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Home My WebLink About1970-027® RESOLUTION NO. _77.27 BE IT RESOLVED, by the Board of County Commissioners of Indian O River County, Florida, in meeting assembled, this 8th day of July, 1970, that SIGMA INCORPORATED, a corporation organized and existing under • the laws of the State of Florida., is hereby authorized and empowered to contract with the utility companies doing business in this county to install its coaxial cable along with said utility companies' lines to homes and business establishments located in the unincorporated areas of this county and to install, maintain, repair, operate and remove poles, lines, and other related equipment for the transmission and/or distribution of television signals under, on, over, across and alone piny county highway or any public road, easement, or highway heretofore and hereafter acquired by the county or public by purchase, gift, devise, dedication or prescription, subject, nevertheless to termination by the said county as to any of said public ways and places in the event the same shall be closed, abandoned, vacated or discontinued or reconstructed by appropriate action of said county and BE IT FURTHER RESOLVED that the privilege, license, authority and permit above granted are subject to the following terms and conditions, to wit; 1. That, in the execution of the work of stringing the wires aforesaid, and of operating, maintaining or repairing the same, SIGMA INCORPORATED and its agents and employees shall at all times exercise due care and precaution for the protection and safety of the public using said public ways and places, and at no time shall it or they create any conditions or obstructions which are or may become dangerous to the traveling public on said public ways and places or obstruct traffic upon the same for an unreasonable length of time. Z. That SIGMA INCORPORATED shall promptly repair any damage or injury to said public ways <ind places caused by it and arising out of the exercise of the privileges granted herein, restoring the same to a condition at least equal to that which existed immediately prior to the infliction of any such damage or injury. n S. That in the event of widening or repair or reconstruction of any ®w such road, SIGMA INCORPORATED shall move or remove its cable lines at no cost to said County of Indian River, provided that in the event such �m removal is made necessary by the construction of a project on the Federal Aid Teter -State system and should be eligible for reimbursement under Federal Aid Highway Act of 1966, Public I,aw 627 of the Eighty -Fourth Congress, then the provisions of said Act and Section 338. 19, Florida Statutes, 1965, should apply. 4. That no line, pole or other related equipment shall be installed, located or relocated and no inspection or repair which interfere with the normal flow of traffic shall be authorized unless a. permit be granted by the County Administrator, who is hereby designated as agent of the county for said purposes. SIGMA 1NCORPORATEr shall give the County ten (10) days' notice prior to constructing, repairing or relocating transmission lines or other related facilities on county right-of-way. in the event the delay resulting from the ten (10) days' notice would cause hardship on the customer, the County Administrator or other designated representative is hereby authorized to give permission for immediate construction. Said notice shall include a sketch or drawing of the proposed line or facility showing as accurately as may be practicable the location with reference to the road and other pertinent details as the County may from time to time require. It is the intent of this paragraph that the County Administrator have wide discretion In information required and in the granting of permits. The requirements of the National Electric S fety Code and all statutes and regulations, concerning or governing such installations shall be complied with by SIGMA INCORPORATED. 5. That SIGMA INCORPORATED so long as it shall exercise :Iny of the privileges granted above, shall hold the said county, the Hoard of County Commissioners as a body, and its members individually, harmless from the 140 payment of any compensation or damages resulting from the exercise of the privileges granted herein. 6. This permit is granted subject to regulations which may from time ® to time be promulgated by this Board to protect, or facilitate use of county roads by the public, both generallyand as to specific locations. 7. This permit is given pursuant r).nd subject to the provisions of Section 126. 42, 338. 17, 338. 18, 338.19 and 338.20 of Florida. Statutes, 1967, all of which are made a part hereof as fully is if set forth herein verbatim. 8. This permit is not exclusive and is riot intended as ,a. franchise. 9. That in the exercise of this permit SIGMA .INCORPORATED shall have the right to trim trees, bushes, hedges and shrubbery within the county rights-of-way or easements only when necessary land ,after approval by the County Administrator, SIGMA INCORPORATED agrees to remove such trimmings to an approved dumping ,,irea. 10. In the event SIGMA INCORPORATED fails to provide satisfactory services to its subscribers in Indian River County, fails to expand its services In said county as the population density warrants or «s demands warrant, or raises its rates above those shown on the 'attached schedule, which is by reference made a part hereof, without the consent of the Board of County Commissioners, this permit may be cancelled by said Board after giving the Company sixty (GU) days' written notice in which to correct said services and/or rates. T.: the event that the Board of County Commissioriers, ata future date, determines that a. fee or charge should be made for this permit < nd the rights granted hereunder, the Board of County Commissioners and SIGMA INCORPORATED will mutura.11y agree as to a reasonable amount for said fee or charge. Li the event the Board and SIGMA INCORPORATED cannot agree, then the Board of County Commissioners will appoint an arbitrator. Within five (5) days of such appointment, SIGMA INCORPORATED will appoint an arbitrator. .. 3-- Within five (b) dtays of the appointment of :in ,rbitrator by SMMA INCORPORATED, the two arbitrators will pick as third orbitr^tor. Upon the failure of the two appointed rirbitrators to select third arbitrator, the C.rcuit Court Judge of Indian River County will select the third arbitrator. The three arbitrators El will conduct an open hearing at which time the Board of County Commissioners and SIGMA INCORPORATED may present evidence. The arbitrators will render their decision within ten (10) d^;rs following the herring. The decision of the arbitrators shall be final and binding on the Board of County Commissioners and SIGMA INCORPORATED. U: the event ,acharge is nide SIGMA INCORPOR- ATED as outlined above, the Board of County Commissioners :gree to approve a proportionate rate increase. 11. It is hereby agreed that SIGMA INCORPORATED will extend its services to the Sebastian, Florida., area. by J:-.nuary 1, 1971; the Roseland, Florida, :area. by April 1, 1971; the Fellsmere, Florida, s+rea by July 1, 1971, and the Wabasso- Winter Beach, Florid:., : re,a by September 1, 1971, or this permit becomes voidable at the option of the Do :rd of County Commissioners. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Chairman ATTEST: ACCEPJANCE SIGMA INCOI BORATED does hereby ,accept the foregoing Permit and agrees to comply with the terms �%nd conditions set forth therein. DATED, this dt,-y of 1970. SIMM, INCORPORATEr 13Y_. - - - --- i Resident ATTEST: (S F A I..) S ocrotary 7 July 1-970 The rate sclheJulc-, for SObastian and Tric]'L--xn Rive -r County is as -.Follows: reto Residential hookups Installation $1Y.95 Extr,i, Outlet 14.95 and 1.00 M( - Disconnect - No Chorqe Reconnect $7.95 and, $4.95 monthly Relocate or move c,,)bl(, Snrvicr, Calls - NO Charge I M