2002-04-02 RegularCITY OF OKEECHOBEE
APRIL 2, 2002 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
1. CALL TO ORDER - Mayor:
April 2, 2002, City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel;
Pledge of Allegiance led by Mayor Kirk,
IIi. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. FGrk
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 March 19, 2002 Regular Meeting,
PAGE 9 of 5
Mayor Kirk called the April 2, 2002 Regular City Council Meeting to order at 6:00 p.m.
Invocation was offered by Father Weiss in Pastor Rieffel's absence;
Mayor Kirk led the pledge of allegiance.
Deputy Clerk Gamiotea called the roll;
Present
Present
Present
Present
Absent
Present
Present
Absent
Present
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
March 19, 2002 Regular Meeting; seconded by Council Member Oliver. There was no discussion on this item.
DR
KaK - YEA
CHANIXER - YEA
OUM - YEA
WATFM - YEA
VkuAMs - ABsEKr
MaMM CARRIED.
303
304 APRIL 2, 2002 - REGULAR MEETING - PAGE 2 of 5
AGENDA CDtiK% AVION - OtSCUSSION - VOTE
V. AGENDA -Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's I
Mayor Kirk asked whether there were any requests for the addition, deferral ro withdrawal of items on today's agenda.
agenda. There were none.
Vi. NEW BUSINESS.
A. 1. a) Motion to read by title only and set April 16, 2002 as a public No official action was taken on this item.
hearing date for proposed Ordinance No. 775 regarding revisions
made to the Adelphia Franchise Agreement - City Attorney (Exhibit
1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 775 by titre only.
2. a) Motion to approve the first reacting of proposed Ordinance No. 775. M No official action was taken on this item.
b) Discussion. Attorney Cook advised that the Adelphia attorney's have not had an opportunity to adequately review the last revisions
to the proposed ordinance. It is 90 percent completed, he suggested that the Council discuss any questions they have.
He will then set up a meeting with Adelphia and bring this ordinance back to the Council for first reading in May.
Each Council Member went through their list of items for questions and amendments. The following areas will be
revised by Attorney Cook:
Page 1, Paragraph 3.03 Cable System. The language needs to be cleared up as to whether or not this would include
an internal cable system within a large development.
Page 2, Paragraph 3.14 Gross Revenues. Discuss with Adelphia whether this paragraph needs to include telephone
services.
Page 4, Paragraph B. Attorney Cook will expound on the section of the City being reimbursed should construction of
the cable system interfere with streets.
APRIL 2, 2002 - REGULAR MEOW - PAGE 3 OF 5
305
VI. NEW BUSINESS CONTINUED.
A. 2. b) Discussion regarding proposed Ordinance 775 continued
c) Vote on motion.
Page 4, Paragraph 4.05 Franchise Term, Attorney Cook is to see what the least amount of years Adelphia would
accept.
Page 7, Paragraph A. Attorney Cook is to clarify whether this is a government channel or public service channel.
Paragraph D needs to be defined better.
Page 10, Paragraph 9.04, A. Change to "local office."
B.1.a) Motion to read by title only and set April 16, 2002 as a public Council Member Watford moved to read by title only and set April 16, 2002 as a public hearing date for proposed',
hearing date for proposed Ordinance No. 787 regarding procedures Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards; seconded by Council Member
of election of chairpersons to citizens' boards - City Attorney Oliver.
(Exhibit 2).
b) Vote on motion to read by title only. VOTE
KrRK - YEA
CHANDLER -YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - ABSENT
MOTS! CARRIED.
c) City Attorney to read proposed Ordinance No. 787 by title only. Attorney Cook read proposed Ordinance No. 787 by tine only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION 155 THEREOF;
ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF CHAIRPERSONS TO CITIZEN'S
ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF; PROVIDING FOR PROCEDURE IN THE EVENT OF
VACANCY; PROVIDING FOR AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 787. Council Member Watford moved to approve the first reading of proposed Ordinance No. 787; seconded by Council
Member Oliver.
306
APRIL 2, 2002 - REGULAR MEETING - PAGE 4 OF 5
If AGENDA COUNCIL ACTION - DISCUSSION- VOTE 8
VI. NEW BUSINESS CONTINUED.
B. 2. b) Discussion.
c) Vote on motion.
C. Request for a sign permit for Paula's Furniture - Paula Baker
(Exhibit 3).
Attorney Cook advised that Clerk Thomas brought this item to his attention. The Land Development Regulations
provide for the appointment of Citizen Boards and their terms, however, it does not provide for the terms of the
Chairperson or Vice Chair. There is nothing that precludes a chair from being reappointed, only that every two years,
just as the Council does, they will need to have nominations and elect the Chair and Vice Chair.
VOTE
KIRK - YEA
CHANDLER -YEA
OLIVER - YEA
WATFORD - YEA
WuLIAw - ABSENT
MOTION CARRIED.
Mr. Ruban Baker, of Paula's Furniture located at 413 Southwest Park Street is requesting the Council give permission
to change the signage on the store front. This area is located within the Community Development Block Grant. All
property owners signed an agreement not to alter their building facade improvements for a period of five years. Mr.
Baker was advised that September 19, 2002 would be the end of the five years. Mr. Baker thanked the Council for
their information and decided to wait until that time to change the signage.
D. Motion to appoint Mack Worley, Jr., Rennae Sweda and Isabel Council Member Chandler moved to appoint Mack Worley, Jr., Rennae Sweda and Isabel Weisser as regularmembers
Weisser as regular members to the Code Enforcement Board for a to the Code Enforcement Board for a term beginning May 1, 2002 and ending April 30, 2005; seconded by Council
term beginning May 1, 2002 and ending April 30, 2005 - City Member Oliver. There was a brief discussion on this item.
Administrator.
VOTE
KIRK - YEA
CHANDLER -YEA
OLIVER-YEA
WATFORD - YEA
WILuAms - ABSENT
MOTION CARRIED.
VII. ADJOURN MEETING -Mayor.
PLEASE SAKE 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 TRS MEETING, HEJSHE MAY NEED TO NSURE THAT A VERBATU RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED.
ATTEST: James E. Kirk, Mayor
Bonnie S. Thomas, CMC, City Clerk
APRL N.,
WITT
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:45 p.m.
307
AFFIDAVIT OF LISHER
OKEECHOBEE TRVIES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before the undersigned authority personally appeared J.W.
Owens who on oath says that he is publisher of the Okeechobee Times,
a newspaper published weekly at Okeechobee in Okeechobee, Florida:
that the attached copy of advertisement,
being a nTICE �,, ,, ►�rrnl.l�' I�InTI(F _ Dn # 1 173r)
in the matter of CITY
via: Bonnie Thomas
city of Okeechobee
55 S.E. Third Avenue
Okeechobee FL 34974-2932
863 763-3372
In the Court,
was published in said newspaper in the issues of MARCH 2f3,2002
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been
entered as second class mail matter at the post office in Okeechobee,
in said Okeechobee County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any
person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in the
said newspaper.
J. W. Owens, (Publisher)
Sworn to and subscribed before mew
this ay of
A.D. 20 02
(SEAL) kotary Public
O�P`2Y 0V6G OF RCLAL ARY SEAL
ROSEALEE ATBRENVAN
* COMMISSION NUMBER
C CC 940770
9/F e� MY COMMISSION EXPIRES
OF FV� JUNE 25,2004
•
OKEIo(#1088E,1�NL8i .,r
•
City of Okeechobee - April 2, 2002 - Regular City Council Meeting - Handwritten Minutes
I. CALL TO ORDER - Mayor: KA. April 2, 2002, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor Ec qit we, I
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDAMr F: - r'.ifu (_lark
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 City Clerk S. Lane Gamiotea
IV. INNUTES - City Clerk.
A. 12 uau d Maiuber- IJ C reading anti appwva ti . SummaR4 of
Council Action for the March 19, 2002 Regular Meeting; seconded by Council Member P1
ME X NM ABSTiM ABSENT
KIRK /
OLIVER-
WATFORD ✓
WILLIAMS
MOTION . ARRIE - DENIED
V. AGENDA -Mayor.
A. Requests for the addition, deferral or withdrawal fo items on today's agenda.
VI. NEW BUSINESS.
A.1.a) Council Member moved to read by ti my and set April 1 as a public nng
date for pro d Ordinance No. 775 re ing revisions ma o the Adelphia F chise
Agree - City Attorney (Exhibi ;seconded by Co I Member
n o rea y i e only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
MOTION CARRIED - DENIED
c) City Attorney to read roposed Ordinance No. 775 by title only. " ORDINANCE
GRANTING RANC TO TE AT ACQU ION LI ED
PARTNERSHIP TO NSTRUC , OPERAT , ND MAI AIN A CA E
TELE*ION SYSTEM IN T CITY OF EECHO , FLORI HE
O,ITYY"SCnti a7N C'DN /* oils AL-o 4q /j
0
0
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
b) Discussion.
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B.1.a) Council Member_ moved to read by title only and set April 16, 2002 as a public hearing
date for proposed Ordinance No. 787 regarding procedures of election of chairpersons to citizens'
boards - City Attorney (Exhibit 2); seconded by Council Member nu
b) Vote on motion to read by title only.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
w
CHANDLER
✓
OLIVER
WATFORD
WILLIAMS
-
MOTION �IED - - DENIED
c) City Attorney to read proposed Ordinance No. 787 by title only. AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, SECTION
155 THEREOF; ESTABLISHING RULES OF PROCEDURE; PROVIDING FOR ELECTION OF
CHAIRPERSONS TO CITIZEN'S ADVISORY BOARDS; PROVIDING FOR A TERM THEREOF;
PROVIDING FOR PROCEDURE IN THE EVENT OF VACANCY; PROVIDING FOR AN
EFFECTIVE DATE.
2.a) Council Member moved to approve the first reading of proposed Ordinance No. 787;
seconded by Council Member PJ11
b) Discussion.
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c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK L--
CHANDLER
OLIVER
WATFORD
WILLIAMS
c.-
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MOTION C��- DENIED
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C. Request for a sign permit for Paula's Furniture - Paula Baker (Exhibit 3).
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D. Council Member moved to appoint Mack Worley, Jr., Rennae Sweda and Isabel
Weisser as regular members to the Code Enforcement Board for a term beginning May 1, 2002
and ending April 30, 2005 - City Administrator; seconded by Council Member FL
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
v
WILLIAMS
- ✓
MOTION CARRIED,,] DENIED
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CITY OF OKEECHOBEE
APRIL 2, 2002 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 3
I. CALL TO ORDER - Mayor: April 2, 2002, City Council Regular Meeting, 6:00 p.m.
H. OPENING CEREMONIES: Invocation offered by Pastor Robert Rieffel;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
14 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 March 19, 2002 Regular Meeting.
APRIL 2, 2002 - CITY COUNCIL, AGENDA - PAGE 2 OF 3
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VI. NEW BUSINESS.
A. La) Motion to read by title only and set April 16, 2002 as a public hearing date for proposed Ordinance No. 775 regarding revisions made
to the Adelphia Franchise Agreement - City Attorney (Exhibit 1).
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.
B.La) Motion to read by title only and set April 16, 2002 as a public hearing date for proposed Ordinance No. 787 regarding procedures
of election of chairpersons to citizens' boards - City Attorney (Exhibit 2).
• b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 787 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 787.
b) Discussion.
c) Vote on motion.
C. Request to change signage within the Community Develop Block Grant area for Paula's Furniture - Paula Baker (Exhibit 3).
APRIL 2, 2002 - CITY COUNCIL AGENDA - PAGE 3 OF 3
VI. NEW BUSINESS CONTINUED.
D. Motion to appoint Mack Worley, Jr., Rennae Sweda and Isabel Weisser as regular members to the Code Enforcement Board for a term
beginning May 1, 2002 and ending April 30, 2005 - City Administrator
VII. ADJOURN MEETING - 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 proceeding, and for such purpose may need to ensure a verbatim record of the proceeding 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.
OKEfCy
• •
Cityof Okeechobee
.iiIII
55 S.E. Third Avenue * Okeechobee, Florida 34974-29329813/763-3372
March 27, 2002
City Council
re: Adelphia franchise
Gentlemen:
As requested, the Adelphia franchise proposal is set for first reading at the April 2, 2002
meeting. The draft before you is the result of months of revision, with the original being amended by me
and sent to Adelphia; that draft being revised by Adelphia and returned to me; and the present draft is
another revision by me of the draft revised by Adelphia.
The end result is that there will likely be further revisions to the contract prior to second
reading. I know that there is concern about the performance of Adelphia in Port St. Lucie that we have
seen in the news, and the draft before you adequately addresses service problems and remedies I
believe.
The latest draft is being forwarded to Adelphia legal in Pennsylvania, and we expect local
representatives to be at the meeting.
Kindest Regards, 7
John R. Cook
City Attorney
JRC
ExaIBIT 1 N
APRIL 2 AGENDA
ORDINANCE NO. 775
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.
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
equipmentthat 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
whole or in part, to the provisions of Title 11 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
Page 1 of 20
•
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, including but not limited to
internet 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 "Ci_yt ' 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,
including but not limited to provision or interruption of service and
programming. The term "complaint" does not include an inquiry which is
immediately answered by the Grantee within two (2) hours of the making of
the complaint.
3.09 "Conve er" 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's cable system to provide cable television service, including
monthly fees charged to subscribers for any optional service; pay television
fees; pay -per -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; internet service; installation,
disconnection, and reconnection fees; and converter rentals, to include, but
not limited to, remote, amplifiers, on line service (_to the extent not
inconsistent with applicable law). All of the foregoing shall be adjusted for
bad debt. Gross revenues shall not include any taxes collected by Adelphia
which are imposed upon Adelphia or upon any subscriber or user by the
Federal Government or its subdivisions, the State of Florida or its
Page 2 of 20
•
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 subscribers for a separate fee 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,
publicway, 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,
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
Page 3 of 20
complied with and subject to repair requirements set forth hereafter.
B. Grantee shall construct and maintain the System so as not to interfere
with other uses of streets. Grantee shall endeavor to make use of
existing poles and other facilities available to 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.
Grantee agrees that it 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. The permit shall be issued without cost, and shall be for the
purpose of monitoring compliance with City codes in the excavation
and repair of streets and rights of ways. Under said permit, the
Grantee 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 the City codes. In the
event that such excavation is not performed in a reasonable and
satisfactory manner, the City shall provide written notice thereof to the
Grantee. If the necessary repairs are not made within 30 days of
receipt of such notice, the City shall have the right to make such
necessary repairs, at the expense of the Grantee, who shall
reimburse the City for the cost of said repairs within 30 days of the
receipt of an invoice for the repairs. The City reserves the right to
lawfully amend its regulations or permit procedures pertaining to road
cuts, to create additional or different procedures and regulations or
permit procedures from those presently in place, as the City lawfully
deems in its best interests.
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.
4.04 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.
4.05 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(+5� ten Ll0) years, unless renewed, revoked or terminated sooner as
herein provided.
4.06 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.
4.07 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.
4.08 Use of Grantee Facilities. The City shall have the right to install and
Page 4 of 20
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.
4.09 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
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 S.E. 3rd 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.
4.10 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.
B. Grantee shall provide 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
Page 5 of 20
•
•
written and in computer form, "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
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, to each public school, library, and City facility located within
two hundred (200) feet of
Adelphia's distribution t system, 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 QualitX. The system shall produce a picture that is consistent with
Federal Communications Commission and NTSC standards as existing or
hereafter amended (copy of current applicable standards attached and made
part of this agreement).
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 FCCs 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.
Page 6 of 20
9 0
A. The Grantee shall make available upon request for use by the City,
without charge, one (1) activated channel for non-commercial
governmental programming,
pregra °rr. V and non-commercial educational programming. Once
the 1 access channel refereed to above is "sufficiently utilized",
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 A for
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
produced live or pre-recorded
required in paragraph A.
channel time or playback of locally
programming on the access channel
D. Grantee may establish rules pertaining to the administration of the
access channel required in paragraph A.
E. Adelphia herebv aarees to provide the Citv upon reauest 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) payable upon final adoption
and approval of this franchise.
F. The Citv acknowledaes that under FCC rules. certain external costs
(including those found in Section 6.04 E herein) 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.
6.05 Cable Modem Access. Grantee agrees that it will provide Cable Modem
Access /internet service throughout the Service Area, at such time as it is
technologically and economically feasible.
6.06 Upgrades. Grantee shall submit a written report to the Citv on the Third
anniversary of arant of this franchise and each three vears thereafter which
report outlines technological advances and the availability of new and
enhanced services for subscribers to the system. Upon request of the City,
grantee shall initiate upgrades to the system consistent with current
technology, and commence construction of same, within twelve months of
request by the City; in the event grantee should refuse to do so, except for
circumstances beyond the control of grantee, then this franchise shall
terminate within twelve months of the request for upgrades.
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.
Page 7 of 20
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.
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
Page 8 of 20
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
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, with advance notice to, and 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
Page 9 of 20
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
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.
The following cable service(s) that are subject to rate increase without City
approval (need to define a list for insertion here)
9.03 Charges for Disconnection or Downgrading 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
Page 10 of 20
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
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. ConverterNCR hookup information and use instructions.
9.07 Sub§criber 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
Page 11 of 20
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)
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 as defined in section 3.14 herein. If a
change in law or regulations increases the maximum allowable
percentage, or otherwise by whatever formula then in use, permits a
greater franchise or access fee to be paid to the City, then grantee
agrees to negotiate in good faith for payment of the higher amount,
provided however, that such increase agreed upon with the City may
be imposed only after public hearing at which the public and grantee
are allowed to comment on the impact of the higher franchise fees.
Grantee will pay to the City such higher amounts of revenue effective
the next available billing cycle in which the higher charge may be
placed on subscribers bills.
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.
C. Grantee shall maintain a complete set of records, includina system
plans, contracts, engineering, statistical, customer and service
records concerning the operation of the system and provide same to
the City upon request for review and verify the following areas which
is not all inclusive: the performance of grantee in the provision of
services, customer relations: customer complaints and their
resolution: technical data concerning system upgrades: and financial
records to verify gross revenues and payment of franchise or access
fees.
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
Page 12 of 20
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 (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.
C. In the event the grantee does not or cannot correct a violation within
the times provided herein. the City retains the right to impose the
following penalties as agreed liquidated damages:
1. For a violation that is not corrected within the time frame
permitted herein by the City, the City may impose a daily fine
of up to $500.00 per day for each day the problem is not
corrected to the satisfaction of the City..
2. If such fines are imposed, and accrue for a period of time in
excess of 60 days of initial imposition of the fine without
correction of the violation by grantee, the City may issue notice
of intent to revoke the franchise to grantee and grantee shall
be entitled to a public hearing before the city council to
determine if it is in the best interests of the City and
subscribers to revoke the franchise as provided in sec. 10.06
herein.
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 the discussion
disposition or settlement of such claim or proceeding although
final disposition and settlement shall be at the discretion of the
Page 13 of 20
Ci • and Afford Grantee the opportumity to partieupate in and
fully eomtrel any eernprornise, settlement or other resolution 0
be represemted im good faith by Grantee im whieh ease th
egrantee shall be exeused from any further obligation to
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. Nothing in this agreement shall require Grantee to indemnify,
defend or hold harmless the City, its employees elected
officials or agents for their own negligent or wilfulacts as
determined by the trier of fact, which negligence bears a
material and causal relationship to the substance of such
claim, demand or suit.
10.04 Liability Insurance and Performance Bonds.
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,
4. One Million Dollars ($1,000,000) for automobile combined
single limit for property damage and bodily iniury.
5. Grantee agrees to maintain Workman's Compensation
coverage as required by state law.
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_Companv shall furnish a bond in
the sum of #ive fifty thousand ($50,000.00) 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 permitted to be adopted and enforced upon
acceptance of the franchise by the Compan .
D. Prior to commencement of any upgrade of the cable system. Grantee
will furnish and file with the City a construction bond in the amount of
Twenty-five Thousand ($25,000) Dollars. The construction band shall
insure the faithful performance by Grantee of all terms and conditions
of this agreement with regard to the upgrade of the system The
company issuing such bond shall be licensed to do business in the
State of Florida. Upon completion of the upgrade of the cable system
the construction bond shall be released and the City agrees to
execute any and all documents necessary for such release.
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
Page 14 of 20
0 •
cancel this Franchise, and all rights and privileges pertaining thereto, in the
event that:
A. Grantee materially breaches this Franchise as provided herein; 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 by the City 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,
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. Beestise the Gity may
Page 15 of 20
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4 NO
.. ..
E. The issue of revocation 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. The assessment and collection of liquidated
damages provided for herein and accepted by the City for specified
violations or noncompliance, shall not be deemed a waiver of any
other rights of enforcement, or of pursuing any other lawful claim
against the Grantee with respect to any other violations or
noncompliance by Grantee, or in proceedings for revocation of the
franchise, and any suit or appeal thereafter.
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,
and the provisions of Section 12.02 shall apply.
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, in which
event, ownership of the Cable System shall be transferred 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
Page 16 of 20
•
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
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. Grantee shall provide the City a minimum of 120 _days
advance notice prior to submitting a proposal for system sale or
transfer.
B. For purposes of this Section, no sale, assignment, transfer or lease
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 pledged to a financial institution as security for
refinancing purposes. The previsioms of this seetion shall only apply
to the 99e or tramsfer of all or a majority of Gramtee's assets, mer-gef
a nterest. The term "eemtrellimg imterest" as used hereim us met limited to
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.
Page 17 of 20
u
•
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. Consistent with Section 617 of the Cable Act In reviewing a request
for sale or transfer pursuant to paragraph (A) above, the City may o*
inquire into the legal, technical and financial qualifications of the
prospective controlling party as well as their past performance, and
history of complaints in any other service area(s) they may have
previously operated, and Grantee shall assist the City in so inquiring.
Upon a demonstration of the 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 purpess
0 BONI L-1-1 r. kkwM lrwll III UJIMIL-A
Mq 0 LWOW- It.1011,01A 1111P.1 &WIWI �WLWJ MON L-11111LWI
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
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
Page 18 of 20
•
•
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
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. This
provision is not intended to apply to home satellite systems or radio
stations, to the extent that they are not providing a cable service,
pursuant to federal law.
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 anyway 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
Page 19 of 20
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.
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 2nd of April
2002.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of
April, 2002.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 20 of 20
• EXHIBIT 2
APRIL 2 AGENDA
ORDINANCE NO. 787
AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, SECTION 155 THEREOF;
ESTABLISHING RULES OF PROCEDURE;
PROVIDING FOR ELECTION OF CHAIRPERSONS
TO CITIZEN'S ADVISORY BOARDS; PROVIDING
FOR A TERM THEREOF; PROVIDING FOR
PROCEDURE IN THE EVENT OF VACANCY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the policy, procedures, and duties of the various citizen boards for the City
of Okeechobee are established in section 150 of the land development regulations for the City;
and
WHEREAS, the procedures provide for, among other areas, the appointment and term of
office for such citizen's boards, and the election of chairpersons for each board, but do not set
forth the manner or frequency of election of such chairpersons; and
WHEREAS, the City Council for the City of Okeechobee believes it to be in the best
interests of the citizens of Okeechobee, as well as those persons who volunteer to serve on a
citizen's board, for the periodic election of chairpersons to such boards to achieve diversity of
opinion and direction for the board, and to relieve the chairperson from the responsibility and
duties of such position from time to time; therefore:
BE IT ORDAINED and adopted by majority vote of the City Council that section 156,
Land Development Regulations, City of Okeechobee, Florida, is hereby amended in the following
respects:
156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE
(Section 1-7 remain unchanged)
8. Each citizen's advisory board for the City of Okeechobee shall include on its agenda
for its meeting during the month of May, the election of a chairperson and vice -chairperson for
the board, such positions being held for a term of two years from the month of election, with
elections thereafter to be held every two years. The board shall entertain the nomination of up to
three members to serve in each position, and publically elect one person to each position by
majority vote. As board members typically hold their positions on their respective boards for a
term of three years, with overlapping terms for members, and as members occasionally resign or
are removed from a board during their term, in the event a member who serves as chairperson or
vice chairperson should not fulfill their term in that position for any reason, then the respective
board shall include on its regular agenda, in the first month following the loss of such chairperson,
the election of such replacement chairperson or vice -chairperson. A person elected in this manner
shall hold the position for the balance of the term of the departed member, with the next regular
election held in the appropriate year in the month of May as provided herein.
INTRODUCED for first reading and set for final public hearing on this 2nd day of April,
2002.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16' day of April,
2002.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
0 is
03/19/2002 15:19
8637631686
•
CITY OF OKEECHOBEE
0
EXHIBIT 3 N
APRIL 2 AGENDA
CITY OF OKEECHOBEE
OW) 76X3372 FAX (863) 763-1686
AGENDA ITEM REQUEST FORM
Pims sO or brbg corpk6d bra to:
City of Okeechobee
City Administrator's Office
SS SE 3' Avenue
Okeechobee, Florida 34974
,
ADDRE�
DDR.5�8. -
,.. n QQC/P o V-,;ePTA-i_
TZI.EFHONEs
ILLP. _3_S9-DU FAX: —S�P�'
MEETING- REGULAR 0 SPECIAL O WORKSHOP CI DATE;
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA:
PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR,.
PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL;
u HV • w • ,A�MlNP-*-J1lR1 •
PLEASE SUMMAJUZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND
ATTACH APPLICABLE DOCUMENTS:
IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING:
SIGNED BY: � c�a5ij DATE: 0 -a o o j2
•
PAULA'S
FURNITURE
-Ji� V01MWONAW. TFA r&AFi»r:
r � � DRAFT COPY ADDITION TO EXHIBIT 3
,
CITY OF OKEECHOBEE
FACADE RENOVATION AGREEMENT
THIS AGREEMENT, made and entered into this Iq day of L31r-
11997,
by and between PROPERTY OWNER
and
party of the
first part, and hereinafter referred to as the Property Owner(s) and the City of Okeechobee,
a Florida Municipal Corporation, party of the second part, and henceforth referred to as
the "City".
WITNESSETH:
1. THAT WHEREAS, the Property Owner(s) have a sufficient ownership or use
of that certain tract or parcel of land that is described herein; as
and
2. THAT WHEREAS, there is located on the tract or parcel of land a
structures(s) that is/are in need of facade renovation(s) to make it/them more
aesthetically pleasing; and
3. THAT WHEREAS, the Property Owner(s) desire to have the facade
renovation(s) on the structure(s) addressed; and
4. THAT WHEREAS, the Property Owner"s) desire that the facade
renovation(s) be done by a party other than themselves; and
5. THAT WHEREAS, the Property Owner(s) have requested the City to finance
and contract for the facade renovation(s) of the structure(s) with the use of
CDBG funds, and
6. THAT WHEREAS, the City has consented to provide the financing and
contract for the facade renovation(s) of the structure(s);
NOW THEREFORE, the Property Owner(s) and the City hereby agrees as follows:
1. The Property Owner(s) have requested and the City has agreed to finance
and contract for the facade renovation(s) of the structure(s) located on the
property heretofore referred to.
2. The facade renovation(s) of the structure(s) will be completed as a Grant to
the Property Owner(s) paid for with Community Development Block Grant
(CDBG) funds from Grant #95DB-65-07-57-02-C37.
3. The Property Owner(s) herein gives the City the power of attorney to
contract for, oversee, coordinate, and approve the facade renovation(s) and
related work as detailed in the contract documents associated with the
CDBG Grant #95DB-65-07-57-02-C37 as they relate to the specific
structure(s) detailed herein.
4. The Property Owner(s) understands the contractor who performs the facade
improvement and related work will have a one year warranty included in their
contract with the City which the City will attempt to enforce on behalf of the
Property Owner(s). However, if the contractor does not perform the original
work or the related warranty work to the Property Owner(s) agrees that the
City shall be held harmless by the Owner(s) for the work performed by the
.. contractor. Furthermore, the City shall be held harmless by the Property
Owner(s) in any litigation brought against the contractor by the Property
Owner(s) for the work that is contracted for and/or addressed.
5. The Property Owner(s) during, the period of construction, shall maintain
builders risk insurance on the building(s) described herein. In the event of
any damage that results in a claim, the City shall be entitled to
reimbursement from the Owner(s) for the cost of improvements to the
building to date that were negated or a result of the claim.
6. The Property Owner(s) have reviewed the facade renovation architectural
drawings and plans; are aware of the extent and nature of such
improvements; consent and agree to such improvements; and permit the City
to act as their exclusive agent with the contractor to effect such
improvements.
7. The Property Owner(s) agrees to provide the appropriate handicap
accessibility for any business that requires the accessibility based on
Federal guidelines.
8. The Property Owner(s) agrees to pay for the portion of any store front or
building that is occupied by a religious organization, government
organization or any other organization according to Federal guidelines that
prohibit the use of grant funds to pay for facade improvements.
9. The Property Owner(s) agrees that for a period of five (5) years after the
completion of the facade improvements to their building, no alterations or
changes will be made to the original design unless approved by the City
Council. This provision is assigned to new owners should the property be
sold within that five year period.
10. The Property Owner(s) agree to maintain the facade improvements and
replace signage consistent with the original facade improvement design.
11. The Property Owner(s) agrees, at his/her option, to pay for any
improvements to their property not funded by the Grant.
*WINESS PROPERTY OWNE
WITNESS
PROPERTY OWNER
MAYOR
•
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
As the Owner of the property, I hereby a ee to the following construction work and
improvements to be undertaken at ����t �s���(� (&Etiti`�---
as part of the
Fagade Renovations and Improvements project of the City of Okeechobee and funded by
C.D.B.G. Grant 995DB-65-07-57-02-C37.
The work includes the following:
Front full canopy fabric awning and frame.
Side full canopy fabric awning and frame
Front valence fabric awning and frame.
Side valence fabric awning and frame.
Painting of exterior walls. Front
Color(s)
Color COR a-�- Graphics c uQ /(
Color Graphics
Color Graphics
Color Graphics
Side Other
Replacement of existing roofing with clay tiles.
A/ —Cleaning of existing exterior brick.
Repairs:
Demolition:
Other: �
Signed:
Property Owner
Signed:*—i of Okeechobee
Date II- 7 / q
Date //-7 -I
0 0
Licensed Real Estate Broker
208 N. Parrott Avenue
Okeechobee, FL 34972-2995
Telephone (941) 763-4010
FAX (941) 763-1376
November 5, 1997
City of Okeechobee
Robert Bradshaw
City Admini'dtrator
Att Lydia
Re: Property locssted at 413 SW Park Street
A coact for sale and purchase was sighed October 2, 1997 between Jack Campo of
Campo Care Inc. (setter) and Paula Baker, of Paula's Finait uve (buyer) for the sale and
purchase of above described property: This contact is to close on or before December
15, 1997, at which time the buyer wdt became the owner -occupant of said premise.
Sr.
Broker/Salesman