delay in construction timetable. Any delay beyond the terms of construction timetable, unless approved by the council members, will be considered a violation of this article for which the provisions of either sections 17-250 or 17-260 shall apply, as determined by the council members.

(4)

Commencement of construction. Construction in accordance with the plan submitted by the grantee shall commence as soon after the grant and acceptance of a license as is reasonably possible. Failure to proceed expeditiously shall be grounds for revocation of a license. Failure to proceed expeditiously shall be presumed in the event construction is not commenced within twelve (12) months of the grant and acceptance of a license.

(5)

Underground and overhead construction. In all sections of the city where all the cables, wires or other like facilities of public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground to the maximum extent that the existing technology reasonably permits the grantee to do so. If at any time the city determines that existing wires, cable or other like facilities of public utilities anywhere in the city shall be changed from an overhead to an underground installation, the grantee shall also, at the grantee's sole expense, convert its system to an underground installation. In areas of the city where electrical or telephone systems are installed on poles above ground, the grantee shall have the option of installing the system in like manner above or underground.

(6)

Additional mandatory extension. Extension of the system into any areas not specifically treated in the plan shall nonetheless be required if the terms of any of the following conditions are met:

a.

Mandatory extension rule. The grantee shall extend the system upon request to any contiguous area not designated for initial service in the plan when potential subscribers can be served by extension of the system past dwelling units equivalent to a density of fifty (50) homes per mile of street. Extension shall be at the grantee's cost. If undergrounding is required by regulation, the grantee must make installation at the grantee's expense. Where aerial extension is allowed by regulation but underground installation is requested by benefited subscribers, the cost of undergrounding that exceeds estimated aerial extension cost may be charged to benefited subscribers.

b.

Early extension. In areas not meeting the requirements for mandatory extension of service, the grantee shall provide, upon the request of five (5) or more potential subscribers desiring service, an estimate of the costs required to extend service to said subscribers. The grantee shall then extend service upon request of said potential subscribers according to the rate schedule. The grantee may require advance payment or assurance of payment satisfactory to the grantee. The amount paid by subscribers for early extension shall be nonrefundable; and in the event the area subsequently reaches the density required for mandatory extension, such payments shall be treated as consideration for early extension.

c.

New development undergrounding. In cases of new construction or property development where utilities are to be placed underground, the developer/property owner shall give the grantee reasonable notice of such construction or development and of the particular date on which open trenching will be available for the grantee's installation of conduit, and/or cable. The grantee shall also provide specifications as needed for trenching. Costs of trenching and easements required to bring service to the development shall be borne by the developer/property owner; except that if the grantee fails to install its conduit and/or cable within five (5) working days of the date the trenches are available, as designated in the notice given by the developer or property owner, then should the trenches be closed after the five-day period, the cost of new trenching is to be borne by the grantee. Except for the notice of the particular date on which trenching will be available to the grantee, any notice provided to the grantee by the city of a preliminary plat request shall satisfy the requirement of reasonable notice if sent to the local general manager or system engineer of the grantee prior to approval of the preliminary plat request.

d.

Special agreements. Nothing herein shall be construed to prevent the grantee from serving areas in the license territory not covered under this section upon agreement with developers, property owners or residents.

(7)

Aerial drops exceeding 150 feet. With respect to requests for connection requiring an aerial drop line in excess of one hundred fifty (150) feet, the grantee must extend and make available cable television service to such residents at a connection charge not to exceed the actual installation costs incurred by the grantee for this distance exceeding one hundred fifty (150) feet.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Compliance with construction and technical standards. The grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards, governmental requirements, former FCC technical standards in effect as of October 30, 1985, and standards submitted by the grantee as part of its application, which standards are incorporated by reference in the license agreement. In addition, the grantee shall provide the city, upon request, with a written report of the results of any proof of a compliance test conducted by the grantee.

(b)

Additional specifications. For any new license or license renewal granted under this article, the grantee shall maintain equipment capable of providing standby power for headend, transportation and trunk amplifiers for a minimum of two (2) hours; provided, however, any grantee having installed a standby power system prior to the effective date of this article shall be able to utilize said system until such time as it must be replaced, either due to damage or obsolescence. The grantee shall at all times comply with:

(1)

The National Electrical Safety Code (National Bureau of Standards);

(2)

The National Electrical Code (National Bureau of Fire Underwriters); and

(3)

Applicable FCC or other federal, state and local ordinances and regulations.

In any event, the system shall not endanger or interfere with the safety of persons or property in the license territory or other areas where the grantee may have equipment located.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet or mortgaged in any manner; nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person without the prior written consent of the city. The proposed assignee must show technical ability, financial capability, legal qualifications and general character qualifications, as determined by the city, and must agree to comply with all provisions of the license. The city shall be deemed to have consented to a proposed transfer or assignment, in the event its refusal to consent is not communicated in writing to the grantee within eighty (80) days following receipt of written notice of the proposed transfer or assignment. Subject to subsections (b) through (g), nothing contained in the preceding sentences should be deemed to prevent a grantee from entering into such arrangements as may be necessary to finance the construction, reconstruction and/or on-going operations of a grantee within the boundaries of the City of Crystal River.

(b)

The grantee shall promptly notify the city of any actual or proposed change in, or transfer of or acquisition by any other party of, control of the grantee. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the grantee shall make the license subject to cancellation, unless and until the city shall have consented thereto, which consent will not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer or acquisition of control, the city may inquire into the qualifications of the prospective controlling party and the grantee shall assist the city in any such inquiry.

(c)

A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten (10) percent of the voting interest of the grantee.

(d)

The consent or approval of the council members to any transfer of the license shall not constitute a waiver or release of the rights of the city in and to the streets, and any transfer shall by its terms be expressly subordinate to the terms and conditions of a license.

(e)

In any absence of extraordinary circumstances, the city will not approve any transfer or assignment of a franchise prior to substantial completion of construction of the proposed system.

(f)

The council members reserve the right of "first refusal" to purchase a cable system at the market value price, if and when it is placed on the market for sale.

(g)

In no event shall a transfer of ownership or control be approved without successor in interest becoming a signatory to the license agreement.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Initial rates. The grantee shall establish initial rates for its services in accordance with the rates contained in grantee's application for a license.

(b)

Authority to regulate rates. To the extent permitted by federal and state law, the city may regulate the rates for basic cable service.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

For the reason that the streets to be used by the grantee in the operation of its system within the boundaries of the city are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and that the grant to the grantee to the said streets is a valuable property right without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions and because the city will incur costs in regulating and administering the license, the grantee shall pay to the city an amount equal to five (5) percent of the grantee's gross annual revenue from all sources attributable to the operations of the grantee within the confines of the City of Crystal River.

(b)

The license fee and any other cost or penalties assessed shall be payable semiannually. The grantee shall file a complete and accurate verified statement of all collected gross revenue within the city during the period for which said semiannual payment is made, and said payment shall be made to the city not later than sixty (60) days after the expiration of the period for which payment is due.

(c)

The city shall have the right to inspect the grantee's income records and the right to audit and recompute any amounts determined to be payable under this article; provided, however, that such audit shall take place within thirty-six (36) months following the close of each of the grantee's fiscal years. Any additional amount due to the city as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the city, which notice shall include a copy of the audit report.

(d)

In the event that any license payment or recomputed amount, cost or penalty is not made on or before the applicable dates heretofore specified, interest shall be charged daily from such date at the annual rate equivalent to the then existing prime rate of local banking institutions in the City of Crystal River.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

A license application shall include a description of the grantee's system design and a description of any facilities being proposed for local origination programming and any facilities being offered to various community institutions. In the event a program originator ceases to provide a service, or in the event the grantee determines that other programming or cable services may be of greater benefit to subscribers, the grantee may, subject to subsections (b) and (c), substitute services.

(b)

Pursuant to federal law, the council members, on behalf of system subscribers, shall have the right to review any substitution of service that the grantee has made and may order a change therein if it determines, after due hearing on notice, that certain broad categories of video or other services that were committed by grantee in its proposal are not being delivered. Prior to any order being issued, written notification and opportunity to respond shall be given to grantee. Any such order shall be issued only after a public hearing has been scheduled and held; and written notice of such hearing shall have been provided to the grantee and to the public at least thirty (30) days prior to such hearing. The grantee shall provide to each subscriber, at the grantee's expense, written notice by mail of the substitution of service, thirty (30) days in advance of said changes. Any such order may be enforced by an appropriate action in the courts of Florida or of the United States. A grantee shall not, in relation to this section, be deemed to have waived any right accorded to a licensed cable television operator arising under the First Amendment to the Constitution of the United States.

(c)

Notwithstanding subsections 17-140(a) and (b), a grantee may, in accordance with the Cable Communications Policy Act of 1984, upon thirty (30) days' advance notice to the city, rearrange, replace or remove a particular cable service required by the license if:

(1)

Such service is no longer available to the grantee; or

(2)

Such service is available to the grantee only upon the payment of a royalty required under Section 801(b)(2) of Title 17, United States Code, which the grantee can document:

a.

Is substantially in excess of the amount of such payment required on the date of the grantee's offer to provide such service; and

b.

Has not been specifically compensated for through a rate increase or other adjustment.

Notwithstanding subsections (2)a. and (2)b., a grantee may take such actions to rearrange a particular service from one (1) service tier to another, or otherwise offer the service if the rates for all of the service tiers involved in such actions are not subject to regulation.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets.

(b)

In case of disturbance of any street easement or paved area or other property, the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore such street easement or paved area or other property in as good a condition as before the work involving such disturbance was done.

(c)

If at any time during the period of a license the city shall lawfully elect to alter or change the grade of any street, the grantee, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

Any poles or other fixtures placed in or adjacent to any street by the grantee shall be placed in such manner as to comply with all requirements of the city.

The grantee shall, at the request of any person holding a moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours' notice to arrange for such temporary wire changes.

The grantee shall notify the city regarding the need to trim trees upon and overhanging streets of the city, so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee; at the option of the city, such trimming may be done by the city at the expense of the grantee or by the grantee under the city's supervision and direction at the expense of the grantee. When authorized, trimming shall be limited to the area required for clear cable passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree.

At the expiration of the term for which a license is granted or upon its termination and cancellation, as provided for herein, the city shall have the right to require the grantee to remove, at his own expense, all portions of the cable television system from all streets within the city.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

It shall be expressly understood and agreed by and between the city and any grantee that the grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney's fees sustained by the city on account of any lawsuit, judgment, execution of judgment, claim or demand by other individual, corporation or entity whatsoever arising out of, but not limited to, copyright infringements and all other damages arising out of the implementation or terms of this article, by grantee or its agents, the award of any license to grantee or the installation, operation or maintenance of a cable system by grantee, whether or not any act or omission complained of is authorized, allowed or prohibited by this article and/or any license agreement granted.

(b)

The grantee shall maintain, and by its acceptance of a license, specifically agree that it will maintain throughout the term of a license the following types of liability insurance, insuring the city and the grantee, with at least the minimum amounts set forth in the license agreement:

(1)

Workmen's Compensation;

(2)

Grantee's liability;

(3)

Comprehensive general liability, including bodily injury, property damage, and aggregate.

(4)

Comprehensive automobile liability, including nonownership and hired car coverage, as well as owned vehicles.

Each insurance policy shall name the city as an additional insured and shall insure performance of the indemnity provisions set forth in section 17-160(a) of this article.

(c)

The insurance policy obtained by the grantee in compliance with this section, along with written evidence of payment of required premiums, shall be filed and maintained with the office of the clerk of the city council during the term of a license and may be changed from time to time to reflect changing liability limits. A grantee shall immediately advise the city attorney of any litigation that may develop that would affect the insurance.

(d)

Neither the provisions of this section nor any damages recovered by the city thereunder shall be construed to, or limit the liability of, a grantee under any license issued hereunder for damages.

(e)

All insurance policies maintained pursuant to a license shall contain the following endorsement:

It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the city of Crystal River, by registered mail, or written notice of such intention to cancel or not to renew.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Within thirty (30) days after the award of any new or renewed license pursuant to this article, a grantee shall deposit with the city a bond or letter of credit in the amount of ten thousand dollars ($10,000.00). The bond or letter of credit shall be used to insure the faithful performance by a grantee of all provisions of this article and resulting license agreement; and compliance with all orders, permits and directions of any agency, department, division or office of the city having jurisdiction over its acts or defaults under a license and the payment by the grantee of any penalties, liquidated damages, claims, liens and taxes due the city which arise by reason of the construction, operation or maintenance of a system.

(b)

The bond or letter of credit shall be maintained at ten thousand dollars ($10,000.00) during the entire term of a license, even if amounts have been withdrawn, pursuant to subsection (a) or (c) of this section. In the event funds are withdrawn from said bond or letter of credit, the grantee will have ten (10) days in which to replace said funds.

(c)

If a grantee fails to pay to the city any compensation within the time fixed herein; or fails, after ten (10) days' notice, to pay to the city any taxes due and unpaid; or fails to repay the city, within ten (10) days, any damages, costs or expenses which the city is compelled to pay by reason of any act or default of the grantee in connection with a license; or fails, after ten (10) days' notice by the city of such failure to comply with any provision of a license which the city reasonably determines can be remedied by demand on the bond or letter of credit, the city may immediately require payment of the amount thereof with interest and any penalties from the bond or letter of credit.

(d)

The rights reserved to the city with respect to the bond or letter of credit are in addition to all other rights of the city, whether reserved by a license or authorized by law; and no action, proceeding or exercise of a right with respect to such bond shall affect any other right the city may have.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Within thirty (30) days after the award of any new or renewed license pursuant to this article and by which substantial system construction or reconstruction is required, a grantee shall obtain and maintain at its cost and expense, and file with the clerk, a corporate surety bond in a company authorized to do business in the State of Florida, in the amount of fifty thousand dollars ($50,000.00) to guarantee the timely construction and full activation of the CATV system, the safeguarding of damage to private property and restoration of damages incurred with utilities.

The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the city, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the city resulting from the failure of a grantee to satisfactorily complete and fully activate the CATV system throughout the license territory, pursuant to the terms and conditions of this article and the license agreement.

(b)

Any extension to the prescribed construction time limit must be authorized by the council members. Such extension shall be authorized only when the council members find that such extension is necessary and appropriate due to cause beyond the control of a grantee.

(c)

The construction bond shall be terminated only after the council members find that a grantee has satisfactorily completed initial construction or reconstruction and activation of the CATV system, pursuant to the terms and conditions of this article and the license agreement.

(d)

The rights reserved to the city with respect to the construction bond are in addition to all other rights of the city, whether reserved by this article or authorized by law; and no action, proceeding or exercise of a right with respect to such construction bond shall affect any other rights the city may have.

(e)

The construction bond shall contain the following endorsement:

It is hereby understood and agreed that this bond may not be cancelled by the surety nor the intention not to renew be stated by the surety until sixty (60) days after receipt by the City of Crystal River, by registered mail, of written notice of such intent to cancel or not to renew.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

A grantee shall put, keep and maintain all parts of the system in good condition throughout the entire license period.

(b)

Upon termination of service to any subscriber, a grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon a subscriber's request.

(c)

A grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use.

(d)

A grantee shall not allow its cable or other operations to interfere with television reception of persons not served by grantee, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents of the city.

(e)

A grantee shall continue, through the term of the franchise, to maintain the technical, operational and maintenance standards and quality of service set forth in this article and license agreement. Should the city find, by resolution, that a grantee has failed to maintain these standards and quality of service and should it, by resolution, specifically enumerate improvements to be made, a grantee shall make such improvements. Failure to make such improvements within three (3) months of such resolution will constitute a breach of condition for which the remedy of section 17-260 is applicable.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to a grantee are honored. In the event that a grantee elects to overbuild, rebuild, modify or sell the system, or the city gives notice of intent to terminate or fails to renew a license, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service, regardless of the circumstances.

In the event of a change of a grantee or in the event a new operator acquires the system, a grantee shall cooperate with the city, new grantee or operator in maintaining continuity of service to all subscribers. During such period, a grantee shall be entitled to the revenues for any period during which it operates the system and shall be entitled to reasonable costs for its services when it no longer operates the system.

(b)

In the event a grantee fails to operate the system for ninety-six (96) consecutive hours without prior approval of the city or without just cause, the city may, at its option, operate the system or designate an operator until such time as the grantee restores service under conditions acceptable to the city or a permanent operator is selected. If the city is required to fulfill this obligation for a grantee, the grantee shall reimburse the city for all reasonable costs or damages in excess of revenue from the system received by the city that are the result of the grantee's failure to perform.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

The city manager or the city manager's designee is specified by the city as having primary responsibility for the continuing administration of a license and implementation of complaint procedures.

(b)

A grantee shall maintain a central office within the county which shall be open during all usual business hours, have a publicly listed telephone with a toll-free number and sufficient lines and be so operated that complaints and requests for repairs, billing or adjustments shall be received on a twenty-four-hour basis.

(c)

A grantee shall maintain a repair and maintenance crew capable of responding to subscriber complaints or requests for repair service within twenty-four (24) hours after receipt of the complaint or request. To the extent provided by federal law; no charge shall be made to the subscriber for this service, unless such maintenance or repair is required as a result of damage caused by subscriber. A grantee may charge for service calls to the subscribers' homes that are not the result of cable failure upon approval of a rate and equitable procedure by the city, as provided by federal law.

(d)

In the event of a natural disaster such as a hurricane, tornado or other act of God beyond the grantee's control which causes severe damage to the cable system, the grantee shall be entitled to thirty (30) days in which to make necessary repairs to the system. In the event that thirty (30) days is insufficient time due to the magnitude of the natural disaster, the grantee may seek an extension of time from the board of city council members; an application for extension shall be made prior to the end of the initial thirty (30) days and shall be made in writing addressed to the city manager.

(e)

A grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints. A grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system.

(f)

A grantee shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint ant the time and date thereof. This log shall be made available for periodic inspection by representatives of the city manager. All service complaint entries shall be retained on file for a period consisting of the most recent three (3) years.

(g)

When there have been similar complaints made or when there exists other evidence which, in the judgment of the city manager, casts doubt on the reliability or quality of cable service, the city manager shall have the right and authority to compel a grantee to test, analyze and report on the performance of the system. Such report shall be delivered to the city manager no later than fourteen (14) days after the city manager formally notifies the grantee and shall include the following information: The nature of the complaints which precipitated the special tests; what system component was tested, the equipment used and procedures employed in said testing; the results of such tests and the method in which said complaints were resolved.

(h)

The city manager may require that tests and analyses shall be supervised by a professional engineer not on the permanent staff of a grantee. The aforesaid engineer should sign all records of the special tests and forward to the city manager such records with a report interpreting the results of the tests and recommending sections to be taken by a grantee and the city.

(i)

The city's right under this section shall be limited to requiring tests, analyses and reports covering specific subjects and characteristics based on said complaints or other evidence, when and under such circumstances as the city has reasonable grounds to believe that the complaints or other evidence requires that tests be performed to protect the public against substandard cable service.

(j)

A grantee shall furnish a notice to subscribers of their right to a refund for any loss or interruption of service at the time of initial subscription to the system and upon any disruption of service for forty-eight (48) hours or more.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

A grantee shall fully cooperate in making available at reasonable times, and the city manager or his designee shall have the right to inspect the books, records, maps, plans and other like materials of the grantee applicable to the CATV system at any time during normal business hours; provided where volume and convenience necessitate, the grantee may require inspection to take place on the grantee's premises.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

Copies of all petitions, applications, communications and reports submitted by a grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting cable television operations authorized pursuant to the franchise, shall be provided pursuant to federal law, or at the specific request of the city.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

The grantee shall file annually with the clerk of the city council no later than one hundred twenty (120) days after the end of the grantee's fiscal year a copy of a financial report applicable to the CATV system serving the City of Crystal River, including an income statement applicable to its operations during the preceding twelve-month period, a balance sheet and a statement of its properties devoted to CATV system operations, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation. These reports shall be certified as correct by an authorized officer of the grantee, and there shall be submitted along with them such other reasonable information as the council members shall request.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to forfeit and terminate a license and all rights and privileges of a grantee in the event of a material breach of its terms and conditions. In interpreting this article, material provisions shall include all labeled as such, and all others, which under all the facts and circumstances indicated, are a significant provision of the license agreement. A material breach by a grantee shall include, but shall not be limited to, the following:

(1)

Violation of any material provision of the license or any material rule, order, regulation or determination of the city made pursuant to the license;

(2)

Attempt to evade any material provision of the license or practices any fraud or deceit upon the city or its subscribers or customers;

(3)

Failure to begin or complete any system construction or system extension, as provided under the license;

(4)

Failure to provide the types of services promised; assuming the grantee has unsuccessfully pursued whatever recourse is available under Section 625 of the Federal Cable Communications Policy Act of 1984;

(5)

Failure to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the city; or

(6)

Material misrepresentation of fact in the application for, or negotiation of, a license.

(b)

The foregoing shall not constitute a material breach if the violation occurs, but it is without fault of a grantee or occurs as a result of circumstances beyond its control. A grantee shall not be excused by mere economical hardship nor by misfeasance or malfeasance of its shareholders, directors, officers or employees.

(c)

The city may make a written demand that a grantee comply with any such provision, rules, order or determination under or pursuant to this article and license agreement. If the violation by the grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city may place the issue of termination of a license before the council members. The city shall cause to be served upon the grantee, at least twenty (20) days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and issue which the council members are to consider.

(d)

The council members shall hear and consider the issue and shall hear any person interested therein and shall determine, in its direction, whether or not any violation by the grantee has occurred.

(e)

If the council members shall determine the violation by a grantee was the fault of the grantee and within its control, the council members may, by resolution, declare that the license of the grantee shall be forfeited and terminated, unless there is compliance within such period as the council members may fix, such period not to be less than sixty (60) days, provided no opportunity for compliance need be granted for fraud or misrepresentation.

(f)

The issue of forfeiture and termination shall automatically be placed upon the council agenda at the expiration of the time set by it for compliance. The council members then may terminate a license forthwith upon finding that the grantee has failed to achieve compliance or may further extend the period in their discretion.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

By acceptance of the license or any renewal of a license granted by the city pursuant to this article, a grantee understands and shall agree that failure to comply with any time and performance requirements, as stipulated in this article and license agreement, will result in damage to the city, and that it is, and will be, impracticable to determine the actual amount of such damage in the event of delay or nonperformance; the license agreement shall include provisions, liquidated damages to be paid by the grantee in amounts set forth in the license agreement and chargeable to the security fund for the following concerns:

(1)

Failure to complete any system construction or reconstruction in accordance with sections 17-90 and 17-100, unless the council members specifically approve the delay by motion or resolution, due to the occurrence of conditions beyond the grantee's control, a grantee shall pay one hundred dollars ($100.00) per day for each day, or part thereof, the deficiency continues.

(2)

Failure to provide, upon written request, data, documents, reports or information, a grantee shall pay fifty dollars ($50.00) per day, or part thereof, each violation occurs or continues.

(3)

Failure to test, analyze and report on the performance of the system following a written request pursuant to this article, a grantee shall pay the city fifty dollars ($50.00) per day for each day, or part thereof, that such noncompliance continues.

(4)

For failure to provide in a continuing manner the types of services proposed in the accepted application, unless the council specifically approves the grantee a delay or change or the grantee has obtained modification of its obligation under Section 625 of the Federal Cable Communications Policy Act of 1984; the grantee shall pay to the city two hundred dollars ($200.00) per day for each day, or part thereof, that each noncompliance continues.

(5)

Forty-five (45) days following adoption of a resolution by the council members in accordance with section 17-190(e) determining a failure of a grantee to comply with operational, maintenance or technical standards, the grantee shall pay to the city two hundred dollars ($200.00) for each day, or part thereof, that such noncompliance continues.

(6)

Any other action or nonaction by the grantee, as agreed upon between the city and the grantee and set forth in the license agreement. Nothing in this section shall preclude further liquidated damages as agreed upon by the parties in the license agreement.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

A grantee shall not deny service, deny access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, sex, age or disability. A grantee shall comply at all times with all other applicable federal, state and local laws and regulations and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this article by reference.

(b)

A grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local regulations and as amended from time to time.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Interconnection required. A grantee shall interconnect access channels of the cable system with any or all other CATV systems in the city upon the directive of the city. Interconnection of systems may be done by direct cable connection, microwave link, satellite or other appropriate method.

(b)

Interconnection procedure. Upon receiving the directive of the city to interconnect, a grantee shall immediately initiate negotiations with the other affected system or systems, in order that all costs may be shared equally among cable companies for both construction and operation of the interconnection link.

(c)

Relief. A grantee may be granted reasonable extensions of time to interconnect or the city may rescind its order to interconnect upon petition by the grantee to the city. The city shall grant said request if it finds that a grantee has negotiated in good faith and has failed to obtain an approval from the system or systems of the proposed interconnection, or that the cost of the interconnection would cause an unreasonable or unacceptable increase in subscriber rates.

(d)

Cooperation required. A grantee shall cooperate with any regional interconnection authority or city, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing or otherwise providing for the interconnection of cable systems.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

No license or license renewal granted, pursuant to the provisions of this article, shall become effective, unless and until this article has become effective and, in addition, unless and until all things required in this section are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such license granted hereunder. In the event any of such things are not done and completed in the time and manner required, the council members may declare the license null and void.

(b)

Within thirty (30) days after the awarding of a license or within such extended period of time as the council members in their discretion may authorize, a grantee shall file with the clerk of the city council its written acceptance of the license agreement, together with the insurance policies, security fund and any construction bond required by sections 17-170 and 17-180, respectively, and its agreement to be bound by, and to comply with, and to do all things required by the provisions of this article. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall be in a form and content approved by the council members.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

From and after the effective date of this article, it shall be unlawful for any person to establish, operate or to carry on the business of operating a cable television system, unless a license therefor has first been obtained pursuant to the provisions of this article.

(b)

It shall be unlawful for any person, firm or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a licensed CATV system within this city for the purpose of enabling himself or others to receive any cable television service without payment to the owner of said system.

(c)

It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of cable television services.

(d)

Neither a grantee nor any subsidiary of a grantee shall engage in the business of selling, repairing or installing television receivers within the City of Crystal River during the term of a license.

(e)

To the extent that any cable systems lawfully existed in the city on October 13, 1987, this article shall not alter or abridge the rights of such systems to operate in the manner and to the extent such system existed and operated as of such date.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

Upon award of a license pursuant to this article, a grantee shall agree to be bound by all terms and conditions contained herein.

A grantee also agrees to provide all services specifically set forth in its proposal to provide cable television service within the confines of the City of Crystal River and, by its acceptance of the license, the grantee specifically grants and agrees that its proposal is thereby incorporated by reference and made a part of the license agreement. In the event of a conflict between such proposal, the provisions of this article and the license agreement, the article shall prevail. Failure to provide services, as promised in the grantee's application, shall be deemed a breach of this article to which the provisions of section 17-250 of this article shall apply.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

Whenever is license or contract shall set forth any time for an act to be performed by or on behalf of the grantee, such time shall be deemed of the essence, and any failure of the grantee to perform within the time allotted shall always be sufficient ground for the city to invoke liquidated damages or revocation of a license.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

A grantee shall not be excused from complying with any of the terms and conditions of a license or of this article by any failure of the city upon any one (1) or more occasions to insist upon or to seek compliance with any such terms or conditions.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

As used in this section, "valid authorization" means written approval from the subscriber, subject to revocation pursuant to subsection (f) below.

(b)

Each grantee shall strictly observe and protect the right of privacy and of property of subscribers and users at all times. Information on individual subscribers, individual subscriber preferences of any kind, viewing habits, political, social or economic philosophies, beliefs, creeds, religions or names, addresses or telephone numbers shall not be revealed to any person, mailing service, investigating agency or department, company, other agency or entity, unless upon the authority of a court of law or upon prior written permission of the subscriber. The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. Such authorization shall not in any event be required as a condition of receiving service.

(c)

A grantee may release the number of its subscribers, but only as a total number and as a percentage of the potential subscribers throughout the city. When indicating the number of subscribers viewing a particular channel at a particular time, the grantee shall indicate only the total number of subscribers viewing during the relevant time and the percentage of all subscribers which they represent, but never the identity of a particular subscriber.

(d)

A grantee may maintain such information as is necessary to bill subscribers for the purchase of any system service. A grantee may contract for billing services with the consent of the city, provided that such contractor agrees to be bound by the provisions of this section and the penalties thereto pertaining.

(e)

Neither a grantee nor any other person shall initiate in any form the discovery of any information on or about a subscriber's premises, without prior valid authorization from the subscriber potentially affected.

(f)

A subscriber may, at any time, revoke any authorization previously made by delivering to the grantee, in writing, by mail or otherwise, his/her decision to so revoke. Any such revocation shall be effective upon receipt of the grantee.

(g)

No monitoring of any subscriber terminal shall take place without specific prior valid authorization by the user of the terminal in question; provided, however, the grantee may conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity. A grantee shall not initiate a subscriber response mechanism without a finding by the city manager that the system can operate effectively and yet give absolute protection against any invasion of privacy.

(h)

A grantee shall not tabulate any test results nor permit the use of the system for such tabulation which would reveal the commercial product preference or opinions of individual subscribers, members of their families or their invitees, licensee or employees without prior valid authorization of the subscriber.

(i)

Each compilation, publication, tabulation or other dissemination of each piece of information made or permitted to be made in violation of this section shall be considered a separate violation.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

(a)

Any provision of this article may be waived at the sole discretion of the City of Crystal River by resolution of the city council.

(b)

A grantee may submit a request for waiver to the council members at any time during the license term. Such request for waiver may, at the sole discretion of the council members, be set for public hearing, and a decision shall be made within one hundred twenty (120) days following the submission. Procedures for modification of license obligations shall be in compliance with Section 625 of the Federal Cable Communications Policy Act of 1984.

(c)

The council members may authorize the economic, technical or legal evaluation of such waiver request.

(d)

This section is enacted solely for the convenience and benefit of the grantor and shall not be construed in such a manner as to create any right or entitlement for a grantee.

(Ord. No. 87-0-23, § 1, 10-13-87; Ord. No. 94-0-3, § 1, 1-24-94)

For the purposes of this article, the following terms and words shall have the meaning given herein.

Consumer shall mean any person, firm, or public or private corporation served by the grantee.

Facilities or equipment shall mean pipe, pipe line, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, structure or structures, and appurtenances used or useful in the distribution of gas, located or to be located in, upon, along, across, under or over the streets.

Franchise agreement shall mean the document executed by the grantor and grantee giving the grantee the authority to operate the franchise within the city, under the terms of this article, and containing such other terms as are necessary to place the franchise into effect.

Gas shall mean natural gas and/or commingled gas and/or manufactured gas which is distributed in pipes. It shall not mean bottle gas or any other fuel.

Grantee shall mean the selected franchisees, their successors and assigns.

Grantor shall mean the City of Crystal River, Florida, its successors and assigns.

Gross revenues shall mean all revenues or receipts received by the grantee from any consumer from the sale or distribution of gas.

(Ord. No. 94-0-7, § 1, 2-28-94)

Upon execution of a franchise agreement by both grantor and grantee, there is hereby granted to grantee a nonexclusive right to erect, install, extend, maintain, and operate a system of works, pipes, pipelines, and all necessary apparatus, machinery, structures, and appurtenances in, on, and under the streets, alleys, avenues, easements, and other public ways and places within the limits of the franchise for the purpose of transporting, distributing, and selling gas to grantor, its inhabitants and the public generally for domestic, commercial, and industrial uses, and for any and all other legal purposes for which gas, during the period of this grant, may be used, together with the right at times approved by grantor to enter upon the streets of said grantor for the purposes of removing and repairing said facilities or equipment.

(Ord. No. 94-0-7, § 1, 2-28-94)

This franchise covers the following geographical area: the city limits of the City of Crystal River as they may change from time to time.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee agrees that the geographical limits of the franchise area are subject to expansion or reduction by annexation and that the grantee has no vested right in the franchise area, and that this franchise is awarded subject to the provisions of general or special laws of Florida now enacted or hereinafter enacted.

(Ord. No. 94-0-7, § 1, 2-28-94)

Any franchise authorized by this chapter shall be granted only for a period of thirty (30) years from the date of execution of a franchise agreement by the grantor and grantee.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee, it successors and assigns, shall pay to the grantor, or its successors and assigns, an amount which will equal six (6) percent of the grantee's gross revenues from consumers within the geographical limits of this franchise on a monthly basis. Payments to the city/grantor of said franchise fee shall be made monthly on or before the thirtieth (30th) day of each calendar month with respect to grantee's gross revenues during the preceding calendar month, such payment to be based upon the grantee's gross revenues during the preceding month. Nothing herein shall be construed to be a limitation on the assessment and collection of all other valid taxes, licenses, and other impositions by the grantor on and from the grantee in excess of the applicable percentage of revenues to be paid. Failure to pay said fee when due shall be a default and grantee shall pay interest of one and one-half (1.5) percent per month monthly on any delinquent payment.

(Ord. No. 94-0-7, § 1, 2-28-94)

No sale, assignment, or transfer of the rights granted hereby, even to an affiliate of grantee, shall be effective unless the grantee shall have filed written notice thereof with the grantor at least sixty (60) days prior to the scheduled date of such sale, assignment, or transfer, and unless, after the filing of such notice, the grantor shall have by resolution approved and consented to such sale, assignment, or transfer. The sale or transfer of the franchise shall be subject to all provisions and conditions set forth in this article and the resolution granting the franchise to the assignor/transferor. Provided, however, that any such sale, assignment, or transfer decreed by a court of competent jurisdiction in any receivership or bankruptcy proceedings shall not be governed by the provisions of this section.

(Ord. No. 94-0-7, § 1, 2-28-94)

Violation by the grantee of any of the covenants, terms, and conditions hereof, or default by the grantee in observing or carrying into effect any of said covenants, terms, and conditions, shall authorize and empower the grantor to declare a forfeiture of and to revoke and cancel all rights granted hereunder, provided, however, that before such action by the grantor shall become operative and effective, the grantee shall have been served by the grantor with a written notice setting forth all matters pertinent to such violation or default, and describing the action of the grantor with respect thereto, and grantee shall have had a period of sixty (60) days after service of such notice within which to rectify such violation or default; and provided further that any violation or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control of the grantee shall not constitute grounds for revoking and cancelling any rights hereunder. In the event that the grantee, upon receipt of said written notice from the grantor, does not desist from such violation within the sixty-day period, then the grantee shall be deemed to have forfeited all grants, privileges, rights, licenses, and immunities given by the franchise.

The grantee shall not enter into any verbal or written agreement with any person, firm, corporation, or other organization which agreement is conditioned upon the grantee receiving tax relief or any other relief from the grantor. Nothing herein contained shall prevent the grantee from negotiating with any person, firm, corporation, association, or other entity, except grantee is prohibited from entering into any agreement with any person, firm, corporation, association, or other entity receiving compensation from the grantor for the issuance of this franchise or the continuance thereof under its provisions. The grantee is required to make every effort to maintain operation and service at all times even in the event of work stoppage by its employees.

(Ord. No. 94-0-7, § 1, 2-28-94)

In the event of a final adjudication of bankruptcy of the grantee, the grantor shall have full power and authority to terminate, revoke, and cancel any and all rights granted under the provisions of this article.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantor hereby reserves the right at and after the expiration of this grant, or in the event of the grantee's forfeiture of any of the terms, conditions, and provisions of this franchise, to purchase grantee's franchise interests and the physical property of the grantee used under this grant at a valuation determined in accordance with the provisions of the general law now in effect.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee hereby agrees to abide by all the rules and regulations and ordinances which the grantor has enacted or might enact in the future, and further agrees to abide by any established policy which the grantor or its duly authorized representative has established or will establish provided, however, it is not intended hereby that grantor shall have the right of unilaterally modifying the terms of this franchise other than as herein provided and as is required by the execution of the grantor's home rule powers. It is also expressly recognized that the authority of the grantor is subject to preemption by the State of Florida by and through the Florida Public Service Commission and by the United States Government.

(Ord. No. 94-0-7, § 1, 2-28-94)

Prior to the beginning of any work by the grantee within the geographic limits of this franchise, grantee shall file with the grantor and shall keep in full force and effect at all times during the effective period hereof, insurance certificates evidencing a liability insurance policy or policies, which shall provide for the protection and indemnification of the grantor with respect to any and all legally valid claims of any persons suffering injury, loss or damage to person or property by reason of the construction or operation of a natural gas distribution system within the limits of this franchise.

Each such insurance policy shall be subject to the acceptance and approval of grantor's attorney of record. Any primary insurance policy must be issued by a company having a policyholder's surplus at least five (5) times the amount of coverage of the policy, and the company must have a management rating in Best's Insurance Guide of BB or better. Any excess policy used must be issued by underwriters acceptable to grantor, as indicated by the approval of the grantor's attorney of record. Each such policy shall be in the minimum sum of one million dollars ($1,000,000.00) for injury or death to any one (1) person, and in the minimum sum of one million dollars ($1,000,000.00) for injury or death to all persons where there is more than one (1) person involved in any one (1) accident and in the minimum sum of one million dollars ($1,000,000.00) for damage to property, resulting from any one (1) accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this article.

Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the grantor in writing, at least thirty (30) days before any alteration, modification, or cancellation of such policy is to become effective.

In the event that any claim or suit is filed or action brought against the grantor, either severally or jointly with the grantee, by any person or corporation seeking to recover damages resulting from or attributable to the operations or to the existence of the grantee under this franchise or within grantor's geographical jurisdiction, or arising in any manner whatsoever out of the operations or existence of the grantee within the grantor's geographical jurisdiction, whether due to the grantee's negligence or otherwise, the grantee shall, upon written notice by the grantor defend said claim, suit or action and, in the event any judgment therein should be rendered against the grantor, the grantee shall promptly pay the sum together with all costs, including all attorney's fees including appellate fees, resulting therefrom.

(Ord. No. 94-0-7, § 1, 2-28-94)

If any section, part of such section, paragraph, sentence, or clause of this article shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decisions shall have been rendered; except that grantor may at its discretion declare this franchise terminated if it finds that the provision declared invalid is an essential part of this franchise.

(Ord. No. 94-0-7, § 1, 2-28-94)

(a)

Local jurisdiction. In the event that the Florida Public Service Commission, or other state regulatory authority should be deprived of the authority to make rules and regulations governing the grantee, then the grantor shall have the right to fix reasonable and compensatory rates to be paid for gas by the consumers, and to provide for the extension, repair, and maintenance of mains and service lines, and the connection with the pipes of the consumers, and the installing and testing of meters, and to regulate the quality and pressure of gas, and to provide such other and further regulations as shall be reasonably necessary and proper to provide adequate service to consumers and to protect their interests. In the absence of a preemption by other governmental authority, the city reserves the right to regulate rates and provide service standards.

(b)

Change of government. Any change of the form of government of the grantor as authorized by the constitution and laws of the State of Florida shall not affect the validity of this franchise. Any successor government to the grantor shall, without the consent of the grantee, succeed to all rights and obligations of the grantor provided in this franchise.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantor shall have access at all reasonable hours to all of the grantee's plans, contracts, and engineering, accounting, finance, statistical, customer, and service records relating to the property and the operations of the grantee, and to all records required to be kept hereunder. The following records and reports shall be filed with the grantor and made available at the local office of the grantee.

(1)

Grantee rules and regulations. Copies of such rules, regulations, terms and conditions adopted by it for the conduct of its business.

(2)

Gross revenue. The grantee shall keep complete accounts showing dates and payments received. A monthly summary report showing gross revenues received by the grantee from its operations within the franchise area during the preceding month and year and such other information as the grantor shall request with respect to properties and expenses related to the grantee's service incurred within the franchise area. The duly authorized agent of the grantor shall have the right, power and authority to inspect and audit the current records of gross revenue of the grantee for any annual period at any reasonable time within five (5) years after the expiration of such annual anniversary. The gross revenue records of the grantee for any annual period shall be closed to the grantor after five (5) years from the said annual anniversary. In the event the grantor audits the franchise fees paid by grantee to the city and said audit reveals that said fees have been underpaid to the city by more than five (5) percent in any monthly time period, the costs of the audit including administrative costs associated with said audit will be paid by grantee to the grantor. Any underpayment of the franchise fee revealed by an audit shall be immediately paid to the grantor, City of Crystal River.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee shall file with the grantor for its approval, plans and specifications for the location or relocation of all facilities. The grantee's facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with any water pipes, sewers, storm drains, or other utilities or structures already installed or hereafter to be installed. The grantee's facilities shall interfere as little as possible with traffic over said streets, avenues, alleys, bridges and public places with reasonable egress from and ingress to abutting property, subject at all times to the lawful police power of the grantor. The grantee shall not unnecessarily or unreasonably obstruct the use of or damage any sidewalk, driveway, curb, street, alley, avenue, bridge, easement or other public place or way of the grantor which shall have been opened by the grantee for the purpose of laying, placing or repairing its facilities or equipment, and shall upon completion of such construction or repair, be restored by the grantee to as good or better order and condition as they were before the excavation was made and maintain the restoration in an approved condition for a period of one (1) year. Any obstruction of any street, alley, avenue, bridge, easement or other public place or way of the grantor not removed by the grantee after a proper notice of twenty-four (24) hours by the grantor demanding removal thereof, and any such public way or place of the grantor not repaired by the grantee after its excavation thereof, may be removed or repaired, as the case may be, by the grantor and the reasonable cost thereof plus twenty-five (25) percent of such cost for administration and engineering expenses, shall be charged against grantee and if so charged, shall be paid by the grantee and shall be collectible by the grantor in any lawful manner, together with attorney's fees and cost of collection.

(Ord. No. 94-0-7, § 1, 2-28-94)

All works, pipes, pipelines, apparatus, structures, appurtenances, the entire plant and system of grantee shall be constructed and maintained in such condition as will enable it to furnish adequate and continuous service and shall be constructed, installed, and maintained in accordance with accepted good practice and in accordance with the orders, rules and regulations of the grantor, the Florida Public Service Commission and any other state or federal regulatory agency having jurisdiction over the grantee.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee shall maintain and operate its plant and system and render efficient service in accordance with this article, other regulations of the grantor, the Florida Public Service Commission and any other state or federal regulatory agency having jurisdiction over the grantee.

Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the grantee shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such repairs are unforseen and immediately necessary, it shall give reasonable notice thereof to the consumers.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee shall promptly make such reasonable extensions of mains and service pipes as may be ordered by the grantor. Such extensions shall be made at the cost and expense of the grantee provided there is an average of one (1) additional potential consumer to each two hundred (200) feet of mains included in such extension. Where there is less than one (1) potential consumer to each two hundred (200) of proposed extended mains, the grantee will not be required to make such extension until the applicant for service along such extension shall have deposited with the grantee a sum of money sufficient to cover the cost of any length of the extension in excess of the length in feet of two hundred (200) times the number of additional consumers served thereby. The sum to be deposited by the applicant for such extension shall be subject to the approval of the grantor, as to cost. In such cases, the grantee shall refund to the applicant the cost of two hundred (200) feet of main as each additional consumer is served until the entire amount deposited shall have been refunded. The gas mains and equipment, and all appurtenances included in such extension shall be and remain the property of the grantee. As a temporary expedient in the event gas mains cannot be laid as aforesaid, and with the consent of the user thereof, the grantee may install in lieu of mains and pipelines such fixtures and appurtenances as will serve the householder, business, factory, or otherwise with the gas from tanks placed upon the individual premises and generally known as "bottle gas" assemblies, but such service shall be changed by the grantee upon laying of mains as set forth in this franchise. Consumers so connected shall constitute an additional customer, until connected to the natural gas system for the purpose of this section.

(Ord. No. 94-0-7, § 1, 2-28-94)

All main pipelines shall be laid at least two (2) feet and all lateral pipelines not less than eighteen (18) inches below the established grade of said streets, avenues, alleys, easements, and other public ways and places as such grades now exist or may hereafter be established, unless otherwise specifically authorized by the grantor.

All construction made under the provisions of this article shall be of first class material, and all piping in the system shall be protected externally from corrosion by approved methods and materials. The grantee shall file with grantor, for its approval, plans and specifications for the location or relocation of all facilities or equipment. All construction and permitting shall comply with applicable codes and ordinances of the city.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantor reserves the right to lay and permit to be laid electric conduits, water, gas, cable, and other pipelines or cables, sewers, and to do and permit to be done any underground work that may be deemed necessary or proper by the grantor or other governmental entity having jurisdiction, across, along, or under any street, alley, public way, easement, place, or other public ground. In permitting such work to be done, the grantor shall not be liable to the grantee herein for any damages so occasioned, nor shall the grantor in doing such work be liable to the grantee for any damages not wilfully and unnecessarily occasioned. Whenever, by reason of establishing a grade or by reason of changes in the grade of any street, or by reason of the widening, grading, paving, or otherwise improving present or future streets, alleys, or other public ways and places, or in the location or manner of construction of any water pipes, electric conduits, sewers, or other underground structure, it shall be deemed necessary by the grantor or other governmental entity having jurisdiction to alter, change, adapt, or conform the mains, pipelines, service pipe, or other apparatus or appurtenances of the grantee hereto, such alterations, or changes, shall be made by the grantee as ordered in writing by the grantor or other governmental entity having jurisdiction without claim for reimbursement or compensation for damages against the grantor. If the grantor shall require the grantee to adapt or conform its pipelines, pipes, structures, or apparatus, appurtenances, or other appliances, or in any way to alter, relocate, or change its property to enable any other person or corporation, except the grantor, the State of Florida, or other governmental entity of the state, to use said street, alley, easement, highway, the grantee shall be reimbursed by the person or corporation desiring or occasioning such change for any loss, cost, or expense caused by or arising out of such change, alterations, or relocation of grantee's property. The grantee further agrees that it shall not interfere with, change, or injure any water pipes, drains, sewers or other facilities or equipment, unless it has received specific permission from the grantor.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee shall have the right to make and enforce such reasonable rules and regulations as it may deem necessary for the extension of its facilities, and the sale of its gas, and the prudent conduct of its business, provided that such rules and regulations shall not be in conflict with the laws, rules, and other regulatory authorities of the grantor, the State of Florida, and other governmental entities having jurisdiction.

(Ord. No. 94-0-7, § 1, 2-28-94)

The grantee shall not, as to rates, charges, service facilities, rules, regulations, or in any fashion, subject any person to any prejudice or disadvantage, provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of changes and classified rate schedules to which any customer coming within such classification would be entitled.

(Ord. No. 94-0-7, § 1, 2-28-94)

All complaints shall be resolved by grantee in accordance with procedures established by the Florida Public Service Commission.

(Ord. No. 94-0-7, § 1, 2-28-94)

All ordinances or parts of ordinances, insofar as they are inconsistent with or in conflict with the provisions of this article, shall be and are hereby repealed.

(Ord. No. 94-0-7, § 1, 2-28-94)