The URL can be used to link to this page

2002-04-16 Regular308 ti m � r o CITY OF OKEECHOBEE APRIL 16, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor: April 16, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Al 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 21 - 27, 2002 as "Crime Victims' Rights Week". Mayor Pro-Tempore Watford called the April 16, 2002 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered Pastor Jaquith; Mayor Pro-Tem Watford led the pledge of allegiance. City Clerk Thomas called the roll: Present (entered chambers at 6:40 p.m.) Present Present Present (left chambers at 7:00 p.m.) Present. Present Present Present Present Mayor Pro-Tem Watford read the proclamation in it's entirety as follows: WHEREAS, as our City continues to make strides in reducing the crime rate, we must remember that there are still far too many victims of crime. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at large; and WHEREAS, we recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us, policymakers, those in the criminal justice system, counselors, clergy members, and members of the general public, do what we can to Bring Honor to Victims, responding to victims of crime compassionately and respectfully; and WHEREAS, while our City has adopted laws to protect the rights of victims of crime and provide them with certain essential services, all of us must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as well. Let us acknowledge that, just as government must be open to its citizens, so our system of justice must be open to victims of crime. In the year 2002 and beyond, let us Bring APRIL 16, 2002 - REGULAR MEETING - PAGE 2 OF 9 309 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of April 21 - 27, 2002 as "Crime Victims' Rights Week". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 2, 2002 Regular Meeting. VI. WARRANT REGISTER - City Administrator A. Motion to approve March, 2002 Warrant Register: General Fund ...................... $271,754.43 Public Facility Improvement Fund ......... $4,181.25 Capital Projects Fund .................... $800.00 Industrial Development Fund ............ $2,500.00 Law Enforcement Special Fund ............ $660.20 Honor to Victims and create a world where respect and dignity will be basic rights for everyone victimized by crime, and where those responsible for implementing the rights of victims are accountable for their actions; and WHEREAS, through public and private efforts, our community has already taken important steps to ensure that our treatment of victims helps them to begin the healing. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also, to build a better, more just community. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 21 - 27, 2002 Crime Victims' Rights Week, and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. Dee Raulerson of the Victim Advocate Office and Stephanie Locke of Martha's House were present to receive the proclamation. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the April 2, 2002 Regular Meeting; seconded by Council Member Oliver, There was no discussion on this item, VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Oliver moved to approve March, 2002 Warrant Register in the amounts: General Fund two hundred seventy-one thousand, seven hundred fifty-four dollars and forty-three cents ($271,754.43); Public Facility Improvement Fund fourthousand, one hundred eighty-one dollars and twenty-five cents ($4,181.25); Capital Projects Fund eight hundred dollars ($800.00); Industrial Development Fund two thousand, five hundred dollars ($2,500.00) and Law Enforcement Special Fund six hundred sixty dollars and twenty cents ($660.20); seconded by Council Member Williams. There was a brief discussion on this item. 310 APRIL 16, 2002 - REGULAR MEETING - PAGE 3 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VI. WARRANT REGISTER CONTINUED. A. Motion to approve March, 2002 Warrant Register continued. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Pro -Tern Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda. New Business items A and E were withdrawn from the agenda. New Business item H was added. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING AT 6:10 P.M. A. 1.a) Motion to read by title only proposed Ordinance No. 787 regarding Council Member Oliver moved to read by title only proposed Ordinance No. 787 regarding procedures of election of procedures of election of chairpersons to citizens' boards - City chairpersons to citizens' boards; seconded by Council Member Chandler. Attorney (Exhibit 1). b) Vote on motion to read by title only, VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 787 by title only. Attorney Cook read proposed Ordinance No. 787 by title 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 adopt proposed Ordinance No. 787. Council Member Oliver moved to adopt proposed Ordinance No. 787; seconded by Council Member Chandler. APRIL 16, 2002 - REGULAR MEETING - PAGE 4 OF 9 311 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. Mayor Pro -Tern Watford asked whether there were any comments or questions from the public. There were none. There was a brief discussion between the Council and Staff, asking again why the Chairperson would be voted on in May. Attorney Cook responded that members terms end in April and any new members start in May, making this the best month to handle it. VOTE KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR PRO-TEM CLOSED PUBLIC HEARING 6:13 P.M. A.1.a) Moved to read by title only and set May 7, 2002 as a public hearing Item was withdrawn from the agenda. date for proposed Ordinance No. 775 regarding revisions made to the Adelphia Franchise Agreement - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 775 by title only. 2. a) Moved to approve the first reading of proposed Ordinance No. 775. b) Discussion. c) Vote on motion. 312 APRIL 16, 2002 - REGULAR MEETING - PAGE 5 OF 9 AGENDA IX. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE B. 1. a) Motion to read by title only and set May 7, 2002 as a public hearing Council Member Chandler moved to read by title only and set May 7, 2002 as a public hearing date for proposed date for proposed Ordinance No. 788 amending the Land Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses; seconded Development Regulations (LDR's) pertaining to nonconforming uses by Council Member Oliver. - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 788 by title only. Attorney Cook read proposed Ordinance No. 788 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 788. III Council Member Chandler moved to approve the first reading of proposed Ordinance No. 788; seconded by Council Member Williams. b) Discussion. III The Land Development Regulations address non -conforming uses, however it does not address transfer of ownership of a non -conforming use and this will correct that. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 16, 2002 - REGULAR MEETING - PAGE 6 OF 9 313 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. C.1. a) Motion to read by title only and set May 7, 2002 as a public hearing Council Member Chandler moved to read by title only and set May 7, 2002 as a public hearing date for proposed date for proposed Ordinance No. 789 regarding a rezoning from Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located Residential Single Family (RSF-1) to Heavy Commercial (CHV) at First Addition of Okeechobee, Lots 11 and 12, Block 216; seconded by Council Member Williams located at First Addition of Okeechobee, Lots 11 and 12, Block 216 - City Attorney (Exhibit 4). VOTE b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 789 by title only. Attorney Cook read proposed Ordinance No. 789 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 789. III Council Member Chandler moved to approve the first reading of proposed Ordinance No. 789; seconded by Council Member Oliver. b) Discussion. There was a brief discussion as to whether this site would be better suited for light commercial rather than heavy commercial. City Planner, John Dulmer advised that there is an existing trend that the entire block along Parrott Avenue has been rezoned to heavy commercial and that the proposed used would not impact the abutting residential area. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 314 APRIL 16, 2002 - REGULAR MEETING - PAGE 7 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. D.1. a) Motion to read by title only and set May 7, 2002 as a public hearing Council Member Oliver moved to read by title only and set May 7, 2002 as a public hearing date for proposed date for proposed Ordinance No. 790 amending Section 32 of the Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointment rather than public election to Charter Laws providing for appointment to the office of the City the office of City Clerk; seconded by Council Member Williams. Clerk - City Attorney (Exhibit 5). VOTE b) Vote on motion to read by title only. KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 790 by title only. Attorney Cook read proposed Ordinance No. 790 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2. a) Motion to approve the first reading of proposed Ordinance No. 790. III Council Member Oliver moved to approve the first reading of proposed Ordinance No. 790; seconded Council Member Chandler b) Discussion. III Council noted that this is the first step. If the ordinance is approved at the public hearing, it will then go on the ballot for a Special Election on September 3, 2002. c) Vote on motion. VOTE KIRK - ABSENT CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 16, 2002 - REGULAR MEETING - PAGE 8 OF 9 315 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. E. Motion to appoint Bryan Stokes as a Trustee to the Firefighters' Item was withdrawn from agenda. Pension Board, term beginning May 1, 2002 and ending May 1, 2005. F. Motion to award a bid to Big Lake Roofing, Inc., in the amount of Council Member Oliver moved to award a bid to Big Lake Roofing, Inc., in the amount of twenty-two thousand, eight twenty-two thousand, eight hundred forty-five dollars ($22,845.00) hundred forty-five dollars ($22,845.00) for a new roof for the City Barn; seconded by Council Member Chandler. for a new roof for the City Barn - City Administrator (Exhibit 6). There was a brief discussion regarding this item. Council instructed Staff to bring a change order for their consideration 11 at the May 7, 2002 meeting regarding the terms and length of the warranty. KIRK - ABSENT CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discussion regarding a Code Enforcement issue pertaining to Mr. Ronnie Lawrence appeared before the City Council requesting specific interpretations for maintaining fences and guidelines for maintaining fences and shrubs - Ronnie Lawrence shrubs as they relate to citing property for a code violation. Attorney Cook reminded the Council that they cannot (Exhibit 7). address Mr. Lawrence's specific citations because such issues have to go before the Code Enforcement Board. Council can only discuss polices and guidelines. Following a lengthy discussion between Mr. Lawrence, Attorney Cook and Council, Mr. Lawrence gave Attorney Cook a copy of a Land Use Agreement allowing him time to research how the agreement will effect Mr. Lawrence's code violation. Mr Lawrence was advised that he will need to address the Code Enforcement Board regarding the cutting of bamboo that is in the visibility triangle on another piece of property he was cited for. The last issue Mr. Lawrence had was the fact that City workers came and cut down a tree without any notice to him. The tree in question was in the City right of way, However, Mayor Kirk suggested to Staff that when they are able, they should give property owners a courtesy notice prior to such removals from City right of ways. 316 APRIL 16, 2002 - REGULAR MEETING - PAGE 9 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. ITEM ADDED TO THE AGENDA: H. Motion to adopt proposed Resolution No. 02-5 authorizing the expansion of health care benefits - City Attorney (Exhibit 8). X. ADJOURN MEETING - 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 INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY EVIDEN UPON WHICH THE APPEAL I BE BASED. ATTEST: E. Kirk, Mayor Council Member Chandler moved to adopt proposed Resolution No. 02-5 authorizing the expansion of health care benefits; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 02-5 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXPANSION OF HEALTH CARE BENEFITS PROVIDED BY THE CITY TO EMPLOYEES, DEPARTMENT HEADS MEMBERS OF THE COUNCIL, AND OTHER CLASSES OF AGENTS OR EMPLOYEES; PROVIDING FOR INCLUSION INTO HEALTH CARE COVERAGE AS DETERMINED BY THE CITY COUNCIL AND SUCH INSURANCE PROVIDER AS MAY CONTRACT WITH THE CITY; PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook addressed the Council regarding the proposed Resolution, He stated that this will allow City Staff to inquire whether the existing health care insurance contract can be amended to include the City Attorney and what the cost would be to add him. The amendment would have to come back to the Council and determine whether the City or City Attorney would pay for the additional coverage. 1yel-0 KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:15 p.m. Bonnie S CIVIC, City Clerk 1J • PAGE -1- City of Okeechobee - April 16, 2002 - Regular City Council Meeting Handwritten Minutes I. CALL TO ORDER - Mayor: April 16 2002 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaquith; Pledge of Allegiance led by Mayor. ��-.✓!/✓�K�LG=Qi.n. /� �! '°� �t fz.[.z� ./'�?�4.Lc� q LG-Z�i 21:.�% <� :%��-c. C h..'v�tC�� — /Y-� � ql �l%:Pt�3 cvr�' (�.Dc�'�f III. MAYOR, COUNCIL AND §TAFF ATTENDANCE - City Clbrk. 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 Present Absent i/ IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 21 - 27, 2002 as WHEREAS, as our City continues to make strides in reducing the crime rate, we must remember that there are still far too many victims of crime. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at large; and WHEREAS, we recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us, policymakers, those in the criminal justice system, counselors, clergy members, and members of the general public, do what we can to Bring Honor to Victims, responding to victims of crime compassionately and respectfully; and WHEREAS, while our City has adopted laws to protect the rights of victims of crime and provide them with certain essential services, all of us must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as well. Let us acknowledge that, just as government must be open to its citizens, so our system of justice must be open to victims of crime. In the year 2002 and beyond, let us Bring Honor to Victims and create a world where respect and dignity will be basic rights for everyone victimized by crime, and where those responsible for implementing the rights of victims are accountable for their actions; and WHEREAS, through public and private efforts, our community has already taken important steps to ensure that our treatment of victims helps them to begin the healing. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also, to build a better, more just community. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 21 - 27, 2002 Crime Victims' Rights Week, and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. _� t - l Gzze PAGE -2- V. MINUTES - City Clerk. A. Council Member��— moved to dispense with the reading and approve the Summary of Council Action for the April 2, 2002 Regular Meeting; seconded by Council Member,C5 a . VOTE YEA NAY ABSTAIN ABSENT KIRK --7> CHANDLER OLIVER C WATFORD WILLIAMS � MOTION 16ARR6 - DENIED VI. WARRANT REGISTER - City Administrator A. Council Member 60 moved to approve March, 2002 Warrant Register in the amounts: General Fund two hundred seventy-one thousand, seven hundred fifty-four dollars and forty-three cents ($271,754.43); Public Facility Improvement Fund four thousand, one hundred eighty-one dollarsi and twenty-five cents ($4,181.25); Capital Projects Fund eight hundred dollars ($800.00); Industrial Development Fund two thousand, five hundred dollars ($2,500.00) and Law Enforcement Special Fund six hundre Ixty dollars and twenty cents ($660.20); seconded by Council Member C (,y c,.' ,j�1.-z�,"� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS M ION ARR� - DENIED VII. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal fo items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Council Member ZfO moved to read by title only proposed Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards - City Attorney (Exhibit 1); seconded by Council Member - b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS -r; MOT N RI21ED - DENIED i 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. PAGE -3- 2.a) Council Member �' moved to approve the first reading of proposed Ordinance No. 787; seconded by Council Member ��. b) Public Comments. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS _� MOTION aARRIED - DENIED CLOSE PUBLIC HEARING - Mayor u PAGE -4- IX. NEW BUSINESS. / �T .l.a) Council Me r moved to read by title only and set May 7, 2002 as a public hearing date �{ for proposed Ordinance No. 775 regarding revisions made to the Adelphia Franchise Agreement - City Attorney (Exhibit 2); seconded by Council Member VU Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED c) City Attorney to read proposed Ordinance No. 775 by title only. "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 Member b) Discussion. c) Vote on motion. VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED PAGE -5- 6.1.a) Council Member moved by title only and set May 7, 2002 as a public hearing date for proposed Ordinance N . 788 ending the Land Deve opment Regu ations s pfri, to nonconforming use -City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARED - DENIED c) City Attorney to read proposed Ordinance No. 788 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member ' L moved toy pprove the first reading of proposed Ordinance No. 788; seconded by Council Member61 k1. b) Discussion. } c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION AR*ED - DENIED • PAGE -6- C.1.a) Council Member moved -to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No.89 garding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) locafed at First Addition of Okeechooee, Lots 11 and 12, Block 216 - City Attorney (Exhibit 4); seconded by Council Member C L' . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD - WILLIAMS MOTION CCA!jlED - DENIED s c) City Attorney to read proposed Ordinance No. 789 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member / l moved to approve the first reading of proposed Ordinance No. 789; seconded by Council Member . b) Discussion. k 1,L'�-< L'C` u. 'mot � l'� f n'"' -� -�� ;r,�,L.,,, u,c-LC;;.�L %"�C'��__•:�y`_�" _ iV— � d G. c) Vote on motion. VOTE YEAS NAY ABSTAIN ABSENI KIRK CHANDLER OLIVER WATFORD WILLIAMS M ION tED - DENIED i • PAGE -7- D.1. a) Council Member K6 . moved to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointmept tp thb office of the City Clerk - City Attorney (Exhibit 5); seconded by Council Member ll'' b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION (ARD - DENIED c) City Attorney to read proposed Ordinance No. 790 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 790; seconded Council Member. 7 b) Discussion. -- c) Vote on motion. VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS s MOTION CARRIED - DENIED PAGE -8- E. Council Member moved to appoint Bryan Stokes as a Trustee to the Firefighters' Pension Board, term beginning May 1, 2002 and ending May 1, 2005 (Exhibit 4); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED F.,Council Member _ moved to award a bid to Big Lake Roofing, Inc., in the amount of twenty-two thousand, eight hundred forty-five dollars ($22,845.00) for a new roof for the City Barn - �' City Administrator (Exhibit 6); seconded by Council Member Z2. � CJ / � a 4 4:✓L-GJzZ.. �i "//.;/['✓.f^, �.�- G? ///'i.G'�" I.�CJ V „U� ,_'. c� y .. VOTE YE/K NAY ABSTAIN ABSENT KIRK —� CHANDLER OLIVER WATFORD WILLIAMS MO ON ��R - DENIED PAGE -9- G. Discussion regarding a Code Enforcement issue pertaining to guidelines for maintaining fences and shrubs - Ronnie Lawrence (Exhibit 7). 3 -S 96 elc ,,,. Gib-1��/L'- -� `> fL Z4, et, lie 7 /j -� ( ,; -,t f 7 • CIA- PAGE-1- City of Okeechobee - April 16, 2002 - Regular City Council Meeting - Handwritten Minutes I. CALL TO ORDER - Mayor: W IV,Q&pril 16 2002 City Council Regular Meeting, 6:00 p.m. L 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 City Clerk S. Lane Gamiotea Present Absent v IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 21 - 27, 2002 as "Crime Victims' Rights Week". j1 Ji'tl lS G� �"q0ppl-- WHEREAS, as our City continues to make strides in reducing the crime rate, we must remember that there are still far too many victims of crime. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at large; and WHEREAS, we recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us, policymakers, those in the criminal justice system, counselors, clergy members, and members of the general public, do what we can to Bring Honor to Victims, responding to victims of crime compassionately and respectfully; and WHEREAS, while our City has adopted laws to protect the rights of victims of crime and provide them with certain essential services, all of us must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as well. Let us acknowledge that, just as government must be open to its citizens, so our system of justice must be open to victims of crime. In the year 2002 and beyond, let us Bring Honor to Victims and create a world where respect and dignity will be basic rights for everyone victimized by crime, and where those responsible for implementing the rights of victims are accountable for their actions; and WHEREAS, through public and private efforts, our community has already taken important steps to ensure that our treatment of victims helps them to begin the healing. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also, to build a better, more just community. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 21 - 27, 2002 Crime Victims' Rights Week, and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. �- \V1 PAGE -2- V. MINUTES - City Clerk. A. Council Member- ,C, moved to dispense with the reading and approve the Summary of Council Action for the April 2, 2002 Regular Meeting; seconded by Council Member 8Z . VOTE YEA NAY ABSTAIN ABSENT KIRK v� CHANDLER OLIVER WATFORD WILLIAMS v' MOTION RA RIED -) DENIED VI. WARRANT REGISTER - City Administrator A. Council Member b2 moved to approve March, 2002 Warrant Register in the amounts: General Fund two hundred seventy-one thousand, seven hundred fifty-four dollars and forty-three cents ($271,754.43); Public Facility Improvement Fund four thousand, one hundred eighty-one dollarss and twenty-five cents ($4,181.25); Capital Projects Fund eight hundred dollars ($800.00); Industrial Development Fund two thousand, five hundred dollars ($2,500.00) and Law Enforcement Special Fund six hundred sixty dollars and twenty cents ($660.20); seconded by Council Member C. VOTE YEA NAY ABSTAIN ABSENT D) KIRK t CHANDLER OLIVER v WATFORD WILLIAMS L MOTION RIED) - DENIED VII. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal fo items on today's agenda. I `-i rn Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor (r: A.1.a) Council Member moved to read by title only proposed Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards - City Attorney (Exhibit 1); seconded by Council Member Q0_ . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIE - 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. • PAGE -3- �1 2.a) Council Member I'} moved to approve the first reading of proposed Ordinance No. 787; seconded by Council Member IM, b) Public Comments. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER ✓ WATFORD WILLIAMS MOTION ��RRIEP - DENIED CLOSE PUBLIC HEARING - Mayor' _` u E PAGE -4- IX. NEW BUSINESS. A.1.a) Council Member moved to read by title only and set May 7, 2002.as a public hearing date for proposed Ordinance No. 775 regarding revisions made to the Adelphi, Franchise Agreement - City Attorney (Exhibit 2); seconded by Council Member ✓ b) Vote on motion to read. by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED c) City Attorney to read proposed Ordinance No. 775 by,*(e only. "AN ORDINANCE GRANTING A FRANCHISE TO TELESAT ACQUISITION LIMITED PARTNERSHIP TO CONSTRUCT, OPE TE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF,KEECHOBEE, FLORIDA (THE CITY); SETTING FORTH CONDITION0,ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FORGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PEN TIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCO." 2. a) Council Member moved to applbve the first reading of proposed Ordinance No. 775; seconded by Council Member . ,j b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED - DENIED PAGE -5- v 6.1.a) Council Member Q, moved to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 3); seconded by Council Member _b - b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ✓ OLIVER WATFORD WILLIAMS MOTIO ARRIE —DENIED c) City Attorney to read proposed Ordinance No. 788 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member - . moved to approve the first reading of proposed Ordinance No. 788; seconded by Council Member_. b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER �.. OLIVER c/ WATFORD WILLIAMS MOTI CARRIED — DENIED PAGE -G- C.1.a) Council Member N) Q-.- moved to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located at First Addition of Okeechobee, Lots 11 and 12, Block 216 - City Attorney (Exhibit 4); seconded by Council Member —CU). b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION RRIED DENIED c) City Attorney to read proposed Ordinance No. 789 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2.a) Council Member h)L moved to approve the first reading of proposed Ordinance No. 789; seconded by Council Member 0 . b) Discussion. (-L �LZv 1 L LEI L U L �Ii 1Cys j tCC LCAkS_ Lit sir I) Ltnll (J C UU21 WLiL(_d' L4 'K-d a �ja� " (� k-b L vl hc t,U r,lL c1- ,il CC=L , c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER v WATFORD WILLIAMS MOTION ARRIED�- DENIED 1IPAGE -7- D.1. a) Council Member M, moved to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointment to the office of the City Clerk - City Attorney (Exhibit 5); seconded by Council Member � w . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER ✓ WATFORD ✓ WILLIAMS MOTION PXRRT0 DENIED c) City Attorney to read proposed Ordinance No. 790 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 790; seconded Council Member Lk, . b) Discussion. U c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ✓ OLIVER WATFORD WILLIAMS MOTIO `CA� - DENIED PAGE -8- E. Council Member moved to appoint Bryan Wes as a Trustee to the Firefighters' Pension Board, term beginning May 1, 2002 an nding May 1, 2005 , seconded by Council Member r, VOTE YEA MAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION CARRIED — DENIED F. Council Member PE moved to award a bid to Big Lake Roofing, Inc., in the amount of twenty-two thousand, eight hundred forty-five dollars ($22,845.00) for a new roof for the City Barn - City Administrator (Exhi#it 6); seconded by Council Member _. tV,� °r l - - to ct -K L�-hZ 1 fJZtC T. .-_ rJ� k��-��,1�`_ (�.? `--�.� ..:'`.1 '�.�/�✓ S- .Lir`�. / Vk., ` �y�, ��1.�N L�..:l ( �.'�C) t'1?Ccc. fY CL��l°Ll`: uq) C,� LLI�-��\_ �. l_��_tL�-"'i.. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER z — OLIVER c1— WATFORD WILLIAMS �--' MOTION ARRI - DENIED �J • PAGE -9- 1 G. Discussion regarding a Code Enforcement issue pertaining to guidelines for maintaining fences and shrubs - Ronnie Lawrence (Exhibit 7). 0 CLLL( Lt4 i C f 0 Ju W btt�'- C!Pc-�dcl �A\ C. - �' _7 4 (1 d-t Ulo C' -,v- ccl-yu Lccu- 7u� ct ' 'u'D&IL ct��u'trr'f X'hit. I'LL L L C It-L ELL uk- C-L, vc� �i ha'a K I - f-D[\" too, 'k- (Y' c ------------------- AFFIDAVIT OF PUBLISHER OKEECHOBEE TINIES 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 PI IRI ICNOTIC'F PC) # 1 1712 in the matter of City Council Meeting Notice CITY OF OKEECHOBEE 55 SE Third Avenue Okeechobee FL 34974-2932 863-763-3372 In the Court, was published in said newspaper in the issues of 04-11-2002 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 me this day of A.D. 2002 O�pJzy a&e!'� OFRCIALNO bllc ROSEALEE A BRENNAN t '► COMMISSION NUMBER CC 940770 9r�OFfIO�\O MY COMMISSIONE)PRES .II INF 95 9)AAA CITY OF OKEECHOBEE APRIL 16, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER - Mayor: April 16, 2002, 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 21 - 27, 2002 as "Crime Victims' Rights Week". V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 2, 2002 Regular Meeting. APRIL 16, 2002 - CITY COUNCIL AGENDA - PAGE 2 OF 5 VI. WARRANT REGISTER - City Administrator A. Motion to approve March, 2002 Warrant Register. General Fund $271,754.43 Public Facility Improvement Fund $4,181.25 Capital Projects Fund $800.00 Industrial Development Fund $2,500.00 • Law Enforcement Special Fund $660.20 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 787 regarding procedures of election of chairpersons to citizens' boards - City Attorney (Exhibit 1). 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 adopt Ordinance No. 787. b) Public Comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. APRIL 16, 2002 - CITY COUNCIL AGENDA - PAGE 3 OF 5 IX. NEW BUSINESS. A.I.a) Motion to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 775 regarding revisions made to the Adelphia Franchise Agreement - City Attorney (Exhibit 2). 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.1.a) Motion to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 788 amending the Land Development Regulations (LDR's) pertaining to nonconforming uses - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 788 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 788. b) Discussion. c) Vote on motion. APRIL 16, 2002 - CITY COUNCIL AGENDA - PAGE 4 OF 5 IX. NEW BUSINESS CONTINUED. C.1.a) Motion to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 789 regarding a rezoning from Residential Single Family (RSF-1) to Heavy Commercial (CHV) located at First Addition of Okeechobee, Lots 11 and 12, Block 216 - City Attorney (Exhibit 4). b) Vote on motion to read by title only. • c) City Attorney to read proposed Ordinance No. 789 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 789. b) Discussion. c) Vote on motion. D.1.a) Motion to read by title only and set May 7, 2002 as a public hearing date for proposed Ordinance No. 790 amending Section 32 of the Charter Laws providing for appointment to the office of the City Clerk - City Attorney (Exhibit 5). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 790 by title only. • 2.a) Motion to approve the first reading of proposed Ordinance No. 790. b) Discussion. c) Vote on motion. APRIL 16, 2002 - CITY COUNCIL AGENDA - PAGE 5 OF 5 IX. NEW BUSINESS CONTINUED. E. Motion to appoint Bryan Stokes as a Trustee to the Firefighters' Pension Board, term beginning May 1, 2002 and ending May 1, 2004 - Chief Tomey F. Motion to award a bid to Big Lake Roofing, Inc. in the amount of $22,845.00 for a new roof for the City Barn - City Administrator (Exhibit 6). • G. Discussion regarding a Code Enforcement issue pertaining to guidelines for maintaining fences and shrubs - Ronnie Lawrence (Exhibit 7). X. 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. EXHIBIT 1 ^- • • APRIL 16 AGENDA ORDINANCE NO. 777 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 2' 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 Apr 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of V,) IS �rU� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week 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 she 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. Sw t nd subscrieffbre me this .S' day of �4 6_W11 A.D. 20 0 NOTICE OF PUBLIC HEANIlil� CITY OF OIEECHOSEE,,FLOHIU PLEASETAKE NOTICEthatthicdy. Council of the Chy, of Okeechobee, Florida, will on Tuesday, April 16, 2002 at &00 p.m., or as soon thereafter as possible, at City Had, 55 SE 3rd Avenue, Okeechobee. Fi. conduct a PUBLIC: HEARING on and thereafter consider final Mad- ing of the tollowinrpp OMrenc�e kilo , law: NO.7dT-AN OR0INANCE OF THE CITY ':OF OWCH W I. FLORIOA AdB1O1N0 W10 DE VELOPMENf'.a::,•REOULA7Nd18 1 FOR:ANEFF&T1YEUA7E�'_' All.meMbOM oLft Oft an eo-; couprreagqeedd..to allend and parddpale In saidluarft Thq proposed OOtNd44-- nra�nccebymay be Inspected In its en- tlrof the, public In an�eulllafrdcs hours; rang d9. IN Lft - 4'.30.p M.,, G* 9 I such puryo:ete mmaayy new M moss a rerbedm recort.of the proceed ings la'made- whi h Telawd in- cludes thatesdmony and evidence upon which the appeal Is to be based. City Clerk tapes are for the. sole purpose of badmp for offkdel records of the Clark In accordance with the Americans with 26sBpersons and wlUh disabuhles needing special accom- modadon"to participate In this pm - deeding , should contact Bonds . ,-,Thomaspp�ayyss � t� two (2)'o (6fi3)7hearfnp6&M72_ or voice impaired, w � iOD t863)534-7777, or Florida Relay ervh 5cs 1-800-955-9770. BONNIE S, THOMAS, CMC, 'CITY CLERIE 275835 -!ON AIM2 " Notary Public, State of Florida at Large .1pRv�p�B%� Karmen R. Brown 2� ZCornmission # CC 902300 Expires Jan. 17, 2004 9''•O � OfFV�:` Bonded Thru '•"'w Atlantic Bonding Co., Inc. • ORDINANCE NO. 775 • EXHIBIT 2 ^- APRIL 16 AGENDA 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. 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 whole or in part, to the provisions of Title II of the Communications Act, 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 "C" 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 "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 "EgIg" 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, 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, 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 bythe 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 fi#teem(15) ten 10 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 three hundred (300) one hundred fifty (150) two hundred (200) feet of Adelphia's distribution platfit 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 Quality. 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 A. The Grantee shall make available upon request for use by the City, without charge, one (1) activated channel for non-commercial governmental programming, non-cornmereffial public see pregrammft 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. n[+. .fl: _:'__al.. I Ia:1:__A9' ...:11 L...A.....Y —A +— .w;n4... k__ 4he frc-+ nh nnncl ie 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 channel time or playback of locally produced live or pre-recorded programming on the access channel required in paragraph A. D. Grantee may establish rules pertaining to the administration of the access channel required in paragraph A. E. Adelphia herebv aarees to provide the City 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 City acknowledges 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 City on the Third anniversary of grant of this franchise and each three years 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 and 9" equipment installed or On place On streets and other publie plaees. 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 comalete 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 verifv aross revenues and Davment 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 Cif/ 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 opportunity to participate in and ih the Gity; 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. 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 injury. 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 Company shall furnish a bond in the sum of five 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 Company. 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 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. Beesuse the Gity may suffer damages frorn any violation by Grantee of the Franehise, whi darriages may be difficult to quantify, the Gity and Grantee agree t the failure to eamply with any material provision of this Franehise of Page 15 of 20 URFALT" wpm._ :. ; ."- • :. : ; Mwt .. .. :: .. .. : : 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 L 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 provisions of this seetion shall only apply sale or transfer of steek in Gramtee so as to ereste a new eomtrelling 8 Merest. The term to the ss'e or tramsfer of a'! or a majority of Gramtee's assets, merger 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 • 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 purpos - - Mi MEN ME ;Ell ;: -; li; v'_ - 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 11 • 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 0 • EXHIBIT 3 — APRIL 16 AGENDA ORDINANCE NO. 788 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 716 for the City of Okeechobee, Florida, in section 750 thereof, provides for the recognition of, continued use of, and restrictions pertaining to, certain non -conforming uses of real property in the City that existed at the time of adoption of the ordinance; and WHEREAS, the intent of said ordinance being to gradually bring all nonconforming land uses within the City into compliance with current zoning and land use regulations in the City, the enforcement of which will benefit the City and the public as a whole by the uniform development and use of lands within the City; and WHEREAS, the current land development regulations do not provide for certain contingencies in relation to continuance of nonconforming land and structure uses within the City, and it is in the best interests of the City and the general welfare of the public to amend the regulations to amend said ordinance; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at duly noticed regular meeting thereof, as follows: SECTION I. THAT Section 750 of Ordinance 716, Land Development Regulations, subsection 754 thereof, is amended by deleting same, and in its place and stead, the following is adopted and approved by the City of Okeechobee: 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 1. CHANGE OF NONCONFORMING USE OR STRUCTURE A nonconforming use or structure may be changed to a conforming use or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use or structure within the City are sold, assigned or in any manner transferred from the name of the record owner of said lands, as such ownership is recorded with the Clerk of the Circuit Court or Property Appraiser for Okeechobee County, such nonconforming use or structure shall not be permitted to be likewise transferred, and said Page 1 of 2 nonconforming use or structure thereon shall then be brought into compliance with all current requirements of City Codes and these Land Development Regulations, and such future use or structure shall be either a permitted use or structure within the district regulations, or after approval a special exception use or structure within the district. SECTION 11. SEVERABILITY Should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance, be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. SECTION Ill. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the 7" day of May, 2002. INTRODUCED for first reading and set for final public hearing on this 161' 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 71' day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • ExHIBIT 4 - APRIL 16 AGENDA ORDINANCE NO, 789 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.309 acre(s) from Residential Single Family (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Lots 11 and 12, Block 216, First Addition of Okeechobee, according to the Plat thereof, recorded in Plat Book 5, Page 6 of the Public Records of the County of Okeechobee, State of Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT Page 1 of 2 • • All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 16"' 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 7"' day of Mav, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 Staff Report- Rezoning Request From RSF-1 to CHV Petition No.02-001 R Prepared fog: The City of Okeechobee 0 . Applicant: DRW Investments LLC 410 SE 2"d Avenue Okeechobee, Florida 34974 Legal Description of Subject Property: I - I Lots 11 & 12, Block 216, First Addition of Okeechobee, according to the Plat thereof, recorded in Plat Book 5, Page 6 of the public records of the County of Okeechobee, State of Florida Item before the Planning B•. • The matter for consideration by the Planning Board, is an apdplication by DRW Investments LLC, petition number 02-001-R, with the mailing address being 410 SE 2" Avenue, Okeechobee, Florida 34974, for a change in zoning from Residential Single Family One (RSF-1) to Heavy Commercial (CHV). Background: The subject property is approximately .309 acre(s). The applicant intends to develop the property as a professional office. This development will have public utilities. Adjoining property uses are as follows: North: Residential South: Commercial (newspaper) East: Residential West: Commercial (Arby's Restaurant) Consistency with Land Development Regulations: When recommending whether or not to rezone a classification of land, the Planning Board shall consider, where applicable, the following factors: The proposed use is not contrary to Comprehensive Plan requirements No. The property has a Future Land Use Map designation of Commercial. Currently, two adjoining properties have Commercial uses. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes. The proposed use is a professional office. This is permitted within the Heavy Commercial zoning district. The proposed use will not have an adverse effect on the public interest. No. The property currently has a Commercial Future Land Use designation. The proposed use is low intensity and should not have any adverse affect upon adjacent residential properties. • 0 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes. The proposed use is appropriate for the location proposed. Property to the west and south are commercial and property to the north and east is residential. The low intensity commercial use is consistent with land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. No. The proposed use is consistent with adjacent property and will not create negative affects on adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood N/A. Because the proposed use will utilize an existing house, there will be no need for buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No. The proposed use will not overburden public facilities. The existing structure to be used, will not be an increase in the demand of the public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No. The proposed use will not have a negative affect on any of these areas. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No. There have been no restrictions placed upon the proposed use. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Yes. The request is consistent with the Comprehensive Plan and will not grant a special privilege to the applicant. Consistency• The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map. As such, the proposed use is consistent with the Comprehensive Plan. Assessment • • • Based on the above criteria being met, the request should be approved as it is consistent with the Comprehensive Plan and Land Development Regulations in force at time of application. Submitted by. - James G. LaRue, AICP Planning Consultant 3/21 /02 CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 941-763-3372 FAX: 941-763-1686 Date 5_0 9 Petition No. -C)O 1- Jurisdiction.?L / / Fee Paid: $ C0 Notices Mailed: 3-8-o 1st Hearin 3 -,9 U 2nd Hearing: • —8 -0-_ 3 — Uniform Land Use Application (Please attach separate sheets for reauired additional hnfnrmatinn ) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. z Name of property owner(s): R W LN✓i gTM FM S LL U Mailing address: %y qv C 0/l 3 `( aProperty address: y {--�— d Name of applicant, if other than owner (state relationship): -*0,j� 0 Lx� t C nw P f: PLEASE ATTACH LEGAL DESCRIPTION See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information. Future Land Use Map designation: C p M M — Current Zoning Classification: Approximate acreage or square feet: 131 N p9 0'�Sf Part of platted subdivision? y�-S Type and gross area of any existing non-residential uses on site: Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: } 2,SpO Sf Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: CIA F a eO Is there a current or recent use of the property that is/was a violation of City Ordinance? o Yes XNo a 0" If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? 12 Yes �qqo If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: p- a ctA) Cq,, w� �East: fL a. e;5rA V7- f C L 01— South: Omit V- West: ga_e3 k, , S 2 E31 Check type of application, complete appropriate sections, and sign reverse side of application. See Resolution 98-10:4 "STATEMENT OF USE" for required nrltiitinnnl infnrmntinn Proposed Zoning Classification: C O r�ft 1-Av w If granted, will the proposed zoning classification be contiguous with a like zone? rk p When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY IMPACT ANALYSIS", and 11 "SIGN PLAN' (where applicable), for required additional information f (Over) • For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "SITE PLAN" for required additional information. Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number. See Resolution 98-10:10 "PUBLIC FACILITY R PACT ANALYSIS" for required additional information. Supplementary supporting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: O E= Demonstrate that the proposed location and site is appropriate for the use: a U Demonstrate how the site and proposed buildings have been designed so they are compatible with W the adjacent uses and the neighborhood: Pi Demonstrate any landscaping techniques to visually screen the use from adjacent uses. U a. Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public oZ nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the im ace of traffic generated will be handled off -site and on -site: nther Describe the Variance sought. Supplemental supporting information: W U Q Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site: a Specify the minimum variance requirement including: height, lot area, size of structure, size of yard, setback, buffer or open sace: Other - Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: ,.q Reasons for requesting appeal of decision: d a a d Sup lementary supporting information: II CONFIRMATION OF INFORMATION ACCURACY II I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars ($500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application. ' � G S isnature Date Rev: 11/98 D.R.Willson Land Company COMMERCIAL REALTY SERVICES & DEVELOPMENT APPRAISAL, BROKERAGE, CONSULTING REAL ESTATE DEVELOPMENT PLEASE REPLY TO D. ROBERT WILLSON, MAI APPRAISAL LAND USE & ST. CERT. GEN. REA 0001521 ACQUISITION ZONING CHANGES 410 SE Second Avenue LIC. REAL ESTATE BROKER DISPOSITION Okeechobee, Florida 34974 www.Iandco.cc CONSULTING LEASING SPECIAL EXCEPTIONS DEVELOPMENT (863) 763-0999 Fax # (863) 763-1945 E-mail Address: E-maildrwmaiAddress: February 25, 2002 TO: City of Okeechobee RE: Zoning Change Request As owner of the property described in enclosed application, please accept this as my request for a zoning change. The property has Land Use Classification of Commercial. However, the zoning is currently a non -conforming classification of RSF. I am requesting a change in zoning concurrent with the Land Use, from RSF to _L} IAA v y (f0,nw)W V\2C b11-_ The property has a poor residential history, is adjacent to a fast-food restaurant, and within 200 feet of US Hwy 441. The proposed use is that of a small professional office, single -user. I thank you for your consideration of this matter. D. Robert Willson, MAI President DRW Investments, LLC D.R. Willson Land Company tip 6 09 . uis0 46 4 PACE 18 7 7 P,leoared by end relut014: JOHN D. CASSELS, JR. Attomey at Law Cassels S McCall P.O. Box 968 400 NW Second Stroet Okeechobee, FL 34973 File No.: 9941 Grantee S.S. No. Parcel Identification No. 3-21.37.35-0020-02160.0110 Docunlein fy Stamps paid In the amount of S 609-00 Claw C Irrtanobte Tax paid In the amount of $ ---0— Sharon Robertson, Clerk of Circuit Court Okeechobee Courtly. Florida By;fjl� �/// MZ- D.C. Date: .l�o/ !Space Above This Line For Recording Datal Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 9th day of November, 2001 Bethvicen KATHLEEN E. DODD, a married woman whose post office address Is 8245 Ibis Club Drive, Apt. 408, Naples, FL 34104 of the County of Collier, State of Florida, grantor*, and DRW INVESTMENTS, LLC, a Florida Limited Liability Company whose post office address is 410 SE 2nd Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and In consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 11 and 12, Block 216, FIRST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 6, of the Public Records of Okeechobee County, Florida. This property does not constitute the homestead of the Grantor. Grantor resides at 8245 Ibis Club Drive, Apt. 408, Naples, Florida 34104. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. ' "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witne Name: n Witness Name: r /i /10 5- ME aeae State of Florida County of Okeechobee ✓ The foregoing instrument was acknowledged before m tl is I day orN ember, 2001 by KATHLEEN E. DOOD, who [,_J is personally known or Dias produced as identification. [Notary Seal] Notary P tblic Printed am Q AM f410 k OffiLIAL NOraYSfi 1L My Commissinn Exp res: KARIN AMMONS NOTARY 1'UBIJC STATE OF FLORIDA Comm ION NO. CC&68M MYCO FXp. FILED FOR RECORD 3 6 0 5 2 Ll 2001 !im, —9 P[t G- ] 0 SHARON ROBER T501! CLERK OF CIRCUIT COUR I EIecAnic Articles of Organiza*n L01000019027 For FILENovember 05, 2001 Florida Limited Liability Company Sec. Of State Article I The name of the Limited Liability Company is: DRW INVESTMENTS, LLC Article H The street address of the principal office of the Limited Liability Company is: 410 SE 2ND AVENUE OKEECHOBEE, FL. 34972 The mailing address of the Limited Liability Company is: 410 SE 2ND AVENUE OKEECHOBEE, FL. 34972 Article III The name and Florida street address of the registered agent is: D. ROBERT WILLSON 410 SE 2ND AVENUE OKEECHOBEE, FL. US 34972 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my positi(i as registered agent. Registered Agent Signature: D. ROBERT WILLSON Signature of member or an authorized representative of a member Signature: D. ROBERT WILLSON 10 1575 142.5 1 10- 8 LLJ r 9 3 w Q 10 4 3 11 5 � z v1j� iin 2 142.5 6 1 �I CD LW z 47.5 37 5 47.5 10 3 2 1 CD 7 9 10 11 0 9 in 142.5 47.5 475 v z z z W Q z 250 50 6 ID 17 120 4 0 L 217 IR 1 5 142 5 f o iI 70 50 50 Un 9 8 7 a] I 10 11 12 50 50 142.5 1 i, 2 3 4 5 6 142.5 47.5 1425 in 1 1 142.5 CD Ln 4 5 6 7 � ✓I 9 142,5 0 0 47�5 4 T 5 3 2 1 in cu S�W� TH STE"' W 142.5 4 5 IF- 6 IL 7 8 in 9 142.5 47.5 47,5 3 2 1 i s I Ln ClJ v 10 11 12 47.5 1 47.5 0 n 142.5 47.5 47.5 in 4 3 2 1 z W Q z BOUNDARY SURVEY LOCATED IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION Lots 11 and 12, Block 216, FIRST ADDITION TO OKEECHOBEE FLORIDA, according to the plat thereof as recorded in Plat Book 5, Page 6, Public Records of Okeechobee County, Florida. 11.q-ti'ossr- SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, according to FIRM panel no. 120177 0200B, dated 2-4-81. Address: 410 SE 2ND AVENUE, OKEECHOBEE, FL LOT 3 Fp 1' PIPE IN e' GGNE PREPARED FOR: D. ROBERT WILLSON LOT 1 15' ALLEY N89'59'24"E 94.86' _ N90'00'00"E _ J / 47 M I I 47.43' M - J 35.00' — — 47.5' .5' P i i 47.5' P . J/ 1 ET s/e' lac u wxs I. I� I� IR I I I I I I 0 BLOCK 216 FIRST ADDITION TO OKEECHOBEE FLORIDA o PS 5, PC 6 OKEECHOBEE COUNTY, FLORIDA SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey Z of the hereon described property is true and correct to the best of my knowledge and belief as surveyed in the field under my direct supervision. Subject to the qualifications noted hereon. CERTIFIED TO ONLY THE FOLLOWING PARTIES: D. ROBERT WILLSON RIVERSIDE NATIONAL BANK OF FLORIDA, ITS SUCCESSORS AND/OR ASSIGNS LAW OFFICE OF CASSELS AND McCALL, INC. ames R. Almond, PSM ATTORNEYS TITLE INSURANCE FUND, INC. Professional Surveyor —Mapper COMMONWEALTH LAND TITLE INSURANCE COMPANY Florida Registration No. LS5081 LOT 10 M i N 07.770'I I ------- -------- 2ZW 0.2'E aF UNE $ CONIC 0.310 ACRES t e.10' — ---------- 25.70' 8 �a I SQi CY s µ t TORY CONCR E BLOCK RES DENCE I F $ _ e.eo• �_ ,ey I (2 z rp N m zesi u.xo' r nl� 0 o - -- 8 28.0. zeaG' o o O voLli I I I I I N 1 LOT 11 LOT 12 a a W 7 WELL I I 1 I sD s/e• IN �1> W N Q l 0 47.5' P i 4D.5' P 47.33 M I 4),.33" M S89'52'41"W 94 66' sPmNr z I uP V Ia svmNr 0 F l o �LLJ O I EDGE of 20' ASPN&T PAE W I �/ / SURVEY DATE: OCTOBER 24. 2001 Im 7 FORMERLY FOURTH STREET R/W SE 5TH STREET nas eue a SNOE m ro NFJSlINE 1 nN:N Loac _ — — 12 _. AT TIE eEN $NOON. E X YLesUNEe ONSERENTY — — —� — -- — — _— ENIARGE OR amucc .ccoaolNGLY. 589'52 41 "W CITY OF OKEECHOBEE PLANNING BOARD MARCH 26, 2002 SUMMARY OF BOARD ACTION AGENDA ACTION - DISC I. CALL TO ORDER - Chairman. Planning Board, March 26, 2002, 7:00 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. • Chairman Jerry Walker Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Board Member Frank Mueller Alternate Daniel Creech Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold III. NEW BUSINESS. • A. Rezoning Petition No. 02-001-R. Consider a recommendation to the City Council to rezone 410 Southeast 2"d Avenue from Residential Single Family 1 (RSF-1) to Heavy Commercial (CHV) (Legal: Lots 11 and 12 of Block 216; First Addition to Okeechobee Subdivision). The property owner and applicant is DRW Investments, LLC. Page 1 of 3 N - VOTE Chairman Walker called the March 26, 2002 Planning Board meeting to order at 7:03 p.m. Board Secretary Arnold called the roll: Present Present Present Present Present Present Present Absent (without consent) Present Present Present John Dulmer, City Planning Consultant described petition and gave a brief description of the subject property and surrounding area. He explained that the applicant is using an existing facility and due to that, the proposed business should have no impact on the surrounding properties. The requested change is consistent with the Comprehensive Plan requirements, is specifically authorized under the zoning district in the Land Development Regulations, will not have adverse effect on the public interest, the use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property, the proposed use will not create a density pattern that would overburden public facilities such as schools, street, and utility services the proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, the proposed use has not been inordinately burdened by unnecessary restrictions. March 26, 2002 - Planning Board - Page 2 of 3 AGENDA ACTION - DISCUSSION - VOTE III. NEW BUSINESS CONTINUED. A. Rezoning Petition No. 02-001-R. Continued. Staff recommends that the Planning Board recommend to the City Council to grant approval for Petition 02-001-R, change the existing classification of Residential Single Family 1 (RSF1) to Heavy Commercial (CHV) zoning, located at 410 S.E. 2°d Avenue. The Board discussed the difference between Heavy Commercial zoning vs. other less dense Commercial zoning districts, due to the close proximity to residential zoning. It was established that the property adjacent to the East of the subject property is currently zoning Heavy Commercial. Mr. Rob Willson, property owner and applicant, addressed the Board. Mr. Willson explained that he considered rezoning the property to other less dense Commercial zoning districts. However he felt for long term purposes that it would be best to rezone the property to Heavy Commercial now. He feels that within the next twenty years or so that most of the blocks fronting Parrott Avenue and S.R. 70 will be zoned for Heavy Commercial There was no further questions or comments from the Board. There were no further comments from the public. Member Mueller made a motion to recommend that the Planning Board recommend that the City Council grant approval of Petition 02-001-R, request for a change in the zoning classification of Residential Single Family-1(RSF1) to Heavy Commercial (CHV), located at 410 S.E. 2°d Avenue. Member Keller seconded the motion. VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Attorney Cook mentioned to the Board that the City Council is going to consider requiring all Citizen Advisory Boards to elect a new chair every year to be conducted in a specified month. March 26, 2002 - Planning Board - Page 3 of 3 AGENDAACTION - DISCUSSION .=VOTE IV. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:15 p.m. 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. General Services tapes are for the sole purpose of backup for official records of the Department. 0 Jerry Walker, Chairman ATTEST: Carolyn Arnold, Secretary E • • EXHIBIT 5 — APRIL 16 AGENDA ORDINANCE NO. 790 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CHARTER LAWS THEREOF; PARTICULARLY SECTION 32 THEREOF; PROVIDING FOR AMENDMENT TO THE MANNER OF ATTAINING OFFICE AND THE TERM OF THE OFFICE OF CITY CLERK; PROVIDING FOR APPOINTMENT TO THE OFFICE OF THE CITY CLERK BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE TERM OF OFFICE AND DUTIES THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the charter laws for the City of Okeechobee, Florida provide for the office of City Clerk in section 32 thereof, which section further provides for the Clerk to be elected by the qualified voters of the City of Okeechobee; and WHEREAS, the charter laws were adopted for the City of Okeechobee by Chapter 7208, special act of the Florida Legislature in 1915, and the office of City Clerk has been an elective position since its inception; and WHEREAS, over the years, the City Clerks for virtually every municipality in the State of Florida have formed a professional association which provides for the sharing of information, and continuing education on topics of mutual interest to the office of Clerk; that provides for certifying Clerks as certified municipal Clerks upon their attaining a degree of proficiency and education; and which office by gradual state wide trend, has become primarily a body of appointed, rather than elected Clerks; and WHEREAS, since the creation of the office of City Clerk in the City of Okeechobee in 1915, the volume of Federal, State and local laws, record keeping methodology, office technology, and general duties of the City Clerk that pertain to the office have grown tremendously, which requires vast knowledge by the City Clerk, and the appointment of one or more assistants to assist in meeting the great demands of the office; all of which makes it imperative that the person holding such office must possess and display an extensive background of education, experience, and temperament sufficient to meet the demands of the office; and WHEREAS, the City Council for the City of Okeechobee believes that the appointment of a City Clerk by the City Council, after careful and due deliberation, and examination of an applicant's background and experience in the office of City Clerk, or other appropriate professional fields, with references and recommendations from past positions held by the applicant, all subject to public comment at open public hearings on the appointment of the position, will yield the appointment of a person in this position well qualified and experienced to meet the great demands of today's City Clerks; and WHEREAS, the City of Okeechobee, Florida is authorized by the charter laws, section 25 thereof, as well as Florida Statutes 166.031, to amend the charter laws, or any part thereof, by ordinance submitted to the electors of the City; NOW, THEREFORE, be it resolved and adopted by the City of Okeechobee, Florida, as follows: THAT section 32, charter laws for the City of Okeechobee, is amended to delete the requirement that "He shall be elected by the qualified voters of the City...", and in its place and stead, insert that "The person holding the office of City Clerk shall be appointed from time to time by majority vote of the City Council for the City of Okeechobee, and shall hold the position as department head in the manner of, and as provided in, section 2-44, Code of Ordinances for the City of Okeechobee...". Page 1 of 2 • 0 2. THAT the duties of the City Clerk as provided in the charter laws and in the Code of Ordinances for the City of Okeechobee shall remain unchanged, subject to further change by resolution from time to time as adopted by the City Council pursuant to section 2-1, Code of Ordinances. 3. THAT this ordinance shall be submitted for vote of the electors of the City of Okeechobee by special election set therefore on September 3, 2002, which shall be approved or fail by majority of the electors then voting in said referendum. 4. THAT upon approval of this ordinance by majority vote of the electors of the City of Okeechobee, the City Clerk shall cause a revised charter to be filed with the Department of State, State of Florida, and said ordinance to be filed with the Clerk of Court, Okeechobee County, Florida. 5. THAT if approved, this ordinance shall have an effective date of January 7, 2003, or at such time thereafter as necessary for the City Council to appoint a successor to the person then holding office as City Clerk. 6. THAT if this charter amendment is not approved, the City Clerk is directed to take the necessary steps for the registration and qualification of candidates for the position of City Clerk for election in the general election of November 5, 2002 as currently provided by local and state law. 7. THAT should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional. INTRODUCED for first reading and set for final public hearing on this 16' 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 2! day of May, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor EXHIBIT 6 APRIL 16 AGENDA Bids TABULATION SHEET NEW ROOF FOR PUBLIC WORDS FACILITY Big Lake Roofing, Inc. o Bids: Fussell Steel Buildings $22,845.00 Posted on April 9, 2002 at 8:54 a.m. To be removed on April 12, 2002 at 8:54 a.m. • EXHIBIT 7 ^- APRIL 16 AGENDA CITY OF OKEECHOBEE (863)763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3'd Avenue Okeechobee, Florida 34974 NAME: ADDRESS: ! of 5 T EIs<({Vse/. IC 3 y17 r FAX (863) 763-1686 TELEPHONE: Lis 7 - D 6 U ° FAX: MEETING: REGULAR A SPECIAL O WORKSHOP O DATE: U O� PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: Pogo 5• PARAorT 4V -6-- e-kc- Al S V8 4T ifAck of c of PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: ,--%AAE Tf1d (uofpriLI.— Fat-GoweD /-o/( r E.•- c (— c Y S hl Q B S PLEASE SUMMARIZE 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: DATE: q- 9' �� C.XIRL[�lT 8 RESOLUTION NO. 02-5 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXPANSION OF HEALTH CARE BENEFITS PROVIDED BY THE CITY TO EMPLOYEES, DEPARTMENT HEADS MEMBERS OF THE COUNCIL, AND OTHER CLASSES OF AGENTS OR EMPLOYEES; PROVIDING FOR INCLUSION INTO HEALTH CARE COVERAGE AS DETERMINED BY THE CITY COUNCIL AND SUCH INSURANCE PROVIDER AS MAY CONTRACT WITH THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida contracts with health care insurance providers from time to time to provide health and medical benefits to employees; former employees; department heads; and members of the City Council; and WHEREAS, the current policy in place with Blue Cross and Blue Shield of Florida does not by such contract coverage for certain classes of employees, agents or part-time employees; and WHEREAS, the City may desire to expand its health care benefits to certain other employees or agents from time to time, but such expansion requires authorization from the City to permit negotiations with the present health care provider; and WHEREAS, permitting such expanded health care coverage will benefit the employees and agents of the city as a whole; THEREFORE, be it resolved by the City Council for the City of Okeechobee, Florida: 1. THAT the City Council for the City of Okeechobee, Florida authorizes an amendment to the contract with the current health care provider, Blue Cross and Blue Shield of Florida and such other provider as hereafter may be retained by the City, that so long as acceptable to the insurance provider, the City may negotiate with said provider to include in its policy of health and medical insurance coverage part-time employees; the City Attorney; and other retained agents or employees that may not be included in current policies of coverage. 2. THAT this resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED this 161' day of April, 2002. ATTEST: Bonnie S. Thomas, CMC City Clerk Reviewed for Legal Sufficiency: John R. Cook City Attorney James E. Kirk Mayor