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R-0666-79 RESOLUTION NO. 666-79 A RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA, GRANTING A PERMIT FOR THE CONSTRUCTION, ACQUISI- TION, OPERATION, AND MAINTENANCE OF A CABLE TELEVISION SYSTEM WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, PROVIDING SCHEDULE OF AUTHORIZED MAXIMUM RATES . WHEREAS, Miami Shores Village, after full public pro- ceedings affording due process, has determined that Storer Cable TV of Florida, Inc. is possessed of the requisite legal, character, financial, technical, and other qualifications to construct, own, and operate a cable television system to serve Miami Shores Village, Florida, and that its construction and financing plans are adequate and feasible; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA: Section 1. There is hereby granted to Storer Cable TV of Florida, Inc. , its heirs, successors and assigns, for a term of ten (10) years, the right, authority, and power, to establish, construct, acquire, maintain, and operate a cable television system within Miami Shores Village, to render, furnish and sell cable service therefrom within the territorial limits of the Permit Area, and to use and occupy the public streets, rights-of-way and easements (including all easements dedicated for utility purposes) for such purposes, subject to the terms and conditions of Miami Shores Village Ordinance No. 407-78 and the Rules of the Federal Communications Commission, which are hereby incorporated by reference and made a part of this franchise contract. Section 2. This franchise is non-exclusive and is limited to those areas of Miami Shores Village described as the entire incorporated area of Miami Shores Village, Florida. Section 3. This permit is in lieu of any and all other rights, privileges, immunities, and authorities which may be held by the grantee or the successors to any interest of the grantee, pertaining to the construction, acquisition, operation or maintenance of any cable television system in Miami Shores Village, and the acceptance of this permit by the grantee shall operate as an abandonment of any and all such rights, privileges, immunities, and authorities within Miami Shores Village issuing from any other source. All construction, operation and maintenance by this grantee of any cable tele- vision system in Miami Shores Village shall be in all instances and respects under and pursuant to this permit and not under or pursuant to any other right, privilege, immunity or authority whatsoever. Section 4. Time is of the essence in this permit, and the grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this Resolution, Miami Shores Village Ordinance No. 407-78 and the proposal submitted by Storer Cable TV of Florida, Inc. by the failure of Miami Shores Village to enforce prompt compliance. Section 5. This permit merely authorizes the construction, acquisition, operation and maintenance of a cable television system as provided by Miami Shores Village Cable Television Ordinance and does not take the place of any other license or permit which may be legally required of the grantee in order to conduct such a business. Section 6. (1) This permit shall take effect immediately and remain in force for a term of ten (10) years upon the filing of an unconditional acceptance by the grantee. Such acceptance must: (a) be in written form duly executed and sworn to; (b) contain a promise that the grantee shall comply with and abide by all terms, provisions, - 2 - and conditions of this permit; and, (c) be filed with the Agency within thirty (30) days from the date of passage of this Resolution. Grantee shall exercise none of the rights granted by this Resolution until evidence of compliance with the bonding insurance requirements of Sections 6 and 12 of the Miami Shores Village Ordinance No. 407-78 has been filed with the Agency. (2) Should the grantee fail to comply with paragraph (1) above, it shall acquire no rights, privileges, or authority under this permit whatsoever. Section 7. (1) The rates and charges attached hereto and made a part hereof are hereby authorized for service under this permit and shall not be changed by the grantee without prior approval of the Village Council given as pro- vided by Section 14 of said Ordinance No. 407-78. (2) Installation and service for the first outlet in each county, municipal and public school facility in the grantee's franchise area shall be furnished free, and all additional outlets shall be installed and serviced at cost to subscriber equal to grantee's costs. (3) Grantee may offer discounts for annual payment in advance and for single billings for multiple accounts. Such discounts shall not amount to a preference and shall not exceed approximate savings to grantee. PASSED AND ADOPTED by the Village Council of Miami Shores Village unanimous Mhz Florida, by a vote at its regula meeting,,of March 20, 1979. d Ma or ATTEST: 1-7le Vil1le Clerk- 3 - SCHEDULE OF RATES FOR STORER CABLE TV OF FLORIDA, INC. Effective March 20, 1979, pursuant to Resolution No. 66-79 of Miami Shores Village Basic subscriber rates (mark out inapplicable options': w or w/out) 1st outlet w converter $25.00 $ 7.50 Additional outlet w converter 15.00 2.50 FM with original installation 10.00 2.50 FM separate installation 15.00 2.50 Relocation of TV receiver 15.00 -- Vacation standby 15.00 -- Hotels, motels, hospitals 1st outlet w or w/out converter Labor / 7.50 Each add'l outlet with converter Material 5.00 without converter Same 2.50 Commercial rates 1st outlet w converter 25.00 7.50 Add' l outlet w converter 15.00 2.50 Multiple units-bulk rate One billing to owner Up to 5 units -- 7.50 6 - 49 units -- 15% disc. Over 50 units -- 15% disc. Reconnection Services -- -- Up to 5 units (each unit) n/a -- 6 - 49 units (each unit) n/a Over 50 units (each unit) n/a -- -4-