2001-08-21 RegularCITY OF OKEECHOBEE
AUGUST 21, 2001 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
CALL TO ORDER - Mayor:
August 21, 2001, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor All Jaquith;
Pledge of Allegiance led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the August 7, 2001 Regular Meeting.
PAGE 1 OF 8
Mayor Kirk called the August 21, 2001 Regular City Council Meeting to order at 6:00 p.m.
Pastor Jaquith offered the invocation;
Mayor Kirk led the pledge of allegiance.
City Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Council Member Watford moved to dispense with the reading and approve the Summary of Council Action as amended
for the August 7, 2001 Regular Meeting; seconded by Council Member Oliver. There was a brief discussion on this
item.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
199
200 AUGUST 21, 2001 - REGULAR MEETING - PAGE 2 OF 8
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the July 2001 Warrant Register: Council Member Watford movedto approvethe July 2001 Warrant Register in the amounts: General Fund two hundred
twenty-four thousand, five hundred twenty-one dollars and eighty-five cents ($224,521.85), Law Enforcement Special
General Fund .............................. $224,521.85 Fund two thousand, eight hundred eighty-six dollars and sixty cents ($2,886.60), Emergency and Disaster Relief Fund
Law Enforcement Special Fund .................. $2,886.60 one thousand, nine hundred fifty dollars ($1,950.00); seconded by Council Member Oliver. There was no discussion
Emergency and Disaster Relief Fund .............. $1,950.00 on this item.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda.
agenda. III There were none. -
VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M.
A 1. a) Motion to read by title only proposed Resolution No. 01-08 Council Member Watford moved to read proposed Resolution No. 01-08 regarding Garbage Assessment by title only;
regarding Garbage Assessment - City Administrator (Exhibit 2). seconded by Council Member Oliver.
b) Vote on motion to read by title. VOTE
KIRK - YEA
CHANDLER -YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
August 21, 2001 - Regular Meeting - Page 3 of 8
201
VII. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED.
A.1. c) City Attorney to read proposed Resolution No. 01-08 by title only
2.a) Motion to adopt proposed Resolution No. 01-08.
b) Public Comments.
Attorney Cook read proposed Resolution No. 01-8 bytitle only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA TO ADOPT A UNIFORM METHOD OF COLLECTING NON -AD
VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION, STATING INTENT TO USE
SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR SUCH
ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF,
COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER
AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES 197.3632;
PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR
PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE."
Council Member Oliver moved to adopt proposed Resolution No. 01-8; seconded by Council Member Chandler.
Mayor Kirk opened the floor for discussion by the public. Mr. Quinton Varnes asked why the Council wanted to change
the solid waste billing from the Okeechobee Utility Authority Office with a consolidated water bill to the tax roll.
Administrator Veach explained that there is a problem with people receiving collection (service) and not paying for it,
by putting it on the tax roll it will "capture" everyone. The City can recoup some of the costs for paying the OUA for the
billing service and it will make it consistent with the way the County does their billing.
Mr. Bill Farberik spoke in opposition of the resolution. Staff also received five phone calls/letters in opposition of
passing the resolution. Mr. John Morgan spoke in favor of passing it and agreed with the City's justification of
implementing the new collection system.
Council and staff discussed what start-up" costs would be involved and the statement made by Mr. Farberik that he
was able to sign a waiver with the OUA and did not have to pay for service since he was not a full-time resident of the
City of Okeechobee. Administrator Veach was instructed to find out what the criteria was that permitted the waiver's
to be issued.
Attorney Cook noted that the resolution needed to be amended to include a paragraph for severability. Council
Member Watford moved to amend proposed Resolution No 01-8 to include a paragraph for severabilibL
seconded by Council Member Williams.
202
AUGUST 21, 2001 - REGULAR MEETING - PAGE 4 OF 8
Mi. PUBLIC HEARING FOR RESOLUTION ADOPTION CONTINUED.
A. 2. b) Public Comments continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - MAYOR.
VIII. UNFINISHED BUSINESS.
A.1. a) Motion to remove from the table awarding an audit bid - Mayor
b) Vote on motion.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION TO AMEND CARRIED.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED AS AMENDED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M.
Council Member Chandler moved to remove from the table the awarding of an audit bid; seconded by Council Member
Williams.
VOTE
KIRK - YEA
CHANDLER- YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mayor asked that each representative from those firms present come and give a brief presentation. Those firms were
DeBartolomeo, McBee, Hartley and Barnes; J.D. Gilbert and Company; McAlpine, Cavalcanti and Lewis; Hoyman,
Dobson and Company.
August 21, 2001 - Regular Meeting - Page 5 of 8
203
Vill. UNFINISHED BUSINESS CONTINUED. Council Member Chandler moved to award a three year audit bid to (the low bidder) Hoyman, Dobson and Company
in the amount of forty-eight thousand dollars ($48,000.00); seconded by Council Member Oliver.
A. 2. Motion to award an audit bid -City Administrator (Exhibit 5).
Council Member Watford stated that even though this company was the lowest bidder, their price did not include an
audit for additional grants the City might receive. The next highest bidder did include those costs for grant audits and
was only two thousand dollars more.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - NO
WILLIAMS - YEA
IX. NEW BUSINESS. MOTION CARRIED.
A Motion to approve a taxi cab permit for A-1 Taxi and All County III Council Member Oliver moved to approve a taxi cab permit for A-1 Taxi and All County Taxi Corporation; seconded by
Taxi Corporation -City Administrator (Exhibit 1). Council Member Watford. There was brief discussion regarding this item.
LVAt4
KIRK - YEA
CHANDLER -YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
B.1. a) Motion to read by title only and set September 4, 2001 as a public Council Member Watford moved to read by title only and set September 4, 2001 as a public hearing date for proposed
hearing date for proposed Ordinance No. 775 regarding a Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable; seconded by
Franchise Agreement between the City and Adelphia pertaining to Council Member Oliver.
cable - City Attorney (Exhibit 3).
VOTE
b) Vote on motion to read by title only. KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
204 August 21, 2001- Regular Meeting - Page 6 of 8
Mi. NEW BUSINESS CONTINUED.
Attorney Cook read proposed Ordinance No. 775 by title only as follows: "AN ORDINANCE GRANTING A
B.1. c) City Attorney to read proposed Ordinance No. 775 by title only. FRANCHISE TO TELESATACQU►SITIONLIMITEDPARTNERSHIP TOCONSTRUCT, OPERATE, AND MAINTAIN
A CABLE TELEVISION SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY); SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE, PROVIDING FOR REGULATION AND USE
OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE."
2. a) Motion to approve the first reading of proposed Ordinance No. 775. III Council Member Watford moved to approve the first reading of proposed Ordinance No. 775; seconded by Council
Member Oliver.
b) Discussion. Attorney Cook advised that he has several revisions that needed to be made to the proposed ordinance and requested
the Council table the motion. The public hearing has been set by action above. However, that will not be sufficient time
to review the revisions with Adelphia representatives, therefore the public hearing may have to be rescheduled.
Council Member Watford moved to table the motion to approve the first reading of proposed Ordinance No. 775;
seconded by Council Member Oliver.
c) Vote on motion. VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
C. Motion to approve a title change for Police Captain Tommy Council Member Oliver moved to approve a title change for Tommy Raulerson from Captain to Major; seconded by
Raulerson - City Administrator (Exhibit 4). Council Member Chandler. There was brief discussion on this item. Council did note that this is just a title change and
will not affect his salary.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
August 21, 2001 - Regular Meeting - Page 7 of 8 WS
IX. NEW BUSINESS CONTINUED.
D. Motion to approve a Grant of License between the City and Steve Council Member Chandler moved to approve a Grant of License between the City and Steve Nelson as amended for
Nelson - City Attorney (Exhibit 6). the use of the portion of the East to West Alley in Block 168, Lots 1, 11 and 12, City of Okeechobee; seconded by
Council Member Oliver.
Amendments: Page 2, paragraph 4, change "alleges personal" to "alleged bodily;" change "loss payee" to "named
insured"and clear up the language regarding the grantees' responsibility of the maintenance.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
X. ADJOURN MEETING - Mayor.
MAYOR KIRK ADJOURNED THE REGULAR MEETING AT 7:35 P.M. AND CALLED FOR A RECESS.
XI. OPEN BUDGET WORKSHOP - Mayor.
A. Discuss the proposed 2001-2002 Budget -City Administrator. III MAYOR KIRK OPENED THE BUDGET WORKSHOP AT 7:47 P.M.
Mayor Kirk explained the purpose of this workshop was to review and discuss the proposed 2001/2002 Fiscal Year
budget. Other City Staff present and invited to participate in the discussion included Fire Chief Keith Tomey, Police Chief
Denny Davis, Public Works Director Donnie Robertson and Account Supervisor Lola Parker.
The Council and Staff reviewed each department's budget page by page. There were significant increases in
communication and freight line items in most budget's, Council cautioned to keep those costs down and only use
"overnight" mail when absolutely necessary.
Due to the Council's action to change the garbage collection to the tax rolls. Seventeen thousand, one hundred dollars
($17,100.00) will have to be added to the Finance Budget.
Administrator Veach explained that the costs in the Police, Fire and General Services Budgets to purchase one police
car will be reduced. Council Member Chandler suggested that it would cost each department less if the City added a
vehicle to the lease program. Council agreed that was a good idea.
to$
August 21, 2001 - Regular Meeting - Page 8 of 8
XI. BUDGET WORKSHOP CONTINUED.
A. Discuss the proposed 2001-2002 Budget continued.
XII. ADJOURN WORKSHOP - Mayor.
Please take notice and be advised that if a person decides to appeal any decision made by the City Council with
respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the
proceeding is made, which record includes the testimony and-w*nce upon which the appeal is to be based.
ATTEST:
Bonnie S. Thomas, CIVIC, City Clerk
James E. Kirk, Mayor
The Council discussed remodeling the old police department to make one building for the fire department (upstairs and
downstairs) and re -roofing the City Hall building. Council Member Oliver was in favor of doing the remodeling this year
noting that the longer the Council waits the more it will cost in the future. Administrator Veach commented that Staff did
not know at this time whether they would approach the project as a "Design Build" but would have to bring all information
back to the Council at the appropriate time, if approved in the budget. Council Member Watford strongly urged Staff to
be sure when the re -roofing bids are let, that the company awarded the bid has the experience and knowledge to do
it.
Council discussed at length proposed changes in personnel. Following the discussion, Council requested a budget
prepared with a 5 percent across the board salary increase. Add one part-time code enforcement field representative.
Add a category for Battalion Chief in the Fire Department Budget. Salary adjustment for Fire Department Personnel
(Chief, Lieutenants, Firefighters/EMT). Add one Firefighter/EMT position. Add a position for a full-time, in-house
engineer.
Mayor Kirk called for another Budget Workshop for Monday, August 27, 2001 at 5:00 p.m.
THERE BEING NO FURTHER DISCUSSION, MAYOR KIRKADJOURNED THE BUDGET WORKSHOP AT9:55 P.M.
�I
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1
1
FROM:
0 City of Okeechobee
m
m
BONNIE S. THOMAS, CMC
City Clerk
° 1915City Supervisor of Elections
Personnel Administrator
Lane Gamiotea, Deputy Clerk
E-mail: igamioteo@ciNofokeechobee.com
Phone: (863) 763-3372 ext. 215
55 S.E. Third Avenue Fax: (863) 763-1686
Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com
DATE: FAX NO.: N4''1-305
04 Iq PAGE TOTAL:
COMMENTS:
CONTACT
IN CASE OF
PROBLEMS: e- i
Page -1-
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING - August 21, 2001
HANDWRITTEN MINUTES
k ,4 t�, t" 21 2001 Gipy GQwv►.c�ZP�u.La.vMeet��; 6:00 P. vw.
CALL TO ORDER: - Mayor: v 6 v i s
OPENING CEREMONIES: Invocation offered by !m�Pledge of Allegiance led by
MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas.
Present Absent
Mayor Kirk
Council Member Chandler
Council Member Oliver '
Council Member Watford
Council Member Williams
Attorney Cook
Administrator Veach
City Clerk Thomas
Deputy Clerk Gamiotea
IV. MINUTES - City Clerk. A. Council Member LLd, moved to dispense with the reading and approva/the Summary of Council Action for the
August 7, 2001 Regular Meeting; seconded by Council Member :' % Q� 7
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion �me0 — Denied.
V. WARRANT REGISTE .R.C�ity Administrator.
A. Council Member /�-'� , moved to approve the July 2001 Warrant Register in the amounts: General Fund two
hundred twenty-four thousand, five hundred twenty-one dollars and eighty-five cents ($224,521.85), Law Enforcement
Special Fund two thousand, eighty hundred eighty-six dollars and sixty cents ($2,886.60), Emergency and Disaster
Relief Fund one thousand, nine hundred fifty dollars ($1,950.00); seconded by Council Member -
VOTE YEA NAY ABSTAIN ABSENT
KIRK ,'
CHANDLER r
OLIVER
WATFORD
WILLIAMS
Motion �arr7ied -- Denied.
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Page -2-
VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION -MAYOR >� P.M..
A I. a) Council Member Lo moved to read proposed Resolution No. 8 regarding Garba a Assessment b
title only City Administrator (Exhibit 2); seconded by Council Member A g y
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion 42"d - Denied.
c) Attorney Cook read proposed Resolution N 01-8 b title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA TO AD A UNIFORM METHOD OF COLLECTING NON -AD
VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION; STATING INTENT TO USE
SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR SUCH
ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF
COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAISER
AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES 197.3632;
PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR
PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE."
2.a) Council Member moved to adopt proposed Resolution No. 0 1 -8; seconded by Council Member
b) Public Discussion.
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c) VOTE YEA. NAY ABSTAIN ABSENT i(� d- ` ``•'`�-�Qy!
KIRK
CHANDLER
OLIVER �----------
Ij
WATFORD
WILLIAMS
Motion�arried - Denied:—� ---
CLOSE PUBLIC HEARING b' 3 o P.M..
64
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Page -3-
VIII. UNFINISHED BUSINESS.
A.1.a) Council Me ber '� moved to remove from the table awarding an audit bid -Mayor; seconded by Council
Member , /,, )
b) Vote on motion. VOTE
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
YEA NAY ABSTAIN ABSENT
Motion qh�-;d, - Denied.
2. Council Member 72 Cj moved to award an audit bid to-�
seconded by Council Member t'_3 -City Administrator (Exhibit 5);
.�lX
VOTE YEA NAY ABSTAIN ABSNT
KIRK
�` :�
CHANDLER
OLIVER ✓"
WATFORD�-� --
WILLIAMS
_ 1 Motion Carried - Denied.
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Page -4-
MI. NEW BUSINESS.
A. Council Member ' . moved to approve a taxicab er it for A-1 axi and All County Taxi Corporation - City
Administrator (Exhibit 1); seconded by Council Member)
VOTE Y NAY ABSTAIN ABSENL Pj
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion 41rried — Denied.
B.1.a) Council Member fI moved to read by title only and set September 4, 2001 as a public hearing date for
proposed Ordinance o. 775 regarding a Franchise Agree r�{ between the City and Adelphia pertaining to cable -
City Attorney(Exhibit 3); seconded by Council Member ,U
b) Vote on motion to read by title only
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion Carried -• Denied.
c) Attorney Cook read proposed Ordinance No. 775 bytitle only as follows: "AN ORDINANCE GRANTING A FRANCHISE
TO TELESAT ACQUISITION LIMITED PARTNERSHIP TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
TELEVISION SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY); SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE."
2.a) Council Member� moved to approve the first reading of proposed Ordinance No. 775; seconded by Council
Li Member,
b) Discussion.
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c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion Carried — Denied.
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Page -5-
C. Council Member moved to approv tie change for Police Captain Tommy Rau lerson - City Administrator
(Exhibit 4); seconded by Council Member /M .
VOTE
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
YEA NAY ABSTAIN ABSENT
Motion �d - Denied. .-LL
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D. Council Member moved to approveaGrant of License between the City and Steve Nelson - City Attorney
(Exhibit 6); secon a by Council Member ;rX'i
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion amted - Denied.
7_ U
VIII. ADJOURN MEETING - Mayo - V adjourned the meeting at p.m.
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Page -6-
IX. OPEN BUDGET WORKSHOP - Mayor.
A. Discuss the proposed 2001-2002 Budget - City Administrator.
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VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - MAYOR P.M„
A I- a) Council Member moved to read proposed Resolution No. 01-08 regarding Garbage Assessment by
title only- City Administrator (Exhibit 2); seconded by Council Member (:�a
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER L'
OLIVER c�
WATFORD L
WILLIAMS �—
Motio arrie Denied.
c) Attorney Cook read proposed Resolution No. 01-8 by title only as follows: "A RESOLUTION OF THE CIN-AD
TY OF OKEECHOBEE, FLORIDA TO ADOPT A UNIFORM METHOD OF COLLECTING NO
VALOREM ASSESSMENTS FOR SOLID WASTE COLLECTION; STATING INTENT TO USE
SUCH UNIFORM METHOD OF COLLECTION; STATING THE NEED FOR SUCH ASSESSMENT; PROVIDING A LEGAL DESCRIPTION FOR THE AFFECTED AREAS OF
COLLECTION; AUTHORIZING SUCH AGREEMENTS WITH THE PROPERTY APPRAI AND TAX COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES I AI PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION; PROVIDING FOR
PUBLICATION OF INTENT; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE."
2. a) Council Member moved to adopt proposed Resolution No. 01-8; seconded by Council Member
b) Public Discussion.
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c) VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER U L 1U
OLIVER
WATFORD
WILLIAMS C-
Motio Cam - Denied.
CLOSE PUBLIC HEARING P.M„ �,� � 6L, +U
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Page -I-
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING - August 21, 2001
HANDWRITTEN MINUTES
1. CALL TO ORDER: - Mayor:
CCpCj ad
II. OPENING CEREMONIES: Invocation offered by P �,qL
Pledge of Allegiance led by
Y awor X W
IV.
A.
MAYOR, COUNCIL AND STAFF ATTEND
Mayor Kirk
Council Member Chandler
Council Member Oliver
Council Member Watford
Council Member Williams
Attorney Cook
Administrator Veach
City Clerk Thomas
Deputy Clerk Gamiotea
MINUTES - City Clerk. I
Council MemberJ)ul moved dispense with the rend apro t the Summary of Council Action for the
August 7, 2001 Regular Meeting; seconded by Council Member 30Nel
un_. 0-"UCtLd `+cam ,�tCCiC1 2 t'7, _ /U� 6k���o LikrK. C
�co�i�p+or���LAo,'�''o Na�5(�ceeCu, rna�,u�6i
VOTE YEA NAY ABSTAIN ABSENT �vx a;��
KIRK ,."_ Cc �?h¢azr�rtsw ,
CHANDLER
OLIVER
WATFORD
WILLIAMS
Wd +-, Mtn U
I-�tQ �k l �
Motio arrie — Denied.
V. WARRANT REGISTER - City Administrator.
A. Council Member 1moved to approve the July 2001 Warrant Register in the amounts:
�hundred twenty-four thousand, five hundred twenty-one dollars and eighty-five cents ($224,521.85), Law Enforc ment
t Special Fund two thousand, eighty hundred eighty-six dollars and sixty cents ($2,886.60), Emergency and Disaster
Relief Fund one thousand, nine hundred fifty dollars ($1,950.00); seconded by Council Member �p
VOTE
KIRK
YEA NAY ABSTAIN ABSENT
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motio arrl — Denied.
VI. AGENDA - Mayor.
A• Requests for the addition, deferral or withdrawal of items on today's agenda.
004-1-
All. UNFINISHED BUSINESS. Page -3-
A.1.a) Council Member �_ moved to remove from the table awarding an audit bid - Mayor; seconded
Member ejby Council
,u
b) Vote on motion. VOTE
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
YEA NAY ABSTAIN ABSENT
v
Motio Carrie Denied.
2. Council Member —A4— moved to award an audit bid to /40.1
seconded by Council Members City Administrator (Exhibit 5);
VOTE YEA NAY ABSTAIN ABSENT
KIRK ✓
CHANDLER
OLIVER
WATFORD
WILLIAMS ►�
Motio Ca!qr Denied.
Mid C//Cl
CM
LIV du
U (J
a
•
Page -4-
NEW BUSINESS.
Council Member moved to approve a taxi cab,per�mit for A-1 Taxi and All County Taxi Corporation - City
Administrator (Exhibit 1); seconded by Council Member - )
VOTE YEA NAY ABSTAIN ABSENT
KIRK =-
CHANDLER
OLIVER
WATFORD
WILLIAMS
�---
Motio Carried-,benied.
- hcl(, /Y?a-ui vv, job
B.1.a) Council Member I L moved to read by title only and set September 4, 2001 as a public hearing date for
proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable -
City Attorney(Exhibit 3); seconded by Council Member M�-
b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT
KIRK tl-
CHANDLER V
OLIVER
WATFORD
WILLIAMS L`
Motin Carried: Denied.
c) Attorney Cook read proposed Ordinance No. 775 bytitle only as follows: "AN ORDINANCE GRANTING A FRANCHISE
TO TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE
TELEVISION SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY); SETTING FORTH CONDITIONS
ACCOMPANYINGTHE GRANTOFTHE FRANCHISE; PROVIDING FOR REGULATIONAND USE OFTHE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE."
2.a) Council Member moved to approve the first reading of proposed Ordinance No. 775; seconded by Council
Member C!
b) Discussion. q 2
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c) Vote on motion. VOTE YEA�NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion�ald —Denied.
•
Page-5-
C. Council Member Pam" moved to approve atitle change for Police Captain Tommy Rau lerson -City Administrator
(Exhibit 4); seconded by Council Member Mz .
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER `��t
OLIVER v
WATFORD bt bua, fCn
WILLIAMS c-
Motion Car��ed Denied. J �' `� Q �t� �. / C��(i �G� �h Er Full
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D. Council Member moved to approve a Grant -of License between the City and Steve Nelson - City Attorney
GGI (Exhibit 6); seconded by Council Member T1
VOTE YEA NAY ABSTAIN ABSENT' -C?
KIRK
CHANDLER - C /��
OLIVER
WATFORD Ou
WILLIAMS CY�tJ IL �G� �k- -)a 76/,P, 0 7
Motion arri Denied. ; CLUI�l xat oa& d MaLwd
D.00Lrx _k�,, (r�W bZ1-/Jolkol-) �,� ( �L2!! C,f -
Vill. ADJOURN MEETING - Mayor adjourned the meeting at p.m.
q��d rI Page -6-
IX OPEN BUDGET WORKSHOP -Mayor.
A. Discuss the proposed 2001-2002 Budget - City Administrator.
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CITY OF OKEECHOBEE
August 21, 2001 REGULAR CITY COUNCIL MEETING
REVISED OFFICIAL AGENDA
PAGE 1 OF 3
I. CALL TO ORDER -Mayor: August 21, 2001, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaquith;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
• City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the August 7, 2001 Regular
Meeting.
AUGUST 21 � 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 3
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the July 2001 Warrant Register:
General Fund $224,521.85
Law Enforcement Special Fund $2,886.60
Emergency and Disaster Relief Fund $1,950.00
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
• VII. OPEN PUBLIC HEARING FOR RESOLUTION ADOPTION - Mayor.
A.1.a) Motion to read by title only proposed Resolution No. 01-08 regarding Garbage Assessment - City
Administrator (Exhibit 2).
b) Vote on motion to read by title.
C) City Attorney to read proposed Resolution No. 01-08 by title only.
2.a) Motion to adopt proposed Resolution No. 01-08.
b) Public Comments.
• C) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VIII. UNFINISHED BUSINESS - Mayor.
A.1.a) Motion to remove from the table awarding an audit bid - Mayor.
b) Vote on motion.
2. Motion to award an audit bid - City Administrator (Exhibit 5).
AUGUST 21 � 2001 CITY COUNCIL AGENDA - PAGE 3 OF 2
IX. NEW BUSINESS.
A. Motion to approve a taxi cab permit for A-1 Taxi and All County Taxi Corporation - City Administrator
(Exhibit 1).
B.1.a) Motion to read by title only and set September 4, 2001 as a public hearing date for proposed Ordinance No.
• 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable - City Attorney
(Exhibit 3).
b) Vote on motion to read by title only.
C) City Attorney to read proposed Ordinance No. 775 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 775.
b) Discussion.
C) Vote on motion.
C. Motion to approve a title change for Police Captain Tommy Raulerson - City Administrator (Exhibit 4).
. D. Motion to approve a Grant of License between the City and Steve Nelson - City Attorney (Exhibit 6).
X. ADJOURN REGULAR MEETING - Mayor.
XI. OPEN BUDGET WORKSHOP - Mayor.
A. Discuss the proposed 2001-2002 Budget - City Administrator.
XII. CLOSE BUDGET WORKSHOP - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such
purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for
the sole purpose of backup for official records of the Clerk
Fe
MEMORANDUM
Office of the City ClerklFero onnel Administrator
To: Mayor Kirk
From: Bonnie S. Thomas, City Clerk
Subject: Correction on August 7, 2001 Minutes
Date: August 20, 2001
When addressing the approval of the minutes please note that page 7, New
Business Item "C" should read "Following presentations by representatives from J. D.
Gilbert and Company; Hoyman, Dobson and Company; and DeBartolomeo,
McBee, Harley and Barnes ..." Instead of "all firms who submitted an Auditing
Services Bid ..." because all firms did not give a presentation.
Thank you O
•
APPLICATION FOR TAXI CAB BUSINESS PERMIT
ExHIBIT 1
AUGUST 21 AGENDA
1. Applicant's Name: A-1 TAXI & ALL COUNTY TAXI CORPORATION
2. Applicant's Address: 604 S. W. Park St. - Suite 203 - Okeechobee, Fl
How Long: 4 1/2 years......... previously at 403 N. W 3 St for l 1 years
3. Telephone No.: Dispatch - 763-8393 Business Office - 763-8316
Fax - 357-1402
4. If a corporation or partnership, list names and addresses of all officers or
partners: Ruth G. Krieg, 964 County Road 721 - Lot 21 - Lorida, Florida_
33857
5. Length of time applicant has resided in the City or County of Okeechobee:
Corporation has had permit and operated in the City of Okeechobee for the
past 16 years
6. Give description of all experience applicant has in the transportation of
passengers: Corporation has operated said business since 1984 providing
local and long distance transportation Ruth Krieg has managed and owned
said business for the past 7 years.
7. List any facts which prove that public convenience and necessity require
granting a permit: Continue to provide a safe means of transportation for
residents of area by approved vehicles, properly insured with experienced,
qualified, courteous drivers
8. Number of vehicles to be operated by the applicant under this permit:
1 vehicle properly painted (white with red lettering) with proper signage
9. List the year, make and model and motor number of each vehicle to be used as
a taxi cab: 1995 FOR AEROSTAR VAN
VIN#1FMCA11 UXSA14452
10. Address of proposed depots and terminals: (Please indicate the zoning of each
address listed): 604 S. W. Park St Okeechobee, Florida - Business zoning
11. Color scheme or insignia to be used to designate vehicles of applicant (Include
picture or drawings): White vehicle with red lettering A-1 Taxi - 763 8393
12. List all persons who have an interest in this business: Ruth G. Krieg and
_Henry F. Krieg, III
-2-
13. Give the name, address and phone number of 3 residents of the City of
Okeechobee as references. Give length of acquaintance with each individual.
Nettie & Roberts Williams - 1954 S. W. 40 Dr..- Okeechobee, FI - 13 years
Ronnie Lawrence - 150 N. W. 102 St - Okeechobee, Ff. - 8 years
Willard Mays - Okeechobee, Ff. - 10 years
14. Give the name, address and phone number of all business connections or
employers within the last 6 years: Have owned and operated this business
for the oast 6 years Prior to that Ruth G. Krieg was a medical consultant
and medical practice administrator in south Florida for over twenty years and
Henry F. Krieg III was retired from senior management of Barnett Bank for
a period of over twenty years
15. Give all previous addresses within the last 5 years: 964 County Road 721
Lot 21, Lorida, Florida 33857
16. Location of main office: 604 S. W. Park St. - Suite 203 - Okeechobee Florida
Business zoning
17. Explain all driving citations applicant has received within the last 5 years:
None
18. Explain all accidents the applicant has been involved in within the last 5 years:
1994 - Taxi hit by another vehicle from the rear at intersection of N. W. 3 Ave
and 2 st. - Other driver sited for accident; 1999 taxi during heavy rain taxi
applied brakes and slid into another vehicle, their were no injuries, and no
tickets were issued.
19. Indicate hours and days of proposed operation of each location:
Taxi will be operation 7 days a week from 7.00 a.m. until 8.00 p.m., Mon
Tues. Wed. and Thurs.. Fri. St. & Sun. from 7:00 a.m. until 9:00 p.m.
20. Does applicant have liability insurance meeting the following minimum
requirements: X Yes No (must include proof).
a) For bodily injury to one person, $ 100,000.00
b) For bodily injuries to more than one person arising out of the same
accident or event, $ 300,000.00
c) Property damage, $ 50,000.00
City Attorneys Signature
-3-
APPLICANT'S STATEMENT
I certify that answers given herein are true and complete to the best of my
knowledge.
I authorize investigation of all statements contained in this application for a taxi cab
business permit.
,-1 - o
1
Applicant's Signature'� Date
FOR POLICE DEPARTMENT'S USE
This application for a taxi cab ermit was reviewed and a roved 1
pp or
disapproved on / , 2001.
4j:� cc Department Date
(Attach written "Inspection of Vehicle report")
FOR GENERAL SERVICES USE
This application for a taxi cab permit was approved disapproved
by the City Council on .2001.
This application expires on
General Services
2002.
Date
FOR FINANCE DEPARTMENT'S USE
An application fee of���. cx7 dollars and an , Y1UNDk( a of-`'
dollars
has been paid to the Department of Finance on this S day of , 2A0e, 0 00
Ainacc D pa ment
j(-ot
Date
•
• EXHIBIT 2 ^-
AUGUST 21 AGENDA
RESOLUTION NO. 01-8
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO ADOPT
A UNIFORM METHOD OF COLLECTING NON -AD VALOREM
ASSESSMENTS FOR SOLID WASTE COLLECTION; STATING INTENT
TO USE SUCH UNIFORM METHOD OF COLLECTION; STATING THE
NEED FOR SUCH ASSESSMENT; PROVIDING A LEGAL DESCRIPTION
FOR THE AFFECTED AREAS OF COLLECTION; AUTHORIZING SUCH
AGREEMENTS WITH THE PROPERTY APPRAISER AND TAX
COLLECTOR AS NECESSARY UNDER FLORIDA STATUTES 197.3632;
PERMITTING PAYMENT OF ACTUAL COSTS OF COLLECTION;
PROVIDING FOR PUBLICATION OF INTENT; PROVIDING FOR PUBLIC
HEARING AND COMMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS the City of Okeechobee Florida provides as part of its service to the public a
regular solid waste collection service, which service requires regular billing in order
to collect necessary revenues to support such service; and
WHEREAS the billing of such accounts has historically been a system of separate billings
for residential and commercial accounts, and the City presently pays for this service
through the Okeechobee Utility Authority, which co-ordinates billings with utility
customer accounts; and
WHEREAS the present system of billings does not accurately account for all customers
in the City using the mandatory collection service, which shortfall can affect the
rates charged to customers in the city, and which is otherwise an expensive billing
process to the taxpayers within Okeechobee; and
WHEREAS the City is authorized by Florida Statutes to elect to use a uniform method of
collection of fees/assessments through a non -ad valorem collection method which
is not based on millage and which can become a lien against a homestead as
permitted by the Florida Constitution; and
WHEREAS a non -ad valorem system of collection based upon the tax rolls of Okeechobee
County promises a more efficient, thorough and fair method of collection of solid
waste fees, to the benefit of the City of Okeechobee as a whole;
NOW, THEREFORE, be it resolved by the City of Okeechobee, Florida that:
1. The City of Okeechobee, Florida is authorized by Florida Statutes 197.3632
to create a uniform method for the levy, collection and enforcement of non -
ad valorem assessments.
2. That the City of Okeechobee, Florida has not in the past sought to create
such a method of collection, and by this resolution is the first time the City
has elected to use such a method, and this resolution may be adopted bythe
City at a public hearing held between the dates of June 1 and September 15,
2001.
3. In order to utilize this methodology of collection, the City shall enter into a
written agreement with the property appraiser and tax collector of
Okeechobee County providing for reimbursement of necessary
administrative costs incurred under this system of collection, and the actual
cost of collecting non -ad valorem assessments.
4. That it is the intent of the City of Okeechobee, Florida to use this uniform
method of collecting monthly sold waste collection fees by non -ad valorem
assessments billed to each municipal residential customer as reflected on
the tax rolls of Okeechobee County, Florida.
5. That the public hearing and notice of intent to adopt this resolution has been
published weekly in a newspaper of general circulation for four consecutive
weeks prior to the public hearing.
6. That the City of Okeechobee has, at least 20 days prior to this public hearing
to adopt this resolution, published notice of this public hearing in a
newspaper of general circulation, and also, by US Mail, sent to each person
owning property subject to the assessment, all necessary information as
required by Florida Statute 197.3632(4), including but not limited to each
property owner's right to file objections with the City Council to the adoption
of this resolution within 20 days of the notice.
7. That this resolution is needed and necessary in order for the City to utilize
a uniform, accurate and fair method of collecting solid waste fees from
customers within the City in a cost efficient manner.
8. That the legal descriptions of the boundary within which real property will be
subject to this non -ad valorem assessment is attached to this resolution as
an exhibit, and incorporated herein by reference.
9. That this non -ad valorem assessment is to be collected over a period of
more than one year, or is to be amortized over a number of years, so as to
preclude the requirement that the City of Okeechobee annually adopt the
non -ad valorem assessment roll.
10. Non -ad valorem assessments collected pursuant to this resolution shall be
subject to all collection provisions provided by law, including provisions
relating to discount for early payment, prepayment by installment method,
deferred payment, penalty to delinquent payments, and issuance and sale
of tax certificates and tax deeds for non-payment.
INTRODUCED, APPROVED AND RATIFIED this 21 sT day of Au ust, 2001
James E. Kirk, Mayor
ATTEST: 1, Bonnie S. Thomas, City Clerk for the City of Okeechobee, Florida, do hereby certify that
the foregoing resolution, proposed by the City Council for the City of Okeechobee, Florida,
was duly passed and adopted by majority vote of the City Council at regular meeting thereof
assembled this 211 day of August, 2001.
Bonnie S. Thomas, CMC, City Clerk
Approved for legal sufficiency:
John R. Cook, City Attorney
•
•
TAX COLLECTOR OF OKEECHOBEE COUNTY
307 Northwest 5th Ave. #B
Okeechobee, Florida 34972
CELESTE SMITH, TAX COLLECTOR
August 16, 2001
Okeechobee City Council
55 S.E. Third Avenue
Okeechobee, Florida 34974
Dear Sirs,
(863)763-3084
FAX (863) 763-2426
Due to a prior engagement I am sorry but I will be unable to attend your meeting
scheduled for August 21, 2001. I would like to address the City Council on the issue of
garbage collection being added to the tax bill. The Tax Collectors office would be glad to
collect the fee on the tax bills. To enable the citizens of Okeechobee to pay for the rising
cost of garbage collection, they would be able to sign up for a quarterly installment plan
for their 2002 taxes. To do this they must be signed up in our office no later than May 1,
2002.
As with any new endeavor, there will be a transitional period. My office will do
it's best to insure a smooth process for the City of Okeechobee. If you have any questions
please feel free to call and I also would be glad to meet with you individually.
Sincerely,
C � Z��
Celeste Smith, Tax Collector
Okeechobee County
iu.,.rou xor aamage from ltepubllcan who opposes it. we're going to put people in jail those GOP members on
alle one against Wilmington, Benlate -contaminated runoff. "If it gets to conference, this when they don t agree with a issue.
PUBLIC NOTICE - NON-AWUALOREM ASSESSMENT ProMion of Florida Statute 197.3632
The City Council of the City of Okeechobee, Florida is hereby announcing to its citizens its intent to levy a non -ad valorem assessment for solid waste collection by Resolution No. 01-8 at a PUBLIC HEARING set for August 21, 2001 at 6:00 P.M.
The proposed assessment will be collected by the Tax Collector of Okeechobee County, Florida All affected property owners in the City of Okeechobee have the right to appear at the PUBLIC HEARING for comment and the right to file written objections to the Office o
the City Clerk within 20 days of the first publication or July 16, 2001. The proposed assessment will be scheduled to Commence on January 1, 2002.
The intent of Resolution No. 01-8 is to use the uniform method of collecting this assessment on the non -ad valorem basis through the Office of the Tax Collector and Property Appraiser of Okeechobee County, Florida. Those citizens affected by this are property owner:
within the entire City Limits as shown on the map below:
Im
A Legal Description of the City of Okeechobee is described as follows: THAT A MUNICIPALITY to be called the City of Okeechobee is hereby established in the County of Okeechobee, the territorial boundaries of which shall be as follows: Beginning at the Northeast cor-
ner of the Northwest quarter of the Northeast quarter of Section 15 in Township 37 South, Range 35 East, and then run South to the Southeast comer of the Southwest quarter of the Southeast quarter of Section 22, Township 37 South, Range 35 East, then run West along
the section line dividing Sections 22 and 27 and 21 and 28, to the Southwest comer of Section 21, Township 37 South, Range 35 East, then run North along the section line dividing Sections 20 and 21 and 16 and 17 to the Northwest comer of Section 16 in Township 37 South,
Range 35 East, then run East along section line dividing Section 9 and 16 and 10 and 15 to Pant of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUTABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Northeast
corner of the Northeast quarter of Section 28 Township 37 South of Range 35 East and then run South to the Southeast comer of the Northeast quarter of Section 28, Township 37 South of Range 35 East, then run West to the Southwest corner of the Northeast quarter of
Section 28 Township 37 South of Range 35 East and then run North to the Northwest comer of the Northeast quarter of Section 28, Township 37 South of Range 35 East, and then run East to Point of Beginning; AND IN ADDITION TO THE BOUNDARIES SET OUTABOVE
THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Beginning at the Southeast comer of Section 9, Township 37 South, Range 35 East and bear North along the East line of said Section 9 a distance of 325.12 feet to the: South boundary of that prop-
erty described in Official Records Book 207, Page 177, Public Records of Okeechobee County, Florida; thence bear South 89'59'53' West along the South boundary of said property described in Ofical Records Book 207, Page 177, a distance of 351.67 feet to a point on tine
East right-of-way line of State Road 15 (alkla Parrot Avenue); thence bear South 00°00'07' West along said right-of-way line a distance of 301.12 feet; thence bear North 89°5243' East along said road right-of-way line a distance of 20.00 feet; then bear South 00,00'OT East
along said road right -of -way fine a distance of 24.69 feet to a point on the South line of said Section 9; thence bear North 89`5243' East along the South line of said Section 9 a distance of 331.66 feet to the Point of Beginning. ALSO: Beginning at the Southwest comer of
Section 10, Township 37 South, Range 35 East and bear North along the West line of said Section 10 a distance of 325.12 feet to a point on the South boundary of that property described in Official Records Book 207, Page 177; thence bear North 89'59'53' East a distance
of 448.33 feet along the South boundary of said property described in Official Records Book 207, Page 177; then bear South 00'00'OT East along the extension of the Fast boundary of said property described in Official Records of Book 207, Page 177, a distance of 321.60
feet to a point on the South line of said Section 10; thence bear South 89'32'54' West a distance of 448.36 feet to the Point of Beginning. Al Lying and being in Sections 9 and 10, Township 37 South, Range 35 East; adopted on June 6,1983 by Ordinance No. 486 recorded
in OR Book 284 Pages 372-373, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 6 and the South hat of Lot 5 of Block 44; Lots 14
through 16, inclusive of Block 45; Lots 11 through 16. inclusive of Block 52; Lots 1 through 6, inclusive of Block 53; Lots 1 through 6, inclusive of Block 68; Lots it through 16, inclusive of Block 69; Lots 11 through 16, inclusive of Block 76 and Lots 1 through 6, inclusive of
Block 77 all located in Conner's Highlands, as recorded in Plat Book 1, Page 21, Official Records of Okeechobee County; adopted on August 1, 1983 by Ordinance No. 489 recorded in OR Book 256 Page 991, Public Records of Okeechobee County Florida; AND IN ADDI-
TION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots 17 through 26, inclusive of Block 52 and Lots 1 through 10, inclusive of Block 69 all located in Conner's Highlands, as recorded in Plat Book 1,
Page 21 Official Records of Okeechobee County; adopted on December 10,1984 by Ordinance No. 526 recorded in OR Book 275 Page 1231, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUTABOVE THE FURTHER AND
ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lots i through 6, inclusive and 8 through 10, inclusive of Block 76; Lots 17 through 26, inclusive of Block 69 at located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee Canty;
adopted or November 19,1985 by Ordinance No. 563 recorded in OR Bak 280 Page 921, Public Records of Okeechobee Canty, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUTABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOL-
LOWS: Lots 1 through 10, inclusive of Block 52; and Lots 17 through 26, inclusive of Block 45 all located in Corner's Highlands, as recorded in Plat Bak 1, Page 21 Official Records of 0keechobee County; adopted on December 2, 1986 by Ordinance No. 583 recorded in
OR Book 283 Page 790, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDEDAS FOLLOWS: Parcel C: South one-half of Southwest one quarter of Northwest
one -quarter of Northwest one -quarter. Lying in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida; adopted on January 20,1987 by Ordinance No. 587 recorded in OR Boric 284 Page 374, Public Records of Okeechobee County, Florida; AND IN
ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: Lot 7 of Block 76 located in Conner's Highlands, as recorded in Plat Book 1, Page 21 Official Records of Okeechobee Canty; adopted on
September 5, 1989 by Ordinance No. 613 recorded in OR Book 307 Pages 220 221, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS:
PARCEL I - The Northwest one -quarter of the Northwest one -quarter of the Northeast one quarter; together with the Northeast one -quarter of the Northwest one -quarter Lying North and East of Taylor Creek; also the West 176 feet of the Northeast one -quarter of the Northwest
one -quarter of the Northeast one quarter, less Plat of the 2nd Addition of Okeechobee Estates, also less and except the following described parcel: Beginning at the Southeast comer of Lot No.14, Okeechobee Estates, according to replat of Lots 1 to 14 of Okeechobee Estates,
as recorded in Plat Book 3, Page 55, Public Records of Okeechobee County, Florida, thence run South 00`22'24' East for a distance of 55 feet, thence North 89'37'36' West a distance of 55 feet more or less to Taylor Creek, thence Northwesterly along the boundaries of
Taylor Creek to a point of an extended line parallel to the South line of herein described tract then South 89'37'36' East for a distance of 100 feet, more or less, to Point of Beginning. All being in Section 27, Township 37 South, Range 35 East, Okeechobee County, Florida.
Parcel V - Northeast quarter of Northeast quarter; East half of Northwest quarter of Northeast quarter less and except the West 176.00 feet of the Northeast quarter of the Northwest quarter of the Northeast quarter all being in Section 27, Township 37 South, Range 35 East;
adopted on October 3,1989 by Ordinance No. 616 recorded in OR Book 307 Pages 1405-1406, Public Records of Okeechobee County, Florida; AND IN ADDITION TO THE BOUNDARIES SET OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS
FOLLOWS: PARCEL VI - That part of the Southwest quarter of Northwest quarter of Northeast quarter Lying North and East of Taylor Creek; that part of the South hat of Northeast quarter Lying North and East of Taylor Creek; that part of the North had of Southeast quarter
Lying North of Taylor Creek, all being in Section 27, Township 37 South, Range 35 East; adopted on January 2, 1990 by Ordinance No. 622 recorded in OR Book 310 Page 480, Public Records of Okeechobee County Florida; AND IN ADDITION TO THE BOUNDARIES SET
OUT ABOVE THE FURTHER AND ADDITIONAL TERRITORY BOUNDED AS FOLLOWS: All that certain piece, parcel or tract of land situate, Lying and being in Sections 27 and 28, Township 37 South, Range 35 East, Okeechobee County, Florida, as shown on the original
Government Land Office (G.L.O.) Township Plat and as approved by the Surveyor General on September 29, 1903. All of which is more particularly banded and described as follows, to -wit: Commencing for reference at a found 5/S" iron rod with cap (stamped 'PLS 3372")
at the East quarter Section comer of said Section 28, Township 37 South, Range 35 East; Thence, bearing South 89'30'05" West along the South tine of the Northeast quarter of Section 28, Township 37 South, Range 35 East, a distance of 297.04 feet to set 7/8' iron rod with
aluminum alloy cap (stamped ECD PLS 5179) and the point and place of beginning of the herein described parcel; Thence, continuing along same, bearing South 89'30'05' West a distance of 62.29 feet to a set P.K. nail and disk (stamped lb 6221) on the East right-of-way
line of U.S.441, (alk/a State Road 15 and Parrot Avenue.100 feet wide right-of-way;Thence, leaving the South line of the Northeast quarter of Section 28, bearing North 00'10'23" West a" said East right-of-way line of U.S.441, a distance of 242.00 feet to the South line of
Block 51 First Addition to South Okeechobee, as recorded in Plat Book 1; Page 17, Okeechobee County, Florida; Thence, leaving the East right -of way line of U.S.441, bearing North 89'30'05" East along said South line of Block 51, a distance of 359.56 feet to a set 716' iron
rod with aluminum alloy cap (stamped ECD PLS 5179) on the East line of said Seclion 28; Thence, leaving the South line of Block 51, bearing North 00'07'12" West along said East line of Sector 28 and along the East line of said Block 51, a distance of 295.93 feet to aset
7/8' iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, leaving the East line of Section 28 and the East line of Block 51, bearing North 89'18'40' East a distance of 483.36 feet to a set 7/8' iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence,
bearing North 00'10'23' West a distance of 121.82 feet, to a set 718" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing North 89'18'40' East along the North line of South half of the Southwest quarter of the Northwest quarter of said Section 27 a
distance of 528.47 feet to a set 7/8' iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00'10'23' East along a line 1421.61 feet Fast of and parallel with the cenledine of the aforesaid U.S.441, a distance of 730.00 feet t4 a set 7/8" iron rod
with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 89'18'40' West a distance of 285.41 feet to a set 7/8' iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 18'29'43' East a distance of 234.56 feet to a set 7/8' iron rod
with aluminum alloy cap (stamped ECD PLS 5179); Thence, bearing South 00'10'23' East a distance of 173,72 feel to a set 4'x 4' concrete monument with aluminum alloy cap (stamped M.F. Lenz Co. LB 6221); Thence, bearing South 89'18'28" West along the North fine of
lands of City Markets Building, Inc. as recorded in Official Records Bak (O.R.B.) 205, Page 285 and Official Records Boric 201, Page 73, a distance of 1021.76 feet to a set 7/8' iron rod with aluminum alloy cap (stamped ECD PLS 5179), at the Southeast comer of those
lands of Louis R. Demicco as recorded in Official Records Book 200, Page 893 Public Records of Okeechobee County, Florida; Thence, leaving the North line of lands of City Markets Building, Inc., bearing North 00'07' 12" West along the Easterly line of those lands of Louis
R. Demicco, a distance of 424.40 feet to a set 718" iron rod with aluminum alloy cap (stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing South 89'30'05" West a distance of 35.00 feet to a set 718" ion rod with aluminum alloy cap
(stamped ECD PLS 5179); Thence, continuing along the lands of Louis R. Demicco, bearing North 43'44'23" West a distance of 59.98 feet to the point and place of beginning; The above described premises contain an area of 1,182,298.90 square feel or 27.14 acres. Subject I
to at Easements, Conditions and Restrictions as contained within the Chain of Title; adopted on March 17,1998 by Ordinance No. 710 recorded in OR Book 403 Pages 1627-1631, Public Records of Okeechobee County, Florida. CONSISTING OF APPROXIMATELY 2651.649
ACRES, MORE OR LESS. (TOTAL AREA IN ACREAGE OF THE CITY OF OKEECHOBEE AS HEREIN DESCRIBED AS OF THE DATE OF THE LAST ANNEXATION ON MARCH171998 SFT 01IT AROM
•
EXHIBIT 3 ^-
AUGUST 21 AGENDA
ORDINANCE NO. 775
AN ORDINANCE GRANTING A FRAN
L.P. TELEST.. + .. : I N<: I . IT:[ I t ;fit 1 "TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION
SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY);
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE
FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE
SYSTEM; AND PRESCRIBING PENALTIES FORTHEVIOLATION OFTHE
PROVISIONS OF THIS ORDINANCE.
PREAMBLE
The City does ordain that it is in the public interest to permit the use of public rights -of -way
and easements for the construction, maintenance, and operation of a Cable Television
System under the terms of this Franchise; said public purpose being specifically the
enhancement of communications within the City, the expansion of communications
opportunities outside the City, and the provision of programming of a truly local interest.
SECTION 1. STATEMENT OF INTENT AND PURPOSE.
1.01 Statement of Intent and Purpose. The City intends, by the adoption of this
Franchise, to bring about the development and operation of a Cable System.
This development can contribute significantly to the communications needs
and desires of many individuals, associations, and institutions.
SECTION 2. SHORT TITLE
This ordinance shall be known and cited as the "Okeechobee Cable Television
Franchise Ordinance". Within this document it shall also be referred to as "this
Franchise" or "the Franchise."
SECTION 3. DEFINITIONS
For the purpose of this Franchise, the following terms, phrases, words, and their
derivations shall have the meanings given herein. When not inconsistent with the
context, words used in the present tense include the future tense, words in the
plural number include the singular number, and words in the singular number
include the plural number. The words "shall" and "will' are mandatory and "may"
is permissive. Words not defined shall be given their common and ordinary
meaning.
3.01 "Basic Service" means a group or groups of cable services distributed over
the cable system consisting of any service tier which includes the
retransmission of local television broadcast signals.
3.02 "Communications Act" means the Communications Act of 1934 (codified at
47 U.S.C. §§151 et seq.) and any amendments thereto.
3.03 "Cable System" or "System" means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception and control
equipment that is designed to provide cable television service which
includes video programming and which is provided to multiple subscribers
within the City, 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 crosses or uses any public right-of-way, including
streets or easements; (C) a facility of a common carrier which is subject, in
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whole or in part, to the provisions of Title II of the Communications Act,
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.
3.04 "Cable Service" means: (i) the one-way transmission to subscribers of video
programming or other programming service; and (ii) subscriber interaction,
if any, which is required for the selection or use of such video programming
or other programming service.
3.05 "Channel" means a band of frequencies in the electromagnetic spectrum, or
any other means of transmission (including, without limitation, optical fibers
or any other means now available or that may become available), which is
capable of carrying a video signal, an audio signal, a voice signal, or a data
signal.
3.06 "C y" means the City of Okeechobee or, as appropriate in the case of
specific provisions of this Franchise, any board, bureau, authority, agency,
commission, department of, or any other entity of or acting on behalf of, the
City of Okeechobee, or any officer, official, employee, or agent thereof, the
designee of any of the foregoing, or any successor thereto.
3.07 "City Council" means the governing body of the City.
3.08 "Complaint" means any written inquiry, allegation or assertion made by a
subscriber which raises an objection to the business practices of Grantee.
The term "complaint" does not include an inquiry which is immediately
answered by the Grantee.
3.09 "Converter" means an electronic device with an appropriate channel selector
that permits a subscriber to view all signals included in the standard service
(as that term is defined by Grantee) delivered at designated converter dial
locations.
3.10 "Drop" means the cable that connects the subscriber terminal at a point in
the subscriber's home, designated by the subscriber, to the nearest feeder
cable of the system.
3.11 "EG" Means educational and governmental access channel and facilities,
which are specifically dedicated to non-commercial programming provided
by governmental or educational organizations as authorized by the City
Council.
3.12 "FCC" means the Federal Communications Commission, its designee, or any
successor thereto.
3.13 "Grantee" means Telesat Acquisition Limited Partnership d/b/a Adelphia
Cable Communications, whose principal place of business is located at Main
at Water Street, Coudersport, Pennsylvania 16915-1141 and its lawful
successors and assigns.
3.14 "Gross Revenues" means all subscriber revenues derived from the operation
of Grantee'F cable system to provide cable television service, including
monthly fees charged to subscribers for any optional service; pay television
fees; pay-pe r-view fees; FM service fees; commercial fees; premium service
fees; ala carte per channel fees; monthly fees charged to subscribers for any
tier of service other than basic service; installation, disconnection, and
reconnection fees; and converter rentals, to include, but not limited to
remote amplifiers, on line service adjusted for bad debt. Gross revenues
shall not include any taxes collected by Adelphia which are imposed upon
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Adelphia or upon any subscriber or user by the Federal Government or its
subdivisions, the State of Florida or its subdivisions, or the City or other
governmental unit. Gross revenues shall be the basis for computing the
franchise fee payment.
3.15 "Installation" means the act of connecting the system from the feeder cable
to the subscriber terminal so that cable television service may be received
by the subscriber.
3.16 "Pay Television" means the delivery over the system of per -channel or
per -program audio-visual signals to subscribersfor a separatefee or charge.
3.17 "Leased Channel' shall mean the channels available for commercial use
pursuant to the requirements of Section 612 of the Communication Act.
3.18 "Person" means any natural person or any association, firm, partnership,
joint venture, corporation, or other legally recognized entity, whether
for -profit or not -for -profit.
3.19 "Public Property" means any real property, other than a street, owned by any
governmental unit.
3.20 "Service" means any cable service, including any basic service, which is
distributed over the cable system.
3.21 "Signal" means any transmission of radio frequency energy or of optical
information.
3.22 "Street" means the surface of and the space above and below any public
street, public road, public highway, public freeway, public lane, public path,
public way, public alley, public court, public sidewalk, public boulevard,
public parkway, public drive or any public easement or right-of-way now or
hereafter held by the City which shall entitle Grantee to the use thereof for
the purpose of installing or transmitting over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
attachments and other property as may be ordinarily necessary and
pertinent to a system.
3.23 "Subscriber" means any person or entity who lawfully subscribes to any
cable service whether or not a fee is paid for such service.
3.24 "System Upgrade" means the process by which the system shall be
upgraded pursuant to Section 5.01 herein.
3.25 "Two -Way System" means that the headend, trunk cables, distribution plant,
amplifiers, and other technical components of the system have the capability
to pass video, audio, voice, and/or data signals in both directions
simultaneously.
SECTION 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS.
4.01 Grant of Franchise. This Franchise is granted pursuant to the terms and
conditions contained herein. Such terms and conditions shall be subject to
all applicable provisions of state and federal laws, rules, and regulations.
4.02 Authority for Use of Streets.
A. For the purpose of constructing, operating, and maintaining a cable
system in the City, Grantee may erect, install, construct, repair,
replace, relocate, reconstruct and retain in, on, over, under, upon,
across and along the streets within the City such lines, cables,
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conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
pedestals, attachments and other property and equipment as are
necessary and appurtenant to the operation of the system and the
provision of cable and other communication and data services,
provided that all applicable permits are applied for and granted, all
fees paid and all other City codes and ordinances are otherwise
complied with.
B. Grantee shall construct and maintain the System so as notto interfere
with other uses of streets. Grantee shall endeavor to make use of
existing poles and otherfacilities availableto Grantee where feasible.
Grantee shall publicize proposed construction work prior to
commencement of that work. Except in cases of an emergency,
Grantee shall notify all residents affected by proposed underground
work not less than forty-eight (48) hours prior to commencement of
that work. Such notice shall include the Grantee's telephone number
and the department to call regarding questions about the
construction.
C. Notwithstanding the above grant to use the streets, no street shall be
used by Grantee if the City reasonably determines that such use is
inconsistent with the terms, conditions or provisions by which such
street was created or dedicated or is presently used.
4.03 Nature of Franchise. Upon acceptance, the Grantee's nonexclusive
franchise for the occupation and use of the streets within the City for the
construction, operation, maintenance, upgrade, repair, and removal of the
system in accordance with the provisions of this Franchise shall be deemed
to have been renewed.
4.04 Franchise Term. This Franchise shall commence upon acceptance by
Grantee as defined herein and shall be in full force and effect for a period of
fifteen (15) years, unless renewed, revoked or terminated sooner as herein
provided.
4.05 Area Covered. This Franchise is granted for the territorial boundary of the
City. In the event of annexation by the City, Grantee shall use every
reasonable effort in its best business judgment to provide service to the new
territory so long as the new territory: 1) has a density of at least twenty (20)
homes (excluding homes subscribing to direct satellite services) per linear
strand mile of cable as measured from existing cable system plant; and, 2)
is not being served by a cable television system operator other than Grantee
or its affiliates, an open video system or a satellite master antenna television
system.
4.06 Police Powers. Grantee's rights are subject to the police powers of the City
to adopt and enforce ordinances necessary to the health, safety and welfare
of the public. Grantee shall comply with all applicable general laws and
ordinances enacted by the City pursuant to that power.
4.07 Use of Grantee Facilities. The City shall have the right to install and
maintain, free of charge, upon the poles and within the underground pipes
and conduits of Grantee, any wires and fixtures desired by the City to the
extent that such installation and maintenance does not interfere with existing
and future operations of Grantee and provided such wires and fixtures are
not used to deliver cable services or data transmissions to the subscribers
within the City.
4.08 Written Notice. All notices, reports or demands required to be given in
writing under this Franchise shall be deemed to be given when delivered
personally to the person designated below, or when five (5) days have
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elapsed after it is deposited in the United States mail in a sealed envelope,
with registered or certified mail postage prepaid thereon, or on the next
business day if sent by express mail or overnight air courier addressed to
the party to which notice is being given, as follows:
If to City: City of Okeechobee
Office of the City Attorney
55 Southeast 3'd Avenue
Okeechobee, Florida 34974
Attn: City Attorney
If to Grantee: Adelphia
2001 W. Blue Heron Blvd
Riviera Beach, Florida 33404
Attn: General Manager
With a copy to: Legal Department
Adelphia Communications Corporation
Main at Water Street
Coudersport, Pennsylvania 16915-1141
Such addresses and phone numbers may be changed by either party upon
notice to the other party given as provided in this section.
4.09 Franchise Non -Exclusive. The Franchise granted herein is non-exclusive.
However, no multi -channel video service provider shall have the right to
provide any service upon terms more favorable or less burdensome than
those applicable to the provision of such service by the Grantee.
SECTION 5. DESIGN PROVISIONS.
5.01 System Design.
A. Franchisee shall rebuild its cable system to a capacity of 750 MHZ.
The system shall be two-way capable and designed to support both
analog and digital transmission. The rebuild shall be completed
within three (3) years following the effective date of this Franchise.
Upon the completion of the rebuild, the Franchisee's cable system
shall be placed only in public rights -of -way or on private property
where a duly authorized easement has been obtained prior to
construction on the property. Notwithstanding the foregoing, the
Grantee shall be excused from the timely performance of its
obligation to begin and complete any system upgrade within the times
specified herein, where such delay results from the failure or delay by
the City, Okeechobee County, any other regulatory authority, any
railroad or common carrier, any electric utility, or any
telecommunications carrier or local exchange carrier, to issue any
permits, approvals, licenses or permissions, or to perform required
make ready work, upon a timely request submitted by the Grantee or
its contractor representative accompanied by the tender of any
required permit fee.
.....................
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B. Grantee shall 0000io make available to the City for inspection, a full
description of the system proposed for construction and shall, upon
completion of any system upgrade, make available to the City, in
written and in computerform, "as -built" maps for the entire system, as
upgraded, to the extent such maps have not been previously provided
to the City.
C. Grantee agrees to comply with each of the terms set forth in this
Section 5.01 to this Franchise governing construction and technical
Page 5 of 19
requirements for any upgrade of the System, in addition to any other
requirements or procedures reasonably specified by the City and
consistent with this Franchise.
5.02 Interconnection.
A. The System shall be designed so that it may be interconnected with
other cable systems.
B. The City may request Grantee to negotiate interconnecting the
System with other adjacent systems in the general area. The City
shall pay for the cost of such interconnection.
5.03 Provision of Service.
A. After cable service has been established by activating trunk and
distribution cable for any area, Grantee shall provide cable service to
any household requesting cable service within that area seven (7)
days from the date of request.
B. Grantee agrees to provide basic cable service (one drop), without
charge, t.o each public school, library, and City facility located within
one hundred fifty (150) feet of Adelphia's
distribution plant, as well as any such facility that may be constructed
or opened within the City during the term of this Franchise.
5.04 Technical Standards. The system shall be designed, constructed and
operated so as to meet those technical standards promulgated by the
Federal Communications Commission relating to cable systems contained
in subpart K of part 76 of the Federal Communications Commission's rules
and regulations as may, from time to time, be amended.
5.05 Special Testing. The Grantee shall only be required to conduct such tests
as required by the Federal Communications Commission. No other testing
shall be required of Grantee. The City shall be free to conduct its own testing
as it deems is warranted, and at its own expense, but such testing shall have
no bearing on Grantee's status as franchisee unless such test requirements
are no longer preempted by the Federal Communications Commission.
5.06 Signal Quality. The system shall produce a picture that is consistent with
Federal Communications Commission and NTSC standards.
SECTION 6. SERVICE PROVISIONS.
6.01 FM Stereo Service. Grantee may, at its discretion offer FM stereo service.
6.02 Programming Decisions. All programming decisions shall be at the sole
discretion of Grantee.
6.03 Emergency Alert System. Grantee shall install an Emergency Alert System
(EAS) in compliance with part 11 of the FCC's regulations. This EAS may
be activated by the City in the event of a local emergency in compliance with
the requirements of part 11.
6.04 Access Channels.
A. The Grantee shall make available upon request for use by the City,
without charge, one (1) activated channel for non-commercial
governmental
rn e
m ntal ro ram min
g€rn� and non-commercial educational programming Once
the 1 access channel refereed to above is "sufficiently utilized"
Page 6 of 19
Adelphia will upon request of the City activate one additional channel.
"Sufficiently Utilized" will be deemed to exist when the first channel is
in use in the City showing first run NTSC video programming seventy
five (75%) percent of the cablecast week for any six (6) week
consecutive time frame given an eight (8) hour per day, seven (7) day
per week cablecast schedule.
B. The Grantee may use the access channel required in paragraph Afor
any programming during those hours when the channel is not in use
by the general public, local educational authorities or local
government.
C. No charges may be made for channel time or playback of locally
produced live or pre-recorded programming on the access channel
required in paragraph A.
D. The Guantee may establish rules pertaining to the administration of
the access channel required in paragraph A.
E. Adelphia hereby agrees to provide the City upon request a one time
financial grant in the amount of Five Thousand ($5,000.00) Dollars to
assist in the purchase of equipment for the production of the
programming referred to in paragraph (A).
F. The City acknowledges that under FCC rules certain external costs
including the PEG Access costs described herein are eligible for pass
through to subscribers as basic service rate increases and itemization
on the bill The City agrees that it will not challenge either the
method or length of amortization for any such capital grants or
operational costs that Adelphia seeks to pass through consistent with
FCC rules.
SECTION 7. CONSTRUCTION PROVISIONS.
7.01 Construction Standards.
A. All construction practices shall be in accordance with all applicable
sections of the Occupational Safety and Health Act of 1970, as
amended, as well as all state and local codes where applicable.
B. All installation of electronic equipment shall be of a permanent nature,
durable and installed in accordance with the provisions of the
National Electrical and Safety Code and National Electrical Code as
amended.
C. Antennas and their supporting structures (tower) shall be painted,
lighted, erected and maintained in accordance with all applicable
rules and regulations of the Federal Aviation Administration and all
other applicable state or local laws, codes and regulations.
D. All of Grantee's plant and equipment, including, but not limited to, the
antenna site, headend and distribution system, towers, house
connections, structures, poles, wire, cable coaxial cable, fixtures and
appurtenances shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices, performed by
experienced maintenance and construction personnel so as not to
endanger or interfere with improvements the City may deem
appropriate to make or to interfere in any manner with the rights of
any property owner, or to unnecessarily hinder or obstruct pedestrian
or vehicular traffic.
Page 7 of 19
E. Grantee shall at all times employ ordinary care and shall install and
maintain in use commonly accepted methods and devices preventing
failures and accidents which are likely to cause damage, injury or
nuisance to the public.
7.02 Construction Codes and Permits.
A. Grantee shall obtain all required permits from the City before
commencing any work requiring a permit, including the opening or
disturbance of any street, or public property or public easement within
the City. Grantee shall strictly adhere to all building and zoning
codes currently or hereafter applicable to construction, operation or
maintenance of the system in the City.
B. The City shall have the right to inspect all construction or installation
work performed pursuant to the provisions of this Franchise and to
make such tests (at its own expense) as it shall find necessary to
ensure compliance with the terms of the Franchise and applicable
provisions of local, state and federal law.
7.03 Repair of Streets and Property. Any and all streets or public property or
private property, which are disturbed or damaged during the construction,
repair, replacement, relocation, operation, maintenance or reconstruction of
the system shall be promptly repaired by Grantee, at its expense, to a
condition as good as that prevailing prior to Grantee's construction.
7.04 Use of Existing Poles. Grantee shall not erect, for any reason, any pole on
or along any street in an existing aerial utility system without the advance
written approval of the City. Grantee shall exercise its best efforts to
negotiate the lease of pole space and facilities from the existing pole owners
for all aerial construction.
7.05 Undergrounding of Cable. Cable shall be installed underground at
Grantee's expense where both the existing telephone and electrical utilities
are already underground. Grantee shall place cable underground in newly
platted areas in concert with both the telephone and electrical utilities. In the
event that telephone or electric utilities are reimbursed by the City or any
agency thereof for the placement of cable underground or the movement of
cable, Grantee shall be reimbursed upon the same terms and conditions as
the telephone or electric utilities.
7.06 Reservation of Street Rights.
A. Nothing in this Franchise shall be construed to prevent the City from
constructing, maintaining, repairing or relocating sewers; grading,
paving, maintaining, repairing, relocating and/or altering any street;
constructing, laying down, repairing, maintaining or relocating any
water mains; or constructing, maintaining, relocating, or repairing any
sidewalk or other public work.
B. All such work shall be done, insofar as practicable, in such a manner
as not to obstruct, injure or prevent the free use and operation of the
poles, wires, conduits, conductors, pipes or appurtenances of
Grantee.
C. If any such property of Grantee shall interfere with the construction or
relocation, maintenance or repair of any street or public improvement,
whether it be construction, repair, maintenance, removal or relocation
of a sewer, public sidewalk, or water main, street or any other public
improvement, thirty (30) days notice shall be given to Grantee by the
City and all such poles, wires, conduits or other appliances and
Page 8 of 19
facilities shall be removed or replaced by Grantee in such manner as
shall be directed by the City so that the same shall not interfere with
the said public work of the City, as determined by the City, and such
removal or replacement shall be at the expense of Grantee herein.
Should, however, any utility company be reimbursed for relocation of
its facilities as part of the same work that requires Grantee to remove
its facilities, Grantee shall be reimbursed upon the same terms and
conditions as utilities.
D. Nothing contained in this Franchise shall relieve any person from
liability arising out of the failure to exercise reasonable care to avoid
injuring Grantee's facilities while performing any work connected with
grading, regarding, or changing the line of any street or public place
or with the construction or reconstruction of any sewer or water
system.
7.07 Trimming of Trees. Grantee shall have the authority to trim trees upon and
hanging over streets, alleys, sidewalks, and public places of the City so as
to prevent the branches of such trees from coming in contact with the wires
and cables of Grantee; provided, however, all trimming shall be done, at the
expense of Grantee, under the supervision and direction of the City.
7.08 Movement of Facilities. In the event it is necessary temporarily to move or
remove any of Grantee's wires, cables, poles, or other facilities placed
pursuant to this Franchise, in order to lawfully move a large object, vehicle,
building or other structure over the streets of the City, upon two (2) weeks
notice by the City to Grantee, Grantee shall move, at the expense of the
person requesting the temporary removal, such of his facilities as may be
required to facilitate such movements. Any service disruption provisions of
this Franchise shall not apply in the event that the removal of Grantee's
wires, cables, poles or other facilities results in temporary service
disruptions.
SECTION 8. OPERATION AND REPORTING PROVISIONS.
8.01 Communications with Regulatory Agencies. Copies of all petitions,
applications, communications and reports submitted by Grantee or on behalf
of or relating to Grantee to the FCC, Securities and Exchange Commission
or any other federal or state regulatory commission or agency having
jurisdiction with respect to any matters affecting the system authorized
pursuant to this Franchise shall be available for City inspection upon
request. Copies of responses from the regulatory agencies to Grantee shall
likewise be made available upon request.
8.02 Annual Report. On or before April 1, Grantee shall file with the City a copy
of the annual report of its parent company.
8.03 Maps. Grantee shall maintain on file with the City at all times a current
strand map or set of maps drawn to scale showing the location of system.
SECTION 9. CONSUMER PROTECTION PROVISIONS.
9.01 Approval of Changes.
A. Grantee shall maintain on file with the City at all times a current
schedule of all rates and charges.
B. Not less than thirty (30) days prior to the effective date of any change
in any fee, charge, deposit, term or condition set forth in this
Franchise (or such shorter period as may, upon a showing of good
Page 9 of 19
cause, be approved by the City), the Grantee shall: (i) submit a
revised schedule to the City, and (ii) provide written notice of the
proposed change to each affected subscriber and other person
utilizing the affected service.
9.02 Non -Regulated Rates. Prior to implementing any rate increase for cable
service not requiring the City approval, Grantee shall give the following
notice:
A. At least thirty (30) days advance written notice to the City; and
B. At least thirty (30) days advance written notice to subscribers of said
service.
9.03 Charges for Disconnection or Down -grading of Service.
A. Grantee may impose a charge reasonably related to the cost incurred
for a downgrade of service, except that no such charge may be
imposed when:
1. A subscriber requests total disconnection from the system; or
2. A subscriber requests the downgrade within a thirty (30) day
period following any rate increase relative to the service in
question.
B. If a subscriber requests disconnection from service prior to the
effective date of an increase in rates, the subscriber shall not be
charged the increased rate if Grantee fails to disconnect service prior
to the effective date. Any subscriber who has paid in advance for the
next billing period and who requests disconnection from service shall
receive a prorated refund of any amounts paid in advance.
9.04 Subscriber Complaint Practices.
A. Grantee shall maintain an office which shall be open during normal
business hours. Grantee shall maintain a publicly -listed toll -free
telephone number. At least ninety percent (90%) of the time
measured on an annual basis and under normal operating
conditions, Grantee shall connect a telephone caller to a live service
representative staff member within thirty (30) seconds, six (6) days
per week, at least during the hours of 7:30 a.m. to 7:00 p.m.
B. 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, in Grantee's best
business judgment, shall be preceded by notice and shall occur
during periods of minimum use of the system. A written log available
for City inspection shall be maintained for all service outages
affecting three or more subscribers.
C. Grantee shall maintain adequate telephone lines and personnel to
respond in a timely manner to schedule service calls and answer
subscriber complaints or inquiries as required by this Section 9.04.
9.05 Installation. Subscribers who will request installation or maintenance or
repairs shall be given the schedule option of morning, afternoon, or Saturday
appointments. Persons requesting installation of cable service shall be
afforded a right of rescission during the time between the cable service is
requested and the time cable service is actually installed. All new
installations, reconnects, service upgrades or downgrades shall be
Page 10 of 19
performed within seven (7) working days of the date the order was placed by
the subscriber or at such later time as is requested by the subscriber.
9.06 Subscriber Information. Grantee shall provide to the City, and to all new
subscribers written subscriber service information which shall include, but
not be limited to, the following:
1. The procedure for investigation and resolution of subscriber service
complaints, including the telephone number and contact person with
the City who may assist in the resolution of complaints;
2. Programming services, rates, and charges for all services;
3. Billing practices as required by Section 9.07 hereof;
4. A/B switch, if required by FCC rules;
5. Service termination procedures;
6. Change in service procedures;
7. Refund policy;
8. Office hours; and
9. Converter/VCR hookup information and use instructions.
9.07 Subscriber Billing Practices.
A. Grantee shall notify each of its subscribers, through the written
service information, of its billing practices. The service information
shall describe Grantee's billing practices including, but not limited to,
the following: frequency of billing, time periods upon which billing is
based, advance billing practices, security deposit requirements,
charges for late payments or returned checks, payments required
necessary to avoid account delinquency, availability of credits for
service outages, procedures to be followed to request service
deletions including the notice period a subscriber must give to avoid
liability for such services, and procedures to be followed in the event
of a billing dispute.
B. Grantee shall notify all affected subscribers not less than thirty (30)
days prior to any change in the billing practices and such notice shall
include a description of the changed practice.
C. The subscriber bill shall contain the following information presented
in plain language and format:
1. Name and address of Grantee;
2. The period of time over which each chargeable service is
billed including prorated periods as a result of the
establishment and termination of service;
3. Each rate of charge levied;
4. The amount of the bill for the current billing period, separate
from any balance;
5. Grantee's telephone number and a statement that the
subscriber may call this number with any questions or
complaints about the bill; and
6. The date on which payment is due from the subscriber.
D. The account of a subscriber shall not be considered delinquent until
at least thirty (30) days have elapsed from the due date of the bill,
which date shall be specified. The following provisions shall apply to
the imposition of late charges on subscribers:
1. Grantee shall not impose a late charge on a subscriber unless
a subscriber is delinquent, Grantee has given the subscriber
written notice of the delinquency in a clear and conspicuous
manner, and the subscriber has been given at least eight (8)
Page 11 of 19
business days from the mailing of the notice to pay the
balance due.
2. A charge of not more than Fifteen Dollars ($15.00) may be
imposed as a one time late charge.
3. No late charge may be assessed on the amount of a bill in
dispute where subscriber has notified company of the dispute
within 30 days of receipt of original bill.
4. Any charge for returned checks shall be reasonably related to
the costs incurred by Grantee in processing such checks.
5. Any collection fee for funds collected at the subscribers
residence upon service disconnection shall not be considered
a late fee.
9.08 Parental Control Option. Grantee shall provide parental control devices to
all subscribers who wish to be able to cut out any objectionable channel(s)
of programming from the cable service entering the subscriber's home.
SECTION 10. GENERAL FINANCIAL AND INSURANCE PROVISIONS.
10.01 Payment to City.
A. Grantee shall pay to the City a franchise fee equal to five percent of
the Grantee's gross revenues.
B. Payments due the City under this provision shall be computed at the
end of each quarter year for that quarter year. Payments shall be due
and payable for each quarter or a portion of a quarter year on June
1 for the first quarter, September 1 for the second quarter, December
1 for the third quarter and March 15 for the fourth quarter. Each
payment shall be accompanied by a brief report showing the basis for
the computation.
10.02 Violations of Franchise.
A. Whenever the City finds that Grantee has allegedly violated one (1)
or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in
reasonable detail the alleged violation so as to afford Grantee an
opportunity to remedy the violation. Grantee shall have thirty (30)
days subsequent to receipt of the notice in which to either correct the
violation or, if the violation cannot be corrected within the thirty (30)
day period, to have commenced and be diligently pursuing corrective
action. Grantee may, within ten (10) business days of receipt of
notice, notify the City that there is a dispute as to whether a violation
or failure has, in fact, occurred. Such notice by Grantee to the City
shall specify with particularity the matters disputed by Grantee and
shall stay the running of the above -described time.
1. The City shall hear Grantee's dispute at a regularly or
specially scheduled meeting. Grantee shall have the right to
subpoena and cross-examine witnesses. The City shall
determine if Grantee has committed a violation and shall make
written findings of fact relative to its determination. If a
violation is found, Grantee may petition for reconsideration.
2. If after hearing the dispute the claim is upheld by the City,
Grantee shall have ten (10) business days from such a
determination to remedy the violation or failure.
B. The time for Grantee to correct any alleged violation may be
extended by the City if the necessary action to correct the alleged
violation is of such a nature or character to require more than thirty
Page 12 of 19
• 0
(30) days within which to perform provided Grantee commences the
corrective action within the thirty (30) day period and thereafter uses
reasonable diligence to correct the violation.
10.03 Damages and Defense.
A. Grantee shall indemnify, defend, and hold harmless the City for all
damages and penalties, at all times during the term of this Franchise,
as a result of Grantee's operation of the System. These damages
and penalties shall include, but shall not be limited to, damages
arising out of personal injury, property damage, copyright
infringement, defamation, antitrust, errors and omission, theft, fire,
and all other damages arising out of Grantee's operation of the
system. Such indemnification shall include, but not be limited to,
reasonable attorneys' fees and costs.
B. In order for the City to assert its rights to be indemnified, defended,
or held harmless, the City must:
1. Promptly notify Grantee of any claim or legal proceeding which
gives rise to such right;
2. Afford Grantee the opportunity to participate in and fully
control any compromise, settlement or other resolution or
disposition of such claim or proceeding; unless, however, the
City, in its sole discretion, determines that its interests cannot
be represented in good faith by Grantee in which case the
grantee shall be excused from any further obligation to
indemnify the City; and
3. Fully cooperate with the reasonable requests of Grantee, at
Grantee's expense, in its participation in, and control,
compromise, settlement or resolution or other disposition of
such claim or proceeding subject to paragraph (2) above.
4. Not be negligent with respect to the matter in controversy.
10.04 Liability Insurance.
A. Grantee shall maintain, throughout the term of the Franchise, liability
insurance insuring Grantee and the City with regard to all damages
mentioned in paragraph A of Section 10.03 hereof, in the minimum
amounts of:
1. One Million Dollars ($1,000,000.00) for bodily injury or death
to any one (1) Person;
2. Three Million Dollars ($3,000,000.00) for bodily injury or death
resulting from any one accident;
3. Three Million Dollars ($3,000,000.00) for all other types of
liability.
B. At the time of acceptance, Grantee shall furnish to the City a
certificate evidencing that a satisfactory insurance policy has been
obtained. Such insurance policy shall require that the City be notified
thirty (30) days prior to any expiration or cancellation.
C. As a guarantee of performance the Company shall furnish a bond in
the sum of five ($5,000.00) Dollars which shall remain in full force
and effect throughout the term of the franchise agreement to
guarantee the payment of all sums which may become due to the city
for work performed for the benefit of the company under this franchise
agreement by any of its provisions and such bond shall guarantee to
the city the performance by the company of all provisions of this
franchise agreement and all laws rules and regulations herein
Page 13 of 19
0 •
permitted to be 'adopted and enforced upon acceptance of the
franchise by the Company.
10.05 City's Right to Revoke. In addition to all other rights which the City has
pursuant to law or equity, the City reserves the right to revoke, terminate or
cancel this Nhchise, and all rights and privileges pertaining thereto, in the
event that . t
A. Grantee materially breaches this Franchise; or
B. Grantee is adjudicated guilty by a court of competent jurisdiction of
practicing fraud or deceit upon the City or any subscriber; or
C. Grantee becomes insolvent, unable or unwilling to pay its debts, or is
adjudged as bankrupt and the grantees creditors or Trustee in
Bankruptcy do not agree to fulfill and be bound by all requirements of
this Franchise upon request by the City; or
D. Grantee misrepresents a material fact in the application for or
negotiation of, or renegotiating of, or renewal of, the Franchise and
such misrepresentation was relied upon by the City to its detriment in
granting this Franchise renewal.
10.06 Revocation Procedures. In the event that the City determines that Grantee
has violated any material provision of the Franchise, or any material
applicable federal, state or local law, the City may make a written demand
on Grantee that it remedy such violation and that continued violation may be
cause for revocation. If the violation, breach, failure, refusal, or neglect is
not remedied within thirty (30) days following such demand or such other
period as is reasonable, the City shall determine whether or not such
violation, breach, failure, refusal or neglect by Grantee is due to acts of God
or other causes which result from circumstances beyond Grantee's control.
Such determination shall not unreasonably be withheld.
A. A public hearing shall be held and Grantee shall be provided with an
opportunity to be heard upon fourteen- (14) days written notice to
Grantee of the time and the place of the hearing. The causes for
pending revocation and the reasons alleged to constitute such cause
shall be recited in the notice. Said notice shall affirmatively recite the
causes that need to be shown by the City to support a revocation.
B. If notice is given and, at Grantee's option, after a full public
proceeding is held, the City determines there is a violation, breach,
failure, refusal or neglect by Grantee, the City shall direct Grantee to
correct or remedy the same within such reasonable additional time,
in such manner and upon such reasonable terms and conditions as
City may direct.
C. If after a public hearing it is determined that Grantee's performance
of any of the terms, conditions, obligations, or requirements of
Franchise was prevented or impaired due to any cause beyond its
reasonable control or not reasonably foreseeable, such inability to
perform shall be deemed to be excused and no penalties or sanctions
shall be imposed as a result thereof, provided Grantee has notified
City in writing within thirty (30) days of its discovery of the occurrence
of such an event. Such causes beyond Grantee's reasonable control
or not reasonably foreseeable shall include, but shall not be limited
to, acts of God, civil emergencies and labor strikes.
D. If, after notice is given and, at Grantee's option, a full public
proceeding is held, the City determines there was a violation, breach,
Page 14 of 19
0 •
failure, refusal or neglect, then the City may declare, by resolution,
the Franchise'.revoked and cancelled and of no further force and
effect unless.there is compliance within such period as City may fix,
such period',not to be less than thirty (30) days.
'A
E. The issue ofxevocation shall automatically be placed upon the City
Council agenda at the expiration of the time set by it for compliance.
The City then -may terminate Franchise forthwith upon finding that
Grantee has failed to achieve compliance or may further extend the
period, in its discretion.
F. If the City, after notice is given and, at Grantee's option, a full public
proceeding is held and appeal is exhausted, declares the Franchise
breached, the parties may pursue their remedies pursuant to
Franchise or any other remedy, legal or equitable. Grantee may
continue to operate the system until all legal appeals procedures
have been exhausted.
SECTION 11. FORECLOSURE RECEIVERSHIP AND ABANDONMENT.
11.01 Foreclosure. Upon the foreclosure or other judicial sale of the system,
Grantee shall notify the City of such fact and such notification shall be
treated as a notification that a change in control of Grantee has taken place.
11.02 Receivership. The City shall have the right to cancel this Franchise subject
to any applicable provisions of state law, including the Bankruptcy Act, one
hundred and twenty (120) days after the appointment of a receiver or trustee
to take over and conduct the business of Grantee, whether in receivership,
reorganization, bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration
of said one hundred and twenty (120) days, or unless:
A. Within one hundred and twenty (120) days after his election or
appointment, such receiver or trustee shall have complied with all the
material provisions of this Franchise and remedied all defaults
thereunder; and,
B. Such receiver or trustee, within said one hundred and twenty (120)
days, shall have executed an agreement, duly approved by the Court
having jurisdiction in the premises, whereby such receiver or trustee
assumes and agrees to be bound by each and every provision of this
Franchise.
11.03 Abandonment. Grantee may not abandon any portion of the system thereof
without having first given three (3) months written notice to the City.
SECTION 12. REMOVAL, TRANSFER AND PURCHASE.
12.01 Removal After Revocation or Expiration.
A. At the expiration of the present and all subsequent renewal terms for
which the Franchise is granted, or upon its revocation, as provided
for, the City shall have the right to require Grantee to remove, at
Grantee's expense, all or any portion of the System from all streets
and public property within the City. In so removing the System,
Grantee shall refill and compact at its own expense, any excavation
that shall be made and shall leave all streets, public property and
private property in as good a condition as that prevailing prior to
Grantee's removal of the system, and without affecting, altering or
disturbing in any way electric, telephone or utility, cables wires or
attachments. The City, or its delegation, shall have the right to
Page 15 of 19
inspect and approve the condition of such streets and public property
after removal. The insurance, indemnity and penalty provision of the
Franchise shall remain in full force and effect during the entire term
of removal.
B. If Grantee has failed to commence removal of the system, or such
part thereof as was designated within thirty (30) days after written
notice of the City's demand for removal is given, or if Grantee has
failed to complete such removal within one (1) year after written
notice of the City's demand for removal is given, the City shall have
the right to exercise one of the following options:
1. Declare all right, title and interest to the system to be in the
City or its delegated with all rights of ownership including, but
not limited to, the right to operate the System or transfer the
System to another for operation by it; or
2. Cause the System, or such part thereof as the City shall
designate, to be removed at no cost to the City. The cost of
said removal shall be recoverable from the indemnity and
penalty section provided for in the Franchise, or from Grantee
directly.
12.02 Sale or Transfer of Franchise.
A. This Franchise shall not be sold, assigned or transferred to any
person without full compliance with the procedure set forth in this
section.
B. The provisions of this section shall only apply to the sale or transfer
of all or a majority of Grantee's assets, merger (including any parent
and its subsidiary corporation), consolidation, or sale or transfer of
stock in Grantee so as to create a new controlling interest. The term
"controlling interest" as used herein is not limited to majority stock
ownership, but includes actual working control in whatever manner
exercised.
1. The parties to the sale or transfer shall make a written request
to the City for its approval of a sale or transfer.
2. The City shall reply in writing within thirty (30) days of the
request and shall indicate approval of the request or its
determination that a public hearing is necessary due to
potential adverse effect on Grantee's subscribers.
3. If a public hearing is deemed necessary pursuant to (2) above,
such hearing shall be commenced within thirty (30) days of
such determination and notice of any such hearing shall be
given fourteen (14) days prior to the hearing by publishing
notice thereof. The notice shall contain the date, time and
place of the hearing and shall briefly state the substance of the
action to be considered by the City.
4. Within thirty (30) days after the closing of the public hearing,
the City shall approve or deny in writing the sale or transfer
request.
5. Within thirty (30) days of any transfer, Grantee shall file with
the City a copy of the deed, agreement, or other written
instrument evidencing such sale or transfer of ownership or
control, certified and sworn to as correct by the Grantee.
C. In reviewing a request for sale or transfer pursuant to paragraph (A)
above, the City may only inquire into the legal, technical and financial
qualifications of the prospective controlling party, and Grantee shall
assist the City in so inquiring. Upon a demonstration of the
Page 16 of 19
•
transferee's qualifications, as set forth above, the City shall approve
the sale/transfer. The City shall not unreasonably delay or withhold
its approval. In no event shall a transfer or assignment of ownership
or control be approved without the transferee becoming a signatory
to this Franchise. For purposes of this section 12.02, no assignment,
transfer or sale shall be deemed to occur when the franchise is
transferred or sold to a company owned, managed or controlled by
Adelphia Communications Corporation, any of its subsidiaries, John
J. Rigas or any member of his immediate family or the assets or stock
of the company are transferred to a financial institution as security for
refinancing purposes.
SECTION 13. RIGHTS OF INDIVIDUALS PROTECTED.
13.01 Discriminatory Practices Prohibited. Grantee shall not deny service, deny
access, or otherwise discriminate against subscribers, programmers or
general citizens on the basis of race, color, religion, national origin, sex, or
age. Grantee shall comply at all times with all other applicable federal, state
and City laws, and all executive and administrative orders relating to
non-discrimination.
13.02 Subscriber Privacy. Grantee shall comply with all privacy provisions of
Section 631 of the Communications Act, 47 U.S.C. §543, as amended.
SECTION 14. MISCELLANEOUS PROVISIONS.
14.01 Compliance with Laws. Grantee and the City shall conform to all state and
federal laws and rules regarding cable television as they become effective,
unless otherwise stated. Grantee shall also conform during the entire term
of the Franchise with all the City ordinances, resolutions, rules and
regulations heretofore or hereafter adopted pursuant to the city s lawful
police powers that do not materially impair or abrogate any of the Grantee's
contractual rights under this Franchise and that are not preempted by state
or federal law.
14.02 Compliance with Federal State and Local Laws.
A. If any term, condition or provision of this Franchise or the application
thereof to any person or circumstance shall, to any extent, be held to
be invalid or unenforceable, the remainder hereof and the application
of such term, condition or provision to persons or circumstances other
than those as to whom it shall be held invalid or unenforceable shall
not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue
to be effective and to be complied with. In the event that such law,
rule or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision which had been held invalid
or modified is no longer in conflict with the law, rules and regulations
then in effect, said provision shall thereupon return to full force and
effect and shall thereafter be binding on Grantee and the City.
14.03 Administration of Franchise.
A. The City shall have continuing regulatory jurisdiction and supervision
over the System and the Grantee's operation under the Franchise.
The City may issue such reasonable rules and regulations concerning
the construction, operation and maintenance of the system as are
consistent with the provisions of the Franchise.
B. Grantee shall construct, operate and maintain the system subject to
the supervision of all the authorities of the City who have jurisdiction
Page 17 of 19
over such matters and in strict compliance with all laws, ordinances,
departmental rules and regulations affecting the system.
C. The System and all parts thereof shall be subject to the right of
periodic inspection by the City provided that such inspection shall not
interfere with the operation of the System and such inspections take
place during normal business hours.
14.04 Miscellaneous Violations.
A. In accordance with applicable law, from and after the acceptance of
the Franchise, the City shall not allow any person to construct, install
or maintain within any street in the City, or within any other public
property of the City, or within any privately owned area within the City
which has not yet become a public street but is designated or
delineated as a proposed public street on any tentative subdivision
map approved by the City, or the City s official map or the City s
major thoroughfare plan, any equipment or facilities distributing any
television signals or radio signals through a system, unless a
franchise authorizing such use of street or property or areas as first
been obtained.
B. From and after the acceptance of the Franchise, it shall be unlawful
for any person to construct, install or maintain within any street in the
City, or within any other public property of the City, or within any
privately owned area within the City which has not yet become a
public street but is designated or delineated as a proposed public
street on any tentative subdivision map approved by the City, or the
City's official map or the City's major thoroughfare plan, any
equipment or facilities for distributing any television signals or radio
signals through a system, unless a Franchise authorizing such use of
such street or property or areas has first been obtained.
14.05 Emergency Use. In the case of any emergency or disaster, Grantee shall,
upon request of the City, make available its system and related facilities to
the City for emergency use during the emergency or disaster period.
14.06 Construction. This Franchise shall be construed and enforced in
accordance with the substantive laws of the State of Florida and without
reference to its principals of conflicts of law.
14.07 Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the
meaning of interpretation of this Franchise.
14.08 Calculation of Time. Where the performance or doing of any act, duty,
matter, payment or thing is required hereunder and the period of time or
duration for the performance or during thereof is prescribed and fixed herein,
the time shall be computed so as to exclude the first and include the last day
of the prescribed or fixed period or duration of time. When the last day of
the period falls on Saturday, Sunday or a legal holiday, that day shall be
omitted from the computation.
SECTION 15. EFFECTIVE DATE: PUBLICATION AND TIME OF ACCEPTANCE.
15.01 Publication; Effective Date. This Franchise shall be signed by the Mayor or
acting Mayor and attested by the City Clerk. The Franchise shall be
published in accordance with the requirements of City and state law and
shall take effect upon acceptance by Grantee.
15.02 Acceptance; Incorporation of Proposal Exhibits.
Page 18 of 19
A. Upon acceptance of this Franchise, Grantee shall be bound by all the
terms and conditions contained herein. Grantee shall provide all
services and offerings specifically set forth herein to provide cable
services within the City.
B. Grantee shall also deliver to the City any insurance certificates
required herein.
INTRODUCED for first reading and set for final public hearing on this 2181 of
Au ust, 2001.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
James E. Kirk, Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 41hday of
September, 2001.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 19 of 19
0 •
G\�y OF ' Ok��C
ti� yam
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O
1915a City of Okeechobee
August 20, 2001
Bill Veach
re: Adelphia amendments
Look over these amendments prior to our meeting on Tuesday; you should also FAX this
to the Adelphia contact guy so they are aware of our questions. They requested this memo some
time ago, but this is the first time I have been able to go through it in detail since early July.
I offer comment on the following sections of the proposed franchise:
Section 3.03 Cable System: No other franchise in the local areas have this language; it would
seem that this language has a direct bearing on gross revenues, as this section excludes certain
functions as constituting a "system" by definition. I will request that Adelphia include in this
section, as facilities included within the system, modem or internet connections so that such
services would be included in gross revenues subject to the 5% fee, which I believe is in Title VI
of the FCC act. Further, we need a clarification from Adelphia as to what exactly are the
excluded services in (A)-(D).
Section 3.14 Gross Revenues: Again, here we will want to insert modem or internet services and
charges as part of gross revenues.
4.02 B. (Add at the end of this subparagraph:) Grantee shall not perform any road cuts across any
street within the City without first obtaining a permit for such cut under the then -applicable
regulations and permit procedure employed by the city of Okeechobee. The permit shall be
issued without cost, and is for the purpose of monitoring compliance with city codes in the
excavation and repair of streets and rights of way. Under said permit, the franchisee shall be
responsible , at its own expense to restore the streets or rights of way to its condition prior to the
excavation, in a manner acceptable to, and in conformity with, city codes. In the event such
restoration is not performed in a reasonable and satisfactory manner, the city shall convey
written notice to franchisee thereof. If appropriate repairs are not made within 30 days of such
notice, the city reserves the right to make the repairs, at the expense of the franchisee, who shall
pay said sum(s) to the city within 30 days of receipt of invoice. The City reserves the right, by
future amendment to the land development regulations or permit procedures pertaining to road
cuts, to create additional or different procedures and regulations from those presently in place
within the City as would be in the best interests of the City.
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686
Section 4.04. All other franchises I have studied are for a period of ten years. The length of the
franchise is pretty much up to the council.
Section 5.03. Here, the provision of PEG channels is addressed; we need to address third party
access to the system as I understand it under section 611 of the Act, specifically in this regard
entities such as Nationwide cable locally., and perhaps other commercial providers.
Section 5.06. Here, it would be helpful to list the FCC and NTSC standards so we know what
picture quality to expect.
Section 6 Service Provisions. In this section, while perhaps understood, we would like language
directed towards the provision of internet/high speed cable modem service when available.
Section 6 (new language). We should request that system upgrade and analysis occur during the
franchise, similar to adjoining counties. This language would require Adelphia to submit a
written report to the city on the 5`h anniversary of the franchise, outlining technological advances
and the availability of new and enhanced services for subscribers. Other ordinances provide that
if available, Adelphia would have the option to upgrade the system, and failure to do so means
shortening the balance of time remaining on the franchise.
Section 6.04(F): This section should list or define what PEG and external costs would be eligible
for pass through to subscribers.
Section 7.07: I would suggest we include here a period of advance notice prior to trimming so
that public works is aware of what is going on.
Section 9.02. Here, we should list or define non -regulated rates that Adelphia believes would not
require city approval.
Section 10.01. In this section, we should add provision for examination of gross revenue records
to verify compliance with payment of franchise fees, as set out in the new language in (C)
below. We further would want to add language to the effect:
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Section 10.03 This section is not contained in any comparable franchise, and needs to be re-
worked. I would suggest:
Section 10.04 A-C. Here we discussed raising the performance bond, and adding the requirement
of a construction bond; I would think that a performance bond of $50,000.00 and a construction
bond of $25,000.00 would be appropriate; we further requested language in sub A adding the
requirement of proof of workman's compensation and automobile liability coverage.
Section 10.06
C. I assume here that the grantee's performance at public hearing is by decision of the
city council as it is in B&D.
Section 11.01. In this instance, the entity foreclosing on the system should be subject to the same
provisions as 12.02, sale or transfer of the franchise.
Section 11.03. In this section, it should state that upon abandonment, title to the system would
transfer to the City.
Section 12.02 (B): All other franchises only permit transfer to a company owned, managed or
controlled by Adelphia or any subsidiaries; or to John J. Rigas or any member of his immediate
family without council approval. The language in our franchise is too broad, and we should
amend this section accordingly. (See section 30, St. Lucie County franchise, July, 1998)
(C) The language here is not acceptable. The language should require that the city
approve all transfers, even those in (B) above. St. Lucie County requires 120 days advance notice
of transfer, and also requires all pertinent information about the proposed transferee, its
experience and financing. (See section 31, St. Lucie County franchise July, 1998)
Section 14.04(B). The intent here is to prevent competing systems from gaining a service
territory, whether on public or private property. (This happened in Port St. Lucie when a
developer created his own system in his subdivision). We should perhaps clarify here that
existing radio stations and home satellite systems are not included.
This summary is not necessarily all-inclusive; more fine tuning may be in order.
Adelphia has been most helpful to date, and I believe we can reach an agreement on all of these
issues.
John R. Cook
City Attorney
•..._ — EXHIBIT 4
OK[tC
b' AUGUST 21 AGENDA
�v _ M:
=_ City of Okeechobee
*'40"M
l I
OKEECHOBEE POLICE DEPARTMENT
August 2, 2001
To: City Administrator Mr. Bill Veach
From: Chief Denny Davis
Reference: Title change
Dear Sir:
For several months, I have been considering changing Captain Raulerson's title
from Captain to Major. There are several reasons as to why I would like to make
this change.
The Captain is the Executive and Administrative Assistance to the Chief of Police.
In other agencies this position is titled "Assistant Chief of Police", "Major", or
"Commander". The position of Captain in most agencies means that that person is
responsible for only one division, such as Road Patrol or Criminal investigation.
Captain Raulerson's responsibilities, being second in command, are many. In my
absence, Captain Raulerson is responsible for the personnel and the entire operation
of the department. One of his many tasks is being the fleet manager for the vehicles.
This job alone requires Captain Raulerson to deal with other law enforcement
agency heads, such as Chiefs, Majors, Sheriffs, and Commanders.
After researching this issue, I learned that most agencies recognize the title of Major
as being someone that is second in command. This change in title can be made at no
additional cost to the City of Okeechobee. Captain Raulerson's salary would remain
as is.
Therefore, I am recommending that Captain Raulerson's title be changed to Major.
Respe ully,
Chief Denny Davis
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
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46 EXHIBIT 6 N
AUGUST 21 AGENDA
GRANT OF LICENSE
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
THIS INDENTURE, made and entered into this day of
, 2001, by and between the CITY OF
OKEECHOBEE, FLORIDA, a municipal corporation existing under the
laws of the State of Florida;
GRANTORS, and
STEVE NELSON, individually, and d/b/a OKEECHOBEE DISCOUNT
DRUGS, a for profit corporation, by and through its authorized
officers;
GRANTEES;
WHEREAS Grantor is possessed of a street, alley or right of
way running in an East -to -West direction between S.W. 2nd Avenue
and S.W. 3=1' Avenue, in block 168, City of Okeechobee, Florida;
and
WHEREAS the Grantees operate a business that extends on both
the North and South side of the alley or right of way in block
168, and have requested permission to use the alley or right of
way and to make improvements thereon, such as paving, concrete,
or structures; and
WHEREAS Grantor has the right to grant licenses, to permit
such uses, and has the authority to execute such permissions,
and the Grantee agrees to act in accordance with this license;
and
WHEREAS Grantor has agreed in consideration of the sum of
Ten Dollars ($10.00) and other valuable considerations, the
sufficiency of which is herein acknowledged, to grant to Grantee
this permission for the purposes and in the manner expressed
below;
NOW, THIS INDENTURE WITNESSETH:
The Grantees are granted a license for full and free right
and liberty for them and their guests, agents, employees, and
invitees, in common with all persons having the like right, at
all times hereafter, for all purposes connected with the use and
enjoyment of the land of the Grantee and those likely situated
for whatever purpose the land from time to time lawfully may be
used and enjoyed, to cross and re -cross the ally; to make
improvements thereon; to lay pavement, concrete or other roadway
across the alley; so long as same is under the supervision and
in compliance with the codes of the City, and does not otherwise
interfere with utility service, or access to and from the alley.
Further, that Grantees understand that the alley or roadway
must remain unobstructed and open for use by the general public
at all times; that Grantees shall cause the removal of any
improvement or surface to the alley at any time, at his own
expense, upon demand of the City for whatever reason the City
deems to be in the public interest, with the additional
understanding that any improvement that is impractical to remove
at the termination of this license shall be considered the
property of the City of Okeechobee.
TO HAVE AND TO HOLD the license as granted unto Grantee, its
successors in interest and those likely situated as described
above, for a period in perpetuity, unless earlier terminated as
hereinafter set forth.
In return for this grant of license, the Grantee shall
assume all responsibility and liability for the improvements or
structures or personal property placed or left on the alley, and
shall hold the City of Okeechobee, its assigns, or successors in
interest harmless from any claim, demand, action or suit which
alleges personal injury or loss of life or property damage
arising out of alleged defects caused or created by Grantees and
the use of the designated portion of the real property by the
Grantee, its agents, employees. In addition, Grantees shall
obtain liability and casualty insurance in an amount acceptable
to the City which names the City of Okeechobee as additional
loss payee in the event of any demand or suit.
This license and permission to use the property shall not
be unreasonably restricted or terminated by the Grantor;
however, Grantor or its assigns or successors in interest
reserves the right to terminate this license and the described
uses upon actual public necessity or for valid Municipal
purposes upon 45 days advance notice. The City reserves the
right to require removal of improvements or structures at any
time, and any such removal shall be at the sole obligation and
expense of the Grantee.
IN WITNESS WHEREOF, Grantor and Grantee have set their hand
and seal on the day and year above written.
ATTEST:
MAYOR, CITY OF OKEECHOBEE
CITY CLERK
STEVE NELSON
OKEECHOBEE DISCOUNT DRUGS
TO:
FROM:
CLTY OF OKEECHOBEE
MEMORANDUM
Mayor and City Council
Bill L. Veach, City Administrator
DATE: August 16, 2001
SUBJECT: Status Report
Below is a brief summary of past and upcoming events.
DEF..ARTMENT: , � SYNOPSIS
ADMINISTRATION 1. Industrial Park/Sheffield Environmental - We have
submitted the EDA grant. The $1.125 million Transportation
Grant is in place. The $600,000 CDBG Grant awaits
signatures. Two remaining obstacles to the project are: 1)
Sheffield's financing and, 2) the EDA award of $1.2 million.
Our deadline is nearing on both issues.
2. Steve Robbins, the attorney retained to assist in the GRIT
case, has filed necessary claims. The City's proof of claim for
the bankruptcy proceeding has been prepared and will be
filed by our bankruptcy attorney, Usher Brown. We will
discuss these lawsuits in Executive Session at the September
4th City Council Meeting.
DEPARTMENT r SYNOPSIS
ADMINISTRATION 3. Lawsuits - We have officially been served in the Pam Miller
CONTINUED lawsuit. Through our liability insurance, we will be provided
with attorney services. That attorney is Brian Walsh. Chief
Davis and Patrolman Tarner have met u th the attorney. I will
keep you posted as this issue moves forevard. Additionally,
Charlene Hammer is pursuing a claim against the Police
Dept. in regard to a traffic accident. Gallagher, Bassett
Services represents the City in this claim.
4. Safety Program - The Safety Manual has been prepared and
is being reviewed by PRM. When approval is received, we will
be able to move forward with the implementation of a new
safety program. This program should help make the City's
work environment safer and will qualify ius for a reduction in
our insurance rates (the same way implfinenting a drug -free
program did).
S. Adelphia Cable TV Franchise Agreement Renewal - A
proposed franchise agreement is under review by the City
Attorney. This will come before the Council on August 21 st.
6. Budget - Budget packets have gone to the Council. The
Administrator has scheduled individual meetings for August
16t' and 17". A workshop is scheduled for August 21 st. I've
been asked to include estimates for renovation of the Fire
Station and extensive maintenance to City Hall. Several
staffing issues will be addressed at the workshop as well.
7. Garbage Billing - Staff continues to lay the legal ground
work necessary to allow the Council to consider putting the
billing on the tax roll, which will be discussed at the August
21 st Council Meeting.
8. We have received quotes for our annual audit. They will be
considered by the Council on August 21 st.
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DEPARTMENT SYNOPSIS ,
PUBLIC WORKS The Director of Public Works and the City Administrator met with
our engineering consultants and an RFP containing the street
project priorities of the City Council has been advertised. Bids will be
opened on August 29th and addressed the City Council on September
4th.
CODE 1. The sign violation for Lake-Okee, Inc./Pogey's Plaza has been
ENFORCEMENT dismissed from the Code Enforcement Board. The matter will now be
handled by the Planning and Zoning Board.
2. Marvin Brantley appeared before the Code Board on July 10th and
indicated that his property is in compliance and that he will continue
to keep it in compliance. The Code Board decided to make a request
to the City Attorney that no further action be taken in filing the
foreclosure until further notice.
3. Chief Tomey is in the process of sending notices to the Southwest
section of town. There are approximately 50 violations that have been
sent out at this time.
4. When the Southwest section is fmished Chief Tomey will begin on
Northwest Section.
FIRE DEPARTMENT 1. Truck 2 has a new motor installed, the seals have been
replaced in the transmission. A new clutch, starter rings and
pressure plate has been installed. The pump was in good shape
and only needed minor repairs.
2. The final drawings have been approved on the Poly Tank for
Truck 2.
3. The chasis should be leaving for Pride Enterprises no later than
July 18. They will have it for 4 to 6 weeks.
4. Engine 4 has a leak in the tank and will be repaired soon.
3
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DEPARTMENT SYNOPSIS
OUTSTANDING Updating and modernization of City Ordinances - Code
ISSUES - Book and LDR's; Telecommunications; Departments and
CITY ATTORNEY Offices; Planning and Development; Streets and Sidewalks;
Subdivision Regulations; Water and Sewer Regulations. The
City Clerk has contracted with a firm for this service.
BOARD OF 1. August 28, 2001 Meeting - Board of Adjustment will hear a
ADJUSTMENTS petition for a variance request to allow a two -foot landscaping
buffer instead of the required 10-foot, in order to be
consistent with the existing parking area within Industrial (I)
zoning district. The property is located at 312 SW 7th Avenue.
2. August 28, 2001 Meeting - Land Planning Agency will hear a petition for a
Comprehensive Map Amendment to the future land use map to change from
Residential Single Family to Multi -Family. The property is located at 910
NW 3`d Avenue.
`� ,i• 0•
OUTSTANDING
ISSUES 1. Modernize Code Enforcement Policies and Procedures
(Chief Tomey & Attorney Cook)
2. Enhanced 911 (City and County Staff)
Long -Term:
1. Apply for CDBG Grant for continuation of Downtown
Project. The City Administrator has had preliminary
discussions with DCA. We may be a year or two away
from the next phase of this project. However, the
Administrator has begun discussion which will hopefully
lead to business/volunteer participation.
Also, we are looking at the possibility of redoing another park
(West end).
2. Address traffic congestion problems due to hurricane
evacuations. - The City has been asked to participate in
the planning of the widening of SR 70 in Okeechobee.
The Police Chief, Public Works Director and Administrator
recently took part in DOT discussions regarding
improvements to 441 North.
3. Construction of bridge over Taylor Creek for access to City
property - This is being addressed in conjunction with
the Sheffield proposal.