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Agenda
A rd 24 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING APRIL 24, 2006
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve minutes of the Regular Commission meeting of April 10, 2006.
2. Courtesy of Floor to Visitors
A. Presentation of Transportation Improvement Program by Wanda Forrest of First
Coast Metropolitan Planning Organization (MPO)
3. Unfinished Business from Previous Meetings
A. City Manager's Follow-up Report
4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LIS 1ED BELOW. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM
WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE
CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY
COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Utility Sales Report and Financial Report for March 2006
(City Manager)
B. Extend the Meter Testing and Repair contract for one additional year to Reed &
Shows Meter Repair & Supply at the contract prices (Bid No. 0304-15) (City
Manager)
5. Committee Reports
None
6. Action on Resolutions
A. Resolution 06-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF 2006,
AND PROVIDING AN EFFECTIVE DATE
B. Resolution 06-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA
SUPPORTING THE APPLICATION TO FLORIDA COMMUNITIES TRUST
FOR FUNDS TO ACQUIRE THE BUCKMAN PROPERTY IN THE
INTRACOASTAL WATERWAY AND COMMITTING CITY FUNDS FOR
THAT PROJECT
1
C. Resolution 06-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH SUPPORTING THE EXPANSION OF JTA BUS SERVICE TO
NORTHERN ST. JOHNS COUNTY
7. Action on Ordinances
A. Ordinance No. 90-06-191, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-06-191,
SAID ORDINANCE REZONING THOSE AREAS SHOWN ON THE
GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM
RESIDENTIAL, SINGLE-FAMILY (RS -1) TO RESIDENTIAL, SINGLE-
FAMILY, LARGE LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE
ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AS
ENACTED BY ORDINANCE 90-06-189, WHICH ESTABLISHED THE
RESIDENTIAL, SINGLE -FAMILY -LARGE LOT (RS -L) ZONING DISTRICT
CLASSIFICATION, PROVIDING FINDINGS OF FACT, REQUIRING
RECORDATION, AND PROVIDING AN EFFECTIVE DATE
B. Ordinance No. 58-06-31, Final Reading and Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, DIVISION 3,
GENERAL EMPLOYEE RETIREMENT SYSTEM, TO INCREASES THE
EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE
C. Ordinance No. 20-06-76, Final Reading and Public Hearing
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006
D. Ordinance No. 20-06-77, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY
OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING
OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006
8. Miscellaneous Business
A. Discussion on proposed Cable TV Franchise Ordinance (City Manager)
B. Discussion on proposed ordinance amending Short -Term Rental definitions (City
Manager)
C. Possible Removal of Sidewalk in 1200 Block of Beach Avenue (City Manager)
D. Discussion on possibility of providing matching funds for a clock to be placed at the
Five Point Intersection (Mayor Pro Tem Waters)
E. Update on affordable housing (Commissioner Fletcher)
F. Update on Neighbor to Neighbor Beachside Chat Meetings (Commissioner Fletcher)
G. Request to support City of Neptune Beach Council's position regarding Walmart
(Commissioner Fletcher)
9. City Manager
A. City Manager's Report
2
10. Reports and/or requests from City Commissioners and City Attorney
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any
matter considered at any meeting, such person may need a record of the proceedings, and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall
include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of how
the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk by 5:00 PM, Friday, April 21, 2006.
3
Attendance
Call to Order/Pledge
MINUTES
REGULAR CITY COMMISSION MEETING
April 10, 2006
CITY HALL, 800 SEMINOLE ROAD
IN ATTENDANCE:
Mayor Donald Wolfson
Mayor Pro Tem J. Dezmond Waters III
Commissioner Mike Borno
Commissioner Jamie Fletcher
Commissioner Sylvia N. Simmons
City Manager Jim Hanson
City Clerk Donna L. Bussey
City Attorney Alan C. Jensen
Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation,
given by Commissioner Borno, was followed by the Pledge of Allegiance to
the Flag.
The Mayor recognized City Councilman Art Graham in the audience.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
March 27, 2006.
Commissioner Simmons asked that the minutes be amended on page 11 to
indicate that the Commission specified that the replacement sign must be
identical to the current sign.
Motion: Approve the minutes of the Regular Commission Meeting on
March 27, 2006 as amended.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Mayor Wolfson reminded everyone of the Community Character workshop
being held the following evening at 6:00 p.m. at the Sea Turtle Inn. He
encouraged anyone wishing to speak on items concerning Community
Character to attend the workshop tomorrow night.
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Jim Smith, 1958 Beachside Court, stated his opposition to the impervious
pool ordinance. He asked the Commission to delay voting on this item in
order to allow further study of other possible solutions.
April 10, 2006
REGULAR COMMISSION MEETING Page 2
Mayor Wolfson noted that there will be public hearings held for a number
of the agenda items that evening. He indicated that anyone wishing to
address those items would have an opportunity to speak at that time.
Adelaide Kirkpatrick, 1242 Beach Avenue, stated her opposition to the
City's recommendation to remove her sidewalk rather than to repair it. She
emphasized how much the sidewalk is used and noted that the sidewalk
connects to other sidewalks. She believed it unreasonable to force people to
walk in the streets. She also mentioned that there is a tree blocking drivers'
view of traffic at the Five Points Intersection.
David Rouleau, 982 Ocean Boulevard, discussed the manner in which the
Commission votes on motions. He stated it is confusing that a vote against
a motion is signified by saying Aye. He asked for the Chair to clearly
announce the results of each vote.
Bob Parrish, 1731 Beach Avenue, reiterated his opposition to the
proposed ordinance regarding residential design standards and summarized
discussions from the Commission's workshop that evening. He provided
his view of each Commissioner's stance regarding the proposed residential
development standards. He discussed his review of the city files pertaining
to the Community Character issue.
Pat Pillmore, 995 Camelia Street, agreed with Ms. Kirkpatrick's concern
that a tree at the Plaza Road and Seminole intersection of the five -way stop
blocks the view of drivers. She believed the stop sign location should be
adjusted for safety reasons. She mentioned the activities of the Mayport
Waterfront Partnership and the involvement of former mayor John Meserve.
She implored the Commission to listen to the needs and suggestions of the
citizens on the west side of Mayport Road.
Mayor Wolfson congratulated Drew Dixon, journalist for Beaches
Shorelines, on the birth of his second daughter.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-up Report
City Manager Hanson indicated there is still a question over whether the
covenants and restrictions of the Selva Marina Units are still applicable. He
reported that City Attorney Jensen issued an opinion on the matter and
distributed it to the Commission. The City Manager stated this item will be
addressed during discussion of Agenda Item 7A.
He provided a status update on the possible removal of the sidewalk on
Beach Avenue. In response to the City asking the block's residents for their
opinions, it was determined that three of the four residents would like the
sidewalk removed.
Consent Agenda
April 10, 2006 REGULAR COMMISSION MEETING
Page 3
The City Manager stated that the City has been working for years on
establishing public access to the Post Office from Plaza Road. He reported
that the City was finally able to determine a funding source to cover the
costs incurred by the Post Office. He was happy to report that public access
to the post office off of Plaza Road should be open in about two months.
4. Consent Agenda
A. Acknowledge receipt of Public Works and Utility Department
Monthly Report and New Occupational Licenses issued in
March (City Manager)
B. Authorize rejecting the submitted bid for the Resurfacing of
Five Tennis Courts (Bid No. 0506-9) and rebidding the project
with modifications to the bid package to add sportmaster
material as an equal, similar to the City of Jacksonville as
recommended by staff (City Manager)
C. Extend the contract for pest control of city facilities for one
additional year to Tru-Green/Chemlawn at the contract price of
$13,492 (Bid No. 0405-9) (City Manager)
D. Extend the annual contract for electrical motor and pump
repairs for one additional year to Industrial Equipment
Services, Inc. at the current contract prices (Bid No. 0304-13)
(City Manager)
E. Extend the current annual contract with American Landcare
for Trimming Palm Trees for another year at the current prices:
Cabbage Palm Trees $15.00 each, Washingtonian Palm Trees $
15.00 each and Medjool (Date) Palm Trees $20.00 each. (Bid
No. 0304-14) (City Manager)
F. Authorize City Manager to execute a construction services
agreement with Builders Care to proceed with Housing
Rehabilitation for repairs to 402 Skate Road, 631 Amberjack
Lane, 91 Ardella Road and 36 Jackson Road in accordance with
the FY 2005-06 CDBG contract, and approve waiver of the
formal bid procedure for this work in accordance with Section
2-236 (1) of the City Code for reasons as set forth within the
report (City Manager)
Acknowledge the Emergency Repair of Air Main at Wastewater
Plant #1 (City Manager)
Mayor Wolfson asked the Commission if they would like to pull any items
off the Consent Agenda for discussion. Commissioner Waters requested
that Item 4F be pulled.
Motion: Approve Consent Agenda Items A-E & G as presented.
April 10, 2006
REGULAR COMMISSION MEETING Page 4
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Commissioner Waters asked if the City recoups the money invested in
rehabilitating a house if it is sold. City Manager Hanson and Community
Development Director Sonya Doerr answered his questions and explained
some of the procedures regarding Builder's Care's scope of work and
permit fees.
Motion: To accept Consent Agenda Item 4F as presented.
Moved by Waters, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-06-191, Introduction and Public Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE
NUMBER 90-06-191, SAID ORDINANCE REZONING THOSE
AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP,
ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, SINGLE-
FAMILY (RS -1) TO RESIDENTIAL, SINGLE-FAMILY, LARGE
LOT (RS -L) CONSISTENT WITH SECTION 24-104 OF THE
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS AS ENACTED BY ORDINANCE 90-06-189,
WHICH ESTABLISHED THE RESIDENTIAL, SINGLE -FAMILY -
LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION,
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION,
AND PROVIDING AN EFFECTIVE DATE
Mayor Wolfson read the ordinance by title only and opened the floor to a
public hearing. He asked Sonya Doerr, Director of Planning and Zoning, to
present an overview of the ordinance. She explained that the Commission
recently established the new RS -L zoning district and now the continuation
April 10, 2006
REGULAR COMMISSION MEETING Page 5
of that process is to place the zone on the map. She displayed a map of the
area proposed to be rezoned as RS -L. She emphasized that the rezoning
would not affect any existing lot of record, but that any new lot established
in this area must meet the new zoning requirements and be 100 by 100 feet.
She reported that this item was heard at the previous Community
Development Board meeting and that they recommended approval subject
to proper consideration being given to the purpose of the City code as it
relates to the impact of this new district on property values and the
responsibilities of protecting and improving the general welfare of the
public as listed in Section 24-2.
Leonard Cawrse 1756 Live Oak Lane, called the Commission's attention
to page three of Ordinance 90-06-189, which reads that existing legally
established lots of record which do not meet the requirements in the new
ordinance may be developed in accordance with the Land Development
Regulations. He indicated that he and several other property owners have
been given permission by the City to divide their properties into two
separate lots. Mr. Cawrse consulted with two attorneys, and was told that
he has a legally established lot of record and may divide his property if he
decides to do so in the future. However, he also indicated that the deed
restrictions are still in place and therefore he could not divide his property
unless his neighbors agreed to it. Mr. Cawrse stated that, based on the fact
that Selva Marina Units 4-12 have deed restrictions already in place the
rezoning ordinance is unnecessary and this research should have been done
beforehand. He reiterated his opposition to the RS -L zoning.
Dee Reiter, 1798 Selva Marina Drive, fully supported the rezoning and
expressed her love for large lots in Atlantic Beach. She reported that she
had spoken with City Attorney Jensen regarding the issue. She believed
that if the area is not rezoned then most of the lots in Selva Marina could be
subdivided under the current City code. She pointed out that currently, the
only way to enforce the covenants and restrictions is to sue your neighbor -
and she did not believe that to be a good solution. She spoke in favor of the
City to rezone the area in order to preserve the nature of the neighborhood
and maintain the large lot sizes.
The Mayor closed the public hearing.
Mayor Wolfson asked City Attorney Jensen to share his opinion regarding
the covenants and restrictions of Selva Marina. Mr. Jensen responded that
he could not give a legal opinion on the applicability of any covenants or
restrictions for any specific lots or units because it is a matter of private
enforcement. He reported that it may differ from unit to unit and from lot to
lot as to whether the covenants, deeds, or restrictions are expired or still
enforceable. He discussed Florida Legislature's Marketable Record Title
Act as it relates to the properties in Selva Marina. He also recounted an
Attorney General's opinion that covenants and restrictions can not be made
to apply in perpetuity by automatic renewal.
April 10, 2006
REGULAR COMMISSION MEETING Page 6
Mayor Wolfson asked for clarification and discussed the automatic renewal
provisions of the covenants and homeowner associations of the different
units within Selva Marina. Mayor Wolfson commented on the Community
Development Board meeting and noted that the only citizen who spoke at
the meeting was Mr. George Bull and he stated that the rezoning was
unnecessary because the covenants and restrictions were still in effect in
certain units. Mr. Wolfson pointed out that Mr. Bull's statement was in
conflict with Mr. Jensen's findings.
Commissioner Waters believed the Commission should chose to operate on
protecting the intent of the original development and not allow subdivision
of the lots.
Commissioner Borno expressed concern with Mr. Cawrse's statement and
asked for more information regarding implications of the letter allowing
him to subdivide his property. City Attorney Jensen explained that if he has
already been granted administrative approval to subdivide his property, then
he has vested rights to do so.
Ms. Doerr announced that there were eight administrative divisions
approved prior to the moratorium. She confirmed that those approvals are
still valid and are now lots of record. Commissioner Borno asked how
many total lots are within the proposed area for rezoning. He was informed
there are approximately 270 total lots. Ms. Doerr added that, pending
approval of the first reading, the City will send individual mail notices to all
the property owners.
Motion: To approve Ordinance No. 90-06-191 on first reading.
Moved by Fletcher, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Ordinance No. 90-06-190, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24 OF THE ATLANTIC BEACH
CODE OF ORDINANCES, THE LAND DEVELOPMENT
REGULATIONS, SECTION 24-17, DEFINITIONS, PROVIDING
THAT SWIMMING POOLS BE CONSIDERED AS FORTY
PERCENT (40%) IMPERVIOUS, AND PROVIDING AN
EFFECTIVE DATE
Mayor Wolfson read Ordinance No. 90-06-190 by title only and opened the
floor to a public hearing.
April 10, 2006
REGULAR COMMISSION MEETING Page 7
Robert Gray, 350 Sixth Street, stated his opposition to the ordinance as
presented. He provided examples of how it has affected him and his
properties on Sixth Street. He believed his situations to be common
examples regarding onsite retention and lot coverage. He mentioned how
other areas address the pervious/impervious issue of pools and stated that he
has never seen a pool overflow.
Dee Reiter, 1798 Selva Marina Drive, discussed the fact that her pool has
never overflown, even during heavy rains which flooded the 17th fairway on
the Selva Marina golf course. She stated that her pool can hold a lot of
storm water.
There were no further comments and the Mayor closed the public hearing.
Motion: To approve Ordinance No. 90-06-190 on final reading.
Moved by Waters, seconded by Fletcher
Commissioner Waters discussed instances of the worst storms and rains and
the amount of flooding that occurred in the City. He discussed the major
concerns regarding 10 and 25 year storms. He stressed that any surface that
does not allow percolation is impervious by definition. Commissioner
Waters recounted that the City has spent a lot of money to put in a large
storm water system that people could live with without destroying the
neighborhood. He noted that flooding is a problem on a flat island such as
Atlantic Beach.
Commissioner Fletcher asked Rick Carper, Director of Public Works, a
number of questions regarding the reasons for considering pools as pervious
or impervious. Mr. Carper reported that in the Old Atlantic Beach area,
storm water pipes were sized to handle the mean annual storm and the
engineer of the system has stated that any increase in impervious surfaces in
that area will increase the storm runoff. Commissioner Fletcher
summarized that the intent of the ordinance deals with storm water runoff
and the ability to prevent the City from flooding. Mr. Carper discussed the
25 and 10 year storms. Commissioner Fletcher confirmed with Mr. Carper
that the 60/40 ratio of pervious/impervious pool surface was based upon the
9/6 inch ratio of the amount of storm water from a 25 year storm versus a
pool's storm water capacity. He summarized that the City is counting on a
pool to retain 6 inches of storm water.
Commissioner Borno suggested ways to create onsite storage through
landscaping property. He believed the ordinance is a good compromise and
supported it due to the situation with the City's storm water system.
Commissioner Simmons suggested requiring pools to have a 9.3 inch
freeboard, rather than only 6 inches, in order to retain the average amount of
water from a 25 year storm. She encouraged changing the required
standard in order to allow people to build pools at their residences.
April 10, 2006
REGULAR COMMISSION MEETING Page 8
Mayor Wolfson referred citizens to a document summarizing the City's
storm water system capacity and regulations and discussed the information
presented. The summary is attached and made part of this official record as
Attachment A. He read excerpts from the document, emphasizing that the
City's storm water system has reached capacity and that every additional
amount of impervious surface in Old Atlantic Beach will increase the
flooding in surrounding homes. The Mayor also relayed information from a
conversation he had with Robin Harrell, a compliance manager at the St.
Johns River Water Management District. According to Mayor Wolfson,
Mr. Harrell stated that the City of Atlantic Beach is unique and must
carefully address the storm water runoff with future drainage. He advised
not to compromise the storm water system by allowing small increases in
impervious surface area, due to their collective adverse impact. The Mayor
quoted Mr. Harrell as stating that pools are impervious structures and
should be calculated as such.
Mayor Wolfson suggested the option of granting waivers with a significant
impact fee imposed for individuals who wish to install pools. He believed
the impact fees could be put towards funding future storm water
improvements. He believed that only a minority of citizens want pools in
their yards, but the impact on the entire infrastructure affects all citizens.
Commissioner Fletcher commented on how significant the impact fee
would need to be in order to offset the cost of improving the system. He
asked Mr. Carper about the feasibility of creating pools with 9.3 inch
freeboards. Mr. Carper suggested more research would be needed in order
to determine the specifics associated with that. City Manager Hanson
believed it unreasonable to ask City staff to regulate and enforce the amount
of freeboard on every pool.
Motion: To table Ordinance No. 90-06-190 in order to continue
researching the issue.
Moved by Simmons, seconded by Fletcher
Votes:
Aye: 4 - Borno, Fletcher, Simmons, Wolfson
Nay: 1- Waters
MOTION CARRIED
C. Ordinance No. 5-06-46, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CREATING A NEW SECTION OF THE ATLANTIC BEACH CODE
TO BE KNOWN AS SEC. 2-131. REAPPOINTMENT TO BOARDS &
COMMITTEES, ESTABLISHING A PERIOD OF TIME WHICH
MUST EXPIRE BEFORE A TERM LIMITED MEMBER MAY BE
REAPPOINTED TO ANY BOARD OR COMMITTEE, ON WHICH
April 10, 2006
REGULAR COMMISSION MEETING Page 9
HE OR SHE HAS PREVIOUSLY SERVED, AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only and opened the floor to a public
hearing. No one spoke and the Mayor closed the public hearing.
Commissioner Borno still believed that the ordinance should impose the
time limit to members appointed to any board, not only to the same board
after being termed out.
Motion: To approve Ordinance No. 5-06-46 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Ordinance No. 95-06-90, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES,
ANIMALS, ARTICLE I. IN GENERAL, SEC. 4-11 CLASSIFICATION
OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER
LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING
AN EFFECTIVE DATE
The Mayor read the Ordinance by title only and opened the floor to a public
hearing.
Jim Smith, 1958 Beachside Court, asked for clarification on what types of
dogs are considered dangerous dogs. City Attorney Jensen responded that
the ordinance applies to animals that have been classified as dangerous by
the Animal Control department.
There were no further comments from the public and the Mayor closed the
public hearing.
Motion: To approve Ordinance No. 95-06-90 on final reading.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
April 10, 2006
REGULAR COMMISSION MEETING Page 10
E. Ordinance No. 95-06-91, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES,
BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, BY
ADDING A NEW SECTION PROVIDING FOR ENFORCEMENT OF
PARK RULES AND REGULATIONS, AND PROVIDING AN
EFFECTIVE DATE
The Mayor read the ordinance by title only and opened the floor to a public
hearing. No one spoke and the Mayor closed the hearing.
Motion: To approve Ordinance No. 95-06-91 on final reading.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
F. Ordinance No. 58-06-31, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE RETIREMENT
SYSTEM, TO INCREASES THE EMPLOYEE CONTRIBUTION
RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE
The Mayor read the ordinance by title only. Commissioner Borno pointed
out that this ordinance applies to general employees.
Motion: To approve Ordinance No. 5806-31 on first reading.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
G. Ordinance No. 20-06-76, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR
THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL
YEAR BEGINNING OCTOBER 1, 2005 AND ENDING
SEPTEMBER 30, 2006
The Mayor read the ordinance by title only.
Motion: To approve Ordinance No. 20-06-76 on first reading.
April 10, 2006
REGULAR COMMISSION MEETING Page 11
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. Request from Tropic Heating and Air, Inc. for a Use -by -
Exception to allow a heating and air conditioning contractor
(with no outside storage) to be located within the Commercial
General (CG) Zoning District at a fully -developed site located at
750 Mayport Road (the former Bonafide Pools — Bob's Palm
Trees site.) (City Manager)
Sonya Doerr, Director of Planning and Zoning, reported that the
Community Development Board recommended approval of the Use -by -
Exception, subject to compliance with the conditions stated in the staff
report. She stated that the CD Board addressed the landscaping of this site
and asked that the owner comply with Chapter 177 of the landscape
regulations by working with the CD Director to address these provisions.
She distributed a diagram of the proposed landscaping plan that had been
agreed upon between the owner and herself. The diagram is attached and
made part of this official record as Attachment B.
James Jackson, 4560 Glen Kernan Parkway East, Jacksonville,
introduced himself as representing Charles Marks, the owner of Tropic
Heating and Air. He pointed out that the site is fully developed and there
will be no planned changes except for landscaping enhancements. Mr.
Jackson reviewed the background summary of the request and the diagram
of the proposed landscaping plan for the site. He reviewed Exhibit A of the
application and mentioned that the business will have a beneficial impact to
the site. Among other things, he reiterated that there will be no
manufacturing, assembly, outside storage or significant parking at the site.
In closing, Mr. Jackson stated that the business will present a clean office
park appearance that will promote property value in the area. He informed
the Commission that the business owner, Charlie Marks, was at the meeting
to answer any questions.
Mayor Wolfson opened the floor to a public hearing.
Jon Lyon, 1837 Sea Oats Drive, urged the Commission to approve the
request for the Use -by -Exception. He indicated that the owner runs a good
business and he believed it will be an improvement to the City.
No one else spoke and the Mayor closed the public hearing.
April 10, 2006
REGULAR COMMISSION MEETING Page 12
Motion: To approve a Use -by -Exception (UBE-2002-06) to allow a
heating and air conditioning contractor to be located within the
Commercial General Zoning District at 750 Mayport Road with the
following conditions noted:
1) no outside storage of equipment or materials; no manufacture
construction, heavy assembly involving hoists or lifts, or
equipment that makes excessive noise or fumes shall be
permitted.
2) no more than one business vehicle parked outside on a
continuous basis, and
3) compliance with Landscaping regulations as shown in the
attached landscape improvement survey.
Mayor Wolfson corrected the Community Development Board's
recommended third bullet by stating that the City can not require that the
applicant comply with Section 24-177. City Attorny Jensen further clarified
that Section 24-177 applies to new construction and that, due to the lot
being fully developed, it is not physically possible for the applicant to
comply with those regulations.
Commissioner Borno asked if the applicant intended to store materials in
the enclosed carport. The owner confirmed this.
Commissioner Waters asked for further explanation of why the applicant
can not be required to comply with the regulations in Section 24-177. City
Attorney Jensen responded that the City can not legally impose this
requirement on the applicant due to the fact that they have a fully developed
site. He reiterated that the condition asked the owner to meet with Ms.
Doerr in order to agree upon a suitable landscape design. Commissioner
Waters expressed appreciation for the fact that the site already has a better
appearance.
Commissioner Fletcher questioned if granting this request would be
appropriate with the City's attempts to clean up Mayport Road. He asked
the applicant why he was moving from 1651 Mayport Road to 750 Mayport
Road. Mr. Marks stated that he was previously leasing space and now has
the opportunity to purchase property which is a larger space. He indicated
his desire to allow his business to grow at the new location. Commissioner
Fletcher expressed concern with the business becoming as large an
operation as Ocean State has become. The applicant assured the
Commission it would not. Ms. Doerr reiterated that the existing Code
allows one truck to be parked outdoors overnight.
Commissioner Waters questioned if the signage meets the current standards.
Ms. Doerr explained that it is nonconforming with respect to its height and
the owner is allowed to repaint the face but can not change out the face or
make any changes that require sign permitting without also complying with
the new sign regulations.
April 10, 2006
REGULAR COMMISSION MEETING Page 13
Commissioner Borno emphasized to the applicant that he will have to
comply with the requirements of the new sign code in six years. Mr. Marks
indicated he understood.
Moved by Borno, seconded by Waters
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
B. Proposed Ordinance to require the standardization of
newspaper racks in certain areas, to provide for the sharing of
cost between users, limiting the City's liability and requiring
maintenance (City Manager)
City Manager Hanson presented the background on this item and indicated
that Steve Fouraker, from The Beaches Leader, suggested the City adopt an
ordinance requiring vendors to use a modular unit news rack system at
Town Center. He indicated that the ordinance would require the users of
the system to help cover cost and maintenance of the racks. The City
Manager recommended that if the Commission wished to proceed with this
option, they should review similar ordinances from other cities, arrange for
a presentation from a vendor, and solicit input from other newspaper
providers. He asked Mr. Fouraker if he wished to address the Commission.
Steve Fouraker, of The Beaches Leader, suggested that, in addition to
Town Center, the new mailbox location at 16th Street might also be a good
area for the modular racks. He expressed the company's preference to sell
newspapers in the less expensive individual racks, but understood the City's
desire for uniform presentation in certain areas. He cautioned against
creating a city-wide ordinance establishing zones and reminded the City of
the First Amendment protecting their right to display newspapers on public
properties. He recommended targeting certain areas for the modular racks,
such as Town Center, 16`h Street, and City Hall. He advised the
Commission that his company would be skeptical of any proposal that
would cost them more money or that would raise concern about their First
Amendment rights. However, he acknowledged that they would like to
work with the City to help create locations with a uniform and aesthetic
appearance.
Commissioner Waters spoke highly of the way that Winter Park handled
their newspaper situation and indicated he would distribute pictures of their
news racks.
Commissioner Borno was in favor of trying a news rack at Town Center
first and then evaluating the results to see if it could be implemented
elsewhere.
April 10, 2006
REGULAR COMMISSION MEETING Page 14
Mayor Wolfson mentioned they might not be able to accommodate all other
publications willing to buy into the idea and expressed concern that this
would go against the First Amendment rights of those vendors. Mr.
Fouraker discussed various ways to work with other publications in order to
craft the best solution for each location.
Commissioner Fletcher commended Mr. Fouraker for his assistance.
It was the consensus of the Commission to direct staff to pursue the
idea of a modular news rack unit for Town Center and possibly for 16th
street as well.
C. Request from Friends of Atlantic Beach Elementary for
additional funding for the Track Construction Project and for
authorization to sign a Memorandum of Understanding with the
Duval County School Board
City Manager Hanson reviewed the background infoiniation as presented in
his staff report. He summarized that the Friends of Atlantic Beach are
requesting an additional $25,000 from the City for the track project and
reminded the commissioners that the City has already committed $10,000 to
be put towards a landscaping/parking project on the school property.
He noted that representatives from FABE were in attendance that evening
and they introduced themselves as follows: Jill Jackson, John Fletcher,
Kelly Elmore, and Laurie Melancon.
Jill Jackson brought the Commission up to date on the status of the track
project. Ms. Melancon distributed financial information and pictures of the
project to the Commission. These documents are attached and made part of
this official record as Attachment C. Ms. Jackson also notified the
Commission that the school board removed the playground equipment due
to safety reasons but would not assist in replacing the equipment. She
stated that FABE has collected funds for new playground equipment and
would like to proceed with the project simultaneously with the track project
in order to save expenses. However, Ms. Jackson pointed out that their
original anticipated costs have increased and, in order to meet this goal,
they need an additional $35,000 from funding sources. She indicated that
City of Jacksonville agreed to provide $10,000 of that amount. She asked
the City of Atlantic Beach to consider contributing the additional $25,000,
and noted that FABE will raise the other $50,000 needed. She emphasized
that the track and playground would be a great facility for the entire
community to use after school hours and on weekends.
Laurie Melancon gave more details regarding the landscaping and parking
issue. She indicated that safety concerns required them to relocate the
parking inside the fence. She discussed some of the options and showed
their proposed plan. Ms. Melancon communicated their frustration that the
school board would not assist with the parking lot because they consider it a
April 10, 2006
REGULAR COMMISSION MEETING Page 15
type of infrastructure. She asked the City for its support in working with
FABE and the school board in order to present the correct perspective
regarding the project.
Commissioner Borno provided suggestions for the surface of the parking
area.
Commissioner Fletcher strongly supported the project and the Friends of
Atlantic Beach Elementary.
Commissioner Simmons expressed hesitation at committing more money to
the project without having the necessary budget knowledge to know the
financial impacts on other projects. She expressed the need for further
research into the budget before allotting that amount of money.
John Fletcher, Vice President of FABE, indicated that delaying the project
will increase their costs.
Mayor Wolfson clarified that the City of Atlantic Beach has already
committed a total of $35,000, comprised of $25,000 for the track and
$10,000 for the landscaping and parking lot.
Ms. Melancon informed the Commission that the parking issue will not be
resolved until the next budget year in October and asked the City to
consider moving the $10,000 allotted for parking over to the current track
project. She indicated that the school board would not assist with installing
new playground equipment.
Mayor Wolfson discussed the funding sources while noting the desire to
support this project. He asked Councilman Art Graham in the audience, if
the City of Jacksonville would consider contributing an additional $5,000 as
part of the $25,000 increase in funds being asked for by FABE.
Councilman Graham agreed.
Commissioner Fletcher strongly advocated supporting FABE's project in
order to benefit the children in the community.
Motion: To ask staff to determine this week how much of the requested
$25,000 could be provided by the City.
Moved by Waters, seconded by Fletcher
City Manager Hanson pointed out that staff could provide a report this
week, but it would not be until the next meeting in two weeks that the
Commission could vote on the first reading of the budget amendment.
Commissioner Waters withdrew his motion and Commissioner
Fletcher withdrew his second.
April 10, 2006
REGULAR COMMISSION MEETING Page 16
Motion: To give Friends of Atlantic Beach Elementary the additional
$25,000 needed to finish this project.
Moved by Waters, seconded by Fletcher
The Mayor inquired what the funding source would be. Commissioner
Waters suggested the General Fund balance.
Mayor Wolfson pointed out that if the City transferred the $10,000
previously allocated for the parking project to the track project and if the
City of Jacksonville provides an additional $5000, then the elementary
school would only need an additional $10,000 to finish the project.
Commissioner Waters withdrew his motion and Commissioner
Fletcher withdrew his second.
Motion: To take the $10,000 committed for the school's parking
project and add $10,000 from the City's General Fund in order to
commit $20,000 total to finishing the track at the Atlantic Beach
elementary school.
Moved by Waters, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
Motion: To authorize the City Manager to sign the Joint Use
Agreement with the school system.
Moved by Simmons, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson
Nay: 0
MOTION CARRIED
D. Request for funds for USS Farragut Commissioning (City
Manager)
City Manager Hanson reviewed the request from former mayor John
Meserve for the City to contribute funds for the commissioning of the USS
Farragut.
Motion: To contribute $1000 to the commissioning of the USS
Farragut.
Moved by Borno, seconded by Waters
April 10, 2006
REGULAR COMMISSION MEETING Page 17
City Attorney Alan Jensen made the Commission aware of the City
ordinance that prohibits contributions of city funds to charitable or
nonprofit organizations. He explained that the code allows contributions to
artistic, recreational, or cultural programs, or to purposes that benefit all the
citizens of Atlantic Beach.
Commissioner Borno noted the large number of city residents who are
military or retired military. He believed it would be an act of civic support
and would behoove the City to support our military.
Commissioner Fletcher spoke against the motion. He believed it would go
against city ordinance.
Commissioner Waters expressed strong support of the motion, claiming that
it is in the City's best interest to support and maintain a working
relationship with its large neighboring military community.
The City Attorney clarified that he was not suggesting that this is in
violation of City code. He was advising the Commission to be aware of the
ordinance and to determine if the funding would benefit the citizens of
Atlantic Beach.
Votes:
Aye: 4 - Borno, Simmons, Waters, Wolfson
Nay: 1- Fletcher
MOTION CARRIED
E. Discussion on possibility of providing matching funds for a clock
to be placed at the Five Point Intersection (Mayor Pro Tem
Waters)
Commissioner Waters indicated that citizens have raised more than half the
money needed to put a clock at the Five Points Intersection.
1VIotion: To agree to pay the remaining funds, less than half of the total
amount needed, for the clock to be purchased and installed at the Five
Points intersection.
Moved by Waters, seconded by Borno
There was discussion regarding how much money had been raised and what
the total amount would be for the project.
Commissioner Waters withdrew his motion.
It was the consensus of the Commission to postpone action on the item
for two weeks and review the project's status at that time.
April 10, 2006
REGULAR COMMISSION MEETING Page 13
City Manager 9. City Manager
Reports/Requests
City Commissioners
City Attorney
A. City Manager's Report
City Manager Jim Hanson summarized his written report, which is attached
and made part of this official record as Attachment D. The subject
addressed in his report was: Alleged violations of wastewater treatment
standards at City of Atlantic Beach plants.
10. Reports and/or requests from City Commissioners and City
Attorney
Commissioner Borno
•:• Commended the City's wastewater treatment plant staff for catching
the errors in the DEP report.
•:• Mentioned a request received by the City to support Jacksonville
Beach in its JTA bus application. He asked that the item be
considered at the next meeting.
•:• Noted that the Water Watch received in the mail has good
information in it. He asked that it be condensed and included in the
next City newsletter.
• Asked that the Commission receive a copy of the slide presentation
used for Mr. Winter's presentation that evening.
• Apologized in advance that he will be late for the workshop
tomorrow due to a conflicting engagement.
Commissioner Simmons
Discussed concerns that currently the code does not allow for
nonconforming structures to be grandfathered in and rebuilt if
destroyed. She believed that a lot of nonconfoiniing aspects of the
City are part of the character of the beach community. She asked
that the Commission look at the need to grandfather in some of
those structures.
Commissioner Fletcher
•:• Expressed his willingness to compromise in some areas of the
Community Character project. He indicated willingness to recede
the efforts to the Core City area and to compromise on the FAR
percentage, but does not want to abandon the FAR entirely.
Commissioner Waters
•:• Reiterated that he will distribute pictures of the Winter Park news
racks to the Commissioners for their review.
•:• Discussed the sandspur situation at the retention pond at Tideviews.
Asked that the City apply weed and feed in that area.
April 10, 2006
REGULAR COMMISSION MEETING Page 19
• Inquired if City offices would be closed for Good Friday or Easter
Monday. City Manager Hanson informed him that City offices
would be open.
• Agreed with comments that the stop sign on Plaza at the Five Point
intersection needs to be moved further into the intersection in order
to provide a clearer view of traffic.
• Believed more time needs to be spent with Nore Winter.
• Requested that staff prepare a report on the total amount of money
that the City spends on Atlantic Beach schools. He wanted the
Commission to see how supportive the City is of the various school
programs.
• Asked that staff look into the condition of David Avenue, a closed
street next to the school.
• Appreciated the Mayor acquiring a substantial comment from the St.
Johns River Water Management District to help clarify the
misinterpretations regarding the impervious nature of pools.
Mayor Wolfson
Presented a report of his trip to Tallahassee. Stated that the beach
cities received very positive responses from Senator King and
Representative Davis. He noted that they addressed the following
community concerns: eminent domain, money for wetlands
acquisition, TMDL impacts, cable TV and video service franchise,
property tax transfers, homestead exemptions, disability insurance to
firefighters, and affordable housing concerns.
Announced the formation of a new organization, the Florida League
of Mayors, and the significance of having dialogue with other
mayors in order to face issues collectively
• Discussed Jacksonville Day hosted by Jacksonville Chamber of
Commerce. Noted it was well attended and thanked Commissioner
Waters for encouraging him to go.
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 10:17 p.m.
Donald M. Wolfson, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
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AGENDA ITEM #3A
APRIL 24, 2006
April 18, 2006
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
City Manager
SUBJECT: Follow-up eport
Funding for AB Elementary Projects; A commissioner asked for a report of all the funds
committed to AB Elementary projects in the current budget. Following is a tabulation of the
budget commitments;
From normal operating accounts for various programs
1) FCCJ $3,000
2) Artists in Residency $4,000
3) Symphony Tiny Tots $1,500
4) After School Program $8,000
5) Percussion Program $3,500
Sub Total $20,000
Capital Projects
1) Track Project $40,000
Grand Total $60,000
AGENDA ITEM #4A
APRIL 24, 2006
City of Atlantic Beach, Fl.
Utility Sales Report
2006
March
March 2005
_.
Water Sales
Accounts
Gallons
(000)
Actual
Revenue
Revenue
Per 1,000 gl
Accounts
Gallons
(000)
Actual
Revenue
Revenue
Per 1,000 gl
Atlantic Beach
Buccaneer
Total Water Sales
5,583
2,670
36,605
22,599
$89,609
$61,362
$2.45
$2.72
5,503
2,708
41,943
26,516
$99,256
$69,222
$2.37
$2.61
8,253
59,204
$150,971
$2.55
8,211
68,459
$168,478
$2A6
-
Water Plant Production
Atlantic Beach
Buccaneer
Total Production
Total Water Billed
Water Loss for month:
Percentage Loss
Total 12 mo. Avg. Loss
Sewer Sales
Atlantic Beach
Buccaneer
Total Sewer Sales
Gallons
(000)
,
Actual
Revenue
$143,715
$120,848
Revenue
Per 1,000 gl
4.67
5.56
Gallons
(000)
Actual
Revenue
Revenue
Per 1,000 gl
57,647
21,871
56,818
22,310
79,518
79,128
59,204
68,459
20,314
10,669
25.55%
13.48%
10.16%
10.77%
Accounts
5,071
2,551
Gallons
(000)
30,749
21,735
Accounts
Gallons
(000)
4,945
2,594
33,622
24,925
$144,997
$131,375
4.31
5.27
7,622
52,484
$264,562
$5.04
7,539
58,547
$276,372
$4.72
Sewer Treatment
Millions of Gallons
Rev. ser 1,000 Gallons
,
,..
$4.09
$4.06
City of Atlantic Beach
FINANCIAL REPORT
March, 2006
AGENDA ITEM #4A
APRIL 24, 2006
Cash Balances
Fund(s)
General
Tree Replacement
Convention Development Tax
Local Option Gas Tax
Better Jax 1/2 Cent Sales Tax
Police Training, Forfeit, etc.
Grants
Debt Service
Utility
Sanitation
Storm Water
Pension - Police
Pension - General
Total
Total Restricted Cash
Total Unrestricted Cash
Prior
02/28/06
$6,355,404
30,978
164,290
420,219
930,967
567
(28,616)
44,864
3,593,185
546,670
2,950,422
15,525
27,721
$15,052,196
Current
03/31/06
$6,108,922
30,978
170,151
438,077
925,396
1,619
(36,202)
50,875
3,720,054
543,846
2,827,017
. 4,813
41,838
Dollar
Change
($246,482)
0
5,861
17,858
(5,571)
1,052
(7,586)
6,011
126,869
(2,824)
(123,405)
(10,712)
14,117
$14,827,384 ($224,812)
$6,546,268
$8,281,116
Cash and Investments
Account
Bank of America - Depository
SBA
Cash on Hand
Subtotal
Suntrust-Pension-Police
Merrill Lynch -Pension -Police
Suntrust-Pension-General
Merrill Lynch -Pension -General
Subtotal
Prior
2/28/06
Current
3/31/06
$251,995 $159,337
14,797,651 14,665,497
2,550 2,550
15,052,196 14,827,384
4,318,580 339
580,897 4,940,771
5,981,839 449
1,232,593 7,279,599
12,113,909 12,221,158
Dollar Rate of
Change Return %
($92,658) 3.66
(132,154) 4.65
0
(224,812)
(4,318,241)
4,359,874
(5,981,390)
6,047,006
107,249
Total $27,166,105 $27,048,542 ($117,563)
(1) FYTD rate of return through 12/31/05
2.00 (1)
7.10 (1)
1.90 (1)
7.10 (1)
City of Atlantic Beach
FINANCIAL REPORT
March, 2006
Revenues
AGENDA ITEM #4A
APRIL 24, 2006
Fund / (Footnote)
Annual
Estimate
YTD - 50%
of Estimate
YTD
Actual
Dollar
Variance
Percent
Variance
General (1)
Tree Replacement
Convention Development Tax
Local Option Gas Tax
Better Jax 1/2 Ct Sales Tax
Police Training, Forfeit, etc.
Grants (2)
Debt Service
Utility (3)
Sanitation
Storm Water (4)
Pension - Police
Pension - General (5)
Total
$9,951,978
0
128,000
564,042
702,336
31,800
447,833
71,100
6,623,534
1,362,300
1,067,868
702,355
1,015,029
$22,668,175
$4,975,989
0
64,000
282,021
351,168
15,900
223,917
35,550
3,311,768
681,150
533,934
351,178
507,515
$11,334,090
$6,586,811
0
38,839
277,724
381,643
13,453
69,776
36,114
3,139,426
655,821
374,476
399,000
699,604
$12,672,687
$1,610,822
0
(25,161)
(4,297)
30,475
(2,447)
(154,141)
564
(172,342)
(25,329)
(159,458)
47,822
192,089
$1,338,597
32.37%
100.00%
-39.31%
-1.52%
8.68%
-15.39%
-68.84%
1.59%
-5.20%
-3.72%
-29.86%
13.62%
37.85%
Analysis of Major Variances
(1) The $1,610,822 positive variance in the General Fund resulted from having received
91.8% of the year's budgeted property taxes by March, 2006. Typically the majority of
these taxes are received from the City of Jacksonville in December & January.
(2) The $154,141 negative variance in the Grant Funds resulted from either items not
having been purchased or reimbursement requests not having been filed as of March 31,
2006.
(3) The $172,342 negative variance in the Utility Funds resulted from lower consumption
than budgeted. Consumption is billed in arrears and typically increases in the spring and
summer months.
(4) The $159,458 negative variance in the Stormwater Fund resulted from the award of a
grant in fiscal year 2006 that has not been received.
(4) The $192,089 positive variance in the General Employee Pension Fund resulted from
changes in the market values of the investments.
City of Atlantic Beach
FINANCIAL REPORT
March, 2006
Expenses
AGENDA ITEM #4A
APRIL 24, 2006
Annual YTD - 50% YTD Dollar Percent
Department / (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body $45,938 $22,969 $23,918 ($949) -4.13%
City Administration 2,119,933 1,059,967 1,011,421 48,546 4.58%
General Government (1) 2,240,185 1,120,093 760,618 359,475 32.09%
Planning and Building (2) 650,837 325,419 222,459 102,960 31.64%
Public Safety (3) 4,710,299 2,355,149 1,796,474 558,675 23.72%
Parks and Recreation 1,022,247 511,123 469,313 41,810 8.18%
Public Works (4) 6,214,842 3,107,420 2,247,127 860,293 27.69%
Public Utilities 7,062,599 3,531,300 3,362,790 168,510 4.77%
Pension - Police 400,936 200,468 203,201 (2,733) -1.36%
Pension - General 405,798 202,899 205,675 (2,776) -1.37%
Total $24,873,614 $12,436,807 $10,302,996 $2,133,811
Resource Allocation
Annual YTD - 50% YTD Dollar Percent
Estimate of Estimate Actual Variance Variance
Personal Services $7,899,947 $3,949,974 $3,646,059 $303,915 7.69%
Operating Expenses (2) - (4) 9,495,220 4,747,609 3,738,992 1,008,617 21.24%
Capital Outlay (1) & (4) 5,011,134 2,505,567 1,267,010 1,238,557 49.43%
Debt Service (5) 1,678,236 839,118 1,256,397 (417,279) -49.73%
Transfers 789,077 394,539 394,538 1 0.00%
Total $24,873,614 $12,436,807 $10,302,996 $2,133,811
Analysis of Major Variances
(1) The positive variance in the General Government departments resulted from not having
begun the various budgeted projects — see the Project Activity Schedule.
(2) The positive variance in the Planning & Building departments resulted from no monies
being expended in the Community Development Block Grant or the Tree Replacement
Fund as of March 31, 2006.
(3) The positive variance in the Public Safety department is due to the payment for the City
of Jacksonville fire contract being paid quarterly, the lifeguard expenses being seasonal
and no expenditures in some of the grants.
(4) The majority of the positive variance in the Public Works department resulted from not
having begun the various budgeted projects — see the Project Activity Schedule. Also,
the waste management contract and First Vehicle are not billed and paid until the month
after the services are provided.
(5) The negative variance in the Debt Service departments resulted from the payment of
principal and interest on the Utility Revenue Bonds in the months of October & April.
City of Atlantic Beach
FINANCIAL REPORT
March, 2006
Project Activity - Current Year Activity Only
AGENDA ITEM #4A
APRIL 24, 2006
Project Name
Project
Number
YTD YTD YTD
Budget Actual Balance Status
Parks and Recreation:
Beautification
PR0601 45,000 0 45,000
Subtotal 45,000 0 45,000
Public Safety
Police Building Renovations PS0504 475,000 2,570 472,430 D
Homeland Security Items PS0601 138,000 0 138,000
Subtotal 613,000 2,570 610,430
Public Works:
Plaza Entrance/Post Office PW0305 54,686 54,686 0 C
Hopkins Creek Basin Pond PW0309 1,300,000 0 1,300,000 E
Mayport Road Medians PW0401 346,858 55,858 291,000 E
Welcome Sign and Landscaping PW0405 78,000 52 77,948 I
Ocean/13th - Coast Drive/12th PW0409 141,816 141,797 19 I
Five Points Intersection Improvement PW0502 346,599 310,154 36,445 I
Sidewalks - New PW0503 26,175 26,175 0 C
Plaza Drive Phase 2 Pedestrian Path PW0504 37,500 19,951 17,549 I
Sidewalks - Replacements PW0505 5,864 5,864 0 C
Seminole Ditch Headwall PW0507 12,974 12,974 0 C
Pathway - Plaza (West of Mayport Road) PW0508 27,144 27,144 0 C
Concrete Floor for Shed PW0601 8,800 8,800 0 C
Medians Rehab - Atlantic Boulevard PW0602 20,000 0 20,000
Roll Off Concrete Pads PW0603 10,000 0 10,000
Sidewalks & Curbs PW0604 50,000 3,592 46,408 I
Paving of City Hall Parking Lot PW0605 84,000 0 84,000
Pathways PW0606 149,000 0 149,000
Sidewalks - Sailfish,Royal Palm & Frances PW0607 90,800 446 90,354 I
Selva Tierra Ditch Improvements PW0608 25,954 0 25,954 I
Pathway - Seminole Road Phase 1 PW0609 63,000 62,973 27 C
Pathway - Seminole Road Phase 2 PW0610 47,652 44,700 2,952 C
Pathway - Seminole Road Phase 2 PWO611 17,000 0 17,000 I
Traffic Isle - Mandalay Park 2,943,822 775,166 2,168,656
Public Utilities:
Security Upgrade/Water Plants PU0305 2,485 2,485 0 C
Headwork Improvements at WWTP2 PU0310 52,027 52,027 0 C
Water Line at 10th Street & Beach Avenue PU0503 83,446 83,446 0 C
Mayport Road Sewer Crossing PU0504 50,000 0 50,000
Fence Replacement at Water Plant 1 PU0601 70,000 0 70,000
Water Main at Sailfish Drive & Plaza PU0602 65,703 484 65,219 I
Sewer Crossing Ditch at Palm Landing PU0603 30,000 0 30,000
Genset at Lift Station B PU0604 44,650 0 44,650 I
Clarifier Rehabilitation PU0605 100,000 0 100,000
Fence Replacement at WWTP 1 PU0606 15,000 0 15,000
Sludge Container Refurbishment PU0607 15,000 0 15,000
Subtotal 528,311 138,442 389,869
Status Key
B - Bid Awarded
C - Project Completed
D - Design Completed
Total $4,130,133 $916,178 $3,213,955
E - Design Phase
I - Project In -progress
R - Re -budget Next Fiscal Year
AGENDA ITEM #4B
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Extension of Annual Contract for Meter Testing and Repair
Bid No. 0304-15
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: April 14, 2006
BACKGROUND: On April 28, 2004, bids were opened for the City annual contract for Meter
Testing and Repair. The low bidder meeting all bid requirements was Reed & Shows Meter Repair &
Supply.
The City has spoken to Reed & Shows regarding an extension of their current contract for one year at
the current rates and they have agreed. As per Bid No. 0304-15: "The City reserves the right to renew
the contract for two additional one-year periods pending a mutual agreement between the City and the
vendor, and a review of the contract performance by vendor for the previous year."
The vendor has agreed to renew his contract, and staff has been pleased with the performance of this
contractor.
BUDGET: These services are used on an annual or as -needed basis, and funding is included in the
Water Fund in the amount of $10,000 under account number 400-5504-533-3400.
RECOMMENDATION: Extend the Meter Testing and Repair contract for one additional year to
Reed & Shows Meter Repair & Supply at the contract prices.
ATTACHMENTS: 1. Letter of agreement to extend contract from Reed & Shows Meter Repair and
Supply.
REVIEWED BY CITY MANAGER:
04/17/2006 10:16 7709491015
STOP ETC OFFICE SUPL
APR -11-2008 TUE 04:01 PM ATL. HCH. PUBLIC WORKS FAX N0. 904 247 5843
AGENDA ITEM #4B
APRIL 24, 2006
CITY OF ATLANTIC BEAckl
DEPARTMENT OF PUBLIC WORM;
1200 sANDPIPBR LANB
ATLANTIC BEACH, FLORIDA 32233-4318
TELE,PfIQNFt (904) 247-5834
FAX: (904) 247-5843
SUNCOM: 852.5834
www.aoab,us
April 11, 2006 la'AX: (770) 949-1015
Mr. Bill Shows
Reed & Shows Meter Repair and Supply
5463 Dukes Road
Douglasville, QA 30135
RE: Extension of Bid No. 030445
Dear Mr. Shows;
As you are aware, the annual contract with the City of Atlantic Beach for meter testing
and repair expires at the end of April, 2006. We would like to extend the contract for
another year at the current prices, if this is aeceptnble to your company. If acceptable,
please sign below and return to me by April 1, 2006, so I can prepare a staff report for the
City Commission.
We look forward to recommending dist we continue our contract with your company.
Sincerely,
Dona Kakrzniak
Utility Director
REED & SHOWS METER REPAIR AND SUPPLY AGREES TO EXTEND THE
CONTRACT WITH THE CITY O1? ATLANTIC BEACH AT THE PRICES
SUBMITTED IN BID NO, 0304-15 FOR AN ADDITIONAL YEAR BEGINNING
M ; 112006,
Bila Shaws
24)0
Date
AGENDA ITEM #6A
APRIL 24, 2006
RESOLUTION NO. 06-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF
2006, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, for many years the State of Florida has been under pressure to support
initiatives designed to allow offshore drilling off the coast of Florida in the Gulf of Mexico, and
WHEREAS, although these efforts have been previously defeated, the United States
Congress is again considering whether such drilling should occur adjacent to the State of Florida,
and
WHEREAS, the Department of the Interior has prepared the 2007-2012 Offshore Drilling
Plan for the Gulf of Mexico that includes a proposal to give the State of Louisiana the authority over
portions of Florida waters, and that if the plan to grant authority over Lease Sale Area 181 to
Louisiana is approved, it bears the potential to allow drilling in Florida waters, and
WHEREAS, any such action is contrary to the consistent opposition of Floridians to oil
exploration in Florida waters and will undermine Florida's efforts to protect local waters and our
coastline, and
WHEREAS, this component of the offshore drilling plan should be challenged and Florida
should seek to maintain its right to manage its own waters in accordance with the community and
environmental standards that its citizens demand, and
WHEREAS, Florida Senators Mel Martinez and Bill Nelson have introduced a bill known
as the Permanent Protection For Florida Act of 2006, which would permanently prohibit offshore
drilling on the outer Continental Shelf off the State of Florida, including Lease Sale Area 181,
which, under the Department of the Interior 2007-2012 Offshore Drilling Plan for the Gulf of
Mexico, would give the State of Louisiana authority over portions of Florida waters, including
Lease Sale Area 181, and
WHEREAS, the Permanent Protection for Florida Act 2006 is a bipartisan bill that
proposes to protect Florida's unique environment and tourism dependent economy from the threat
of offshore drilling.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SECTION 1, The City Commission of the City of Atlantic Beach hereby supports the
passage of the Permanent Protection for Florida Act of 2006.
Resolution No. 06-05 Page 1 of 2
AGENDA ITEM #6A
APRIL 24, 2006
SECTION 2, This Resolution shall be spread upon the minutes of the City of Atlantic
Beach and copies shall be provided to all members of the United States Congress representing the
State of Florida and other officials as deemed appropriate by the City.
SECTION 3. This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission this day of , 2006.
ATTEST:
Donna L. Bussey, City Clerk Donald M. Wolfson
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Resolution No. 06-05 Page 2 of 2
AGENDA ITEM #6B
APRIL 24, 2006
RESOLUTION NO. 06-06
A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA SUPPORTING
THE APPLICATION TO FLORIDA COMMUNITIES TRUST FOR FUNDS TO
ACQUIRE THE BUCKMAN PROPERTY IN THE INTRACOASTAL WATERWAY
AND COMMITTING CITY FUNDS FOR THAT PROJECT
WHEREAS, the pristine western shore of Atlantic Beach is one of the outstanding
features of our City, a beautiful and welcome sight to commuters returning home from work, to
visitors, boaters on the intracoastal waterway and is a recognizable hallmark for our City
throughout our history, and
WHEREAS, the City of Atlantic Beach, City of Jacksonville, and the State of Florida
have demonstrated a commitment to preserving the portions of the intracoastal waterway
adjacent to the City by the acquisition of Dutton Island (342 acres) and also Tideviews Preserve
(9 acres), and
WHEREAS, the Buckman Tract property, lying between Dutton Island and the
Tideviews Preserve, consists of 345 acres including Crying Child Island, and is a regionally
significant environmental resource as well as the home of important flora and wildlife, and
WHEREAS, the property owned by the Buckman Trust has been offered for sale for
development in the past and its commercial development would detrimentally affect the
intracoastal waterway adjacent to Atlantic Beach and would be inconsistent with the City's
efforts to preserve and protect this area, and
WHEREAS, the acquisition of the Buckman Trust property would resolve several issues
regarding access that have been raised in recent years, as well as resolve potential riparian rights
disputes, and
WHEREAS, several groups, including citizens of Atlantic Beach and the City of
Jacksonvilie have worked to prepare an application to Florida Communities Trust (FCT) for a
grant for funds for the cost of property acquisition which is estimated to range between 2.1 and
2.4 million dollars and State requirements for FCT grants require a local share of 25% of the
purchase price and local funds in the amount of $110,000 has already been raised as a result of
the lawsuit settlement with the developer of Johnston Island, and
WHEREAS, the City of Jacksonville has already spent approximately $20,000 in
preparing the FCT grant application, and the deadline for that application is May 10, 2006, and
documentation of the local share of the funding is required as part of the grant application.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
That the City commits the necessary funds required to provide the 25% match of the
price for the purchase of the Buckman Trust property if a grant from the Florida Communities
AGENDA ITEM #6B
APRIL 24, 2006
Trust is approved and with the understanding that the title for the property would be transferred
to the City of Atlantic Beach.
This Resolution shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission this day of 2006.
ATTEST:
Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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AGENDA ITEM #6C
APRIL 24, 2006
RESOLUTION NO. 06-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH SUPPORTING THE EXPANSION OF JTA BUS SERVICE TO NORTHERN ST.
JOHNS COUNTY
WHEREAS, the potential of JTA Bus service extending from routes now serving the
Beaches communities to the Sawgrass Village and Sawgrass Marriot Hotel complex would be a
great benefit to employees working in the area, and
WHEREAS, the tremendous increase of vehicular traffic between the Beaches cities and
the Sawgrass Ponte Vedra area would be relieved to some degree by citizens using the bus
instead of single occupant vehicles, and
WHEREAS, a Park and Ride arrangement for commuters who travel from St. Johns
County to Southpoint may help reduce the heavy rush hour load on Butler Boulevard, and
WHEREAS, the growing level of cooperation between Northeast Florida counties is
evident in the work of the Metropolitan Planning Organization (MPO) and the Northeast Florida
Regional Planning Council which suggests that this is the appropriate time for this effort.
NOW, THEREFORE, BE IT RESOLVED, THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. That the City of Atlantic Beach respectfully requests the feasibility of
expanding JTA Bus Service into St. Johns County be explored.
Section 2. That the appropriate organizations including the St. Johns County
Commission, the JTA, the MPO, the Florida Department of Transportation (FDOT) all explore
the benefits, costs, funding sources and service routes in connection with this proposal with the
objective of enhancing transportation options and improvements for the citizens of our area.
Section 3. This Resolution shall take effect upon adoption.
PASSED by the City Commission this day of 2006.
ATTEST:
Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
eiell of
o7acgscmvilk &eac/?
April 4th 2006
AGENDA ITEM #6C
APRIL 24, 2006
CC,TO:
C��City Cornet.
" ,, i ty Mznager
i'City Attorney
E, Press
laY 1e
ELEVEN NORTH THIRD STREET • JACKSONVILLE BEACH, FLORIDA 1-125 , H '
The Honorable Donald Wolfson
Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mayor Wolfson:
Phone: 904 / 247-6268
The City Council of Jacksonville Beach adopted the attached Resolution 1741-2006 on April 3,
2006. The purpose of this Resolution is to request support for the expansion of bus services
along A1A from the beach cities in Duval County to northern St. Johns County.
The City of Jacksonville Beach is concerned about the lack of bus service between the beach
cities and St. Johns County, especially since large regional employers such as the Sawgrass
Marriott and TPC employ many local workers. One goal is that increased bus service could
reduce traffic on A 1A.
In addition, a Park and Ride arrangement for commuters who live in our beach communities and
work in the Southpoint area may help reduce the heavy rush hour traffic on Butler Boulevard.
For these reasons the attached Resolution requests that:
3. The Jacksonville transportation Authority (JTA) explore the feasibility of expanding
bus service for the beaches communities into St. Johns County.
4. The JTA, and Metropolitan Planning Organization, and Florida Department of Trans-
portation all explore the benefits, cost, funding sources, and routes with the objective
of enhancing the transportation options forthecitizens of the Beaches Communities.
It would be appreciated if your community would support this request by adopting a similar
Resolution and work with us to enhance the transportation options for our citizens.
Thank you for your consideration, and if you have any questions please feel free to contact
Council Member Penny Christian (phone 285-6787) or me (247-6268).
Sincerely,
Fland O. Sharp
Mayor
FOS :mjs
Attach.
AGENDA ITEM #6C
APRIL 24, 2006
Introduced try: Counciynemher Spence
Adopted: April 3, 2006
RESOLUTION NO. 1741-2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE BEACH SUPPORTING THE
EXPANSION OF JTA BUS SERVICE TO NORTHERN ST.
JOHNS COUNTY.
WHEREAS, the potential of JTA Bus service extending from routes now serving the Beaches
communities to the Sawgrass Village and Sawgrass Marriot Hotel complex would be a great benefit to
employees working in the area; and
WHEREAS, the tremendous increase of vehicular traffic between the Beaches cities and the
Sawgrass Ponte Vedra area would be relieved to some degree by citizens using the bus instead of
single occupant vehicles; and
WHEREAS, a Park and Ride arrangement for commuters who travel from St. Johns County to
Southpoint may help reduce the heavy rush hour load on Butler Boulevard; and
WHEREAS, the growing level of cooperation between Northeast Florida counties is evident in
the work of the Metropolitan Planning Organization (MPO) and the Northeast Florida Regional
Planning Council which suggests that this is the appropriate time for this effort.
NOW, THEREFORE, BE 1T RESOLVED, THE. CITY COUNCIL OF THE CITY OF
JACKSONVILLE BEACH, FLORIDA:
SECTION 1. That the City of Jacksonville Beach respectfully requests the
feasibility of expanding JTA Bus Service into St. Johns County be explored.
SECTION 2. That the appropriate organizations including the St. Johns County Commission,
the JTA, the MPO, the Florida Department of Transportation (FDOT) all explore the benefits, costs,
funding sources and service routes in connection with this proposal with the objective of enhancing
transportation options and improvements for the citizens of our area.
SECTION 3. This Resolution shall take effect upon adoption.
AUTHENTICATED this$111 day of, Lf -/, , A.D. 2006.
1
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/ i/
ei • 1 Reagan, CITY * ERK
AGENDA ITEM #7A
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Final reading and public hearing to consider and enact proposed
Ordinance 90-06-191, rezoning certain lands (See Exhibit A) from Residential, Single-
family (RS -1) to a new Zoning District classification, Residential, Single-family, Large Lot
(RS -L) with adoption of this ordinance establishing boundaries of the new District on the
City of Atlantic Beach Zoning Map.
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: April 17, 2006
BACKGROUND: In response to citizen's objections over the division of larger lots located
within the Selva Marina subdivision, the City Commission has established a new Zoning
District, Residential, Single-family, Large Lot (RS -L). The new classification is now included as
part of the zoning regulations, but must be placed on the Zoning Map in order to be applied.
The area currently being considered for this new zoning designation is now zoned Residential,
Single-family (RS -1), which requires a minimum lot size of 7500 square feet with 75 -feet in
width and 100 -feet in depth. The minimum lot size for the new RS -L district is 10,000 square
feet with a minimum width and depth 100 -feet. Other standards, such as height, setbacks and
impervious area, remain the same as within the RS -1 district. The attached map depicts that area
of the City now proposed to be rezoned to the new Residential, Single-family, Large Lot Zoning
District (RS -L).
BUDGET: No budget issues.
RECOMMENDATION: Approved upon first reading and public hearing at April 10, 2006
meeting. Motion to enact Ordinance 90-06-191.
ATTACHMENTS: Proposed Ordinance 90-06-191, copy of Property Owner Notification and
Exhibit A (General Location Map.)
REVIEWED BY CITY MA
April 24, 2006 regular meeting
AGENDA ITEM #7A
APRIL 24, 2006
ORDINANCE NUMBER: 90-06-191
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER
90-06-191, SAID ORDINANCE REZONING THOSE AREAS SHOWN
ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT
A, FROM RESIDENTIAL, SINGLE-FAMILY (RS -1) TO RESIDENTIAL,
SINGLE-FAMILY, LARGE LOT (RS -L) CONSISTENT WITH
SECTION 24-104 OF THE ZONING, SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS AS ENACTED BY ORDINANCE 90-
06-189, WHICH ESTABLISHED THE RESIDENTIAL, SINGLE-
FAMILY -LARGE LOT (RS -L) ZONING DISTRICT CLASSIFICATION,
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION,
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and enhanced by the
enactment of this ordinance, and
WHEREAS, the change in Zoning District designation enacted by this ordinance shall
provide for orderly growth; encourage the most appropriate use of Land; protect and conserve
the value of property; prevent the overcrowding of Land; promote, protect and improve the
health, safety, comfort, good order, appearance, convenience, and general welfare of the public
and serve to accomplish and implement the goals and objectives of the Comprehensive Plan,
and
WHEREAS, after required notice, public hearings were held on the 10th day of April
2006 at 7:15 p.m. and on the 24th day of April 2006 at 7:15 p.m. to hear and enact said
Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
a. This change in Zoning District designation has been fully considcrcd aftcr public
hearings with legal notice duly published as required by law.
b. This change in Zoning District designation is consistent with the adopted 2015
Comprehensive Plan and the Future Land Use Designation of Residential, Low
Density.
c. This change in Zoning District designation to Residential, Single -Family, Large Lot
(RS -L) is consistent with the Section 24-104 of the Land Development Regulations for
the City of Atlantic Beach.
Ordinance 90-06-191 Page 1 of 2
AGENDA ITEM #7A
APRIL 24, 2006
d. This change in Zoning District designation to Residential, Single -Family, Large Lot
(RS -L) is consistent and compatible with surrounding development.
SECTION 2. Pursuant to this change in Zoning District designation procedure, the
Zoning District classification of those lands within the City of Atlantic Beach, limited to those
lands as depicted on the Geographic Location Map, attached as EXHIBIT A are upon
enactment of this Ordinance reclassified from Residential, Single -Family (RS -1) to
Residential, Single -Family, Large Lot, (RS -L).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for
vested rights in accordance with applicable ordinances and laws. Furthermore,
notwithstanding any provision of this ordinance, no portion of any ordinance, building code,
Comprehensive Plan or any other regulation shall be deemed waived or varied by any
provision herein.
SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 5. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the change in zoning classification
shall be recorded on the official Zoning Map as maintained in the Building, Zoning and
Community Development Department by the Community Development Director or designated
administrative official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 10th day of April 2006. Passed on final reading and public hearing this 24th
day of April 2006.
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONALD M. WOLFSON
Mayor/Presiding Officer
DONNA BUSSEY
City Clerk
Ordinance 90-06-191 Page 2 of 2
AGENDA ITEM #7A
APRIL 24, 2006
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233
Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www.coab.us
PROPERTY OWNER NOTIFICATION
NOTICE OF PUBLIC HEARING
TO: Property owners of land described within this notice
and as shown on the attached General Location Map
FROM: City of Atlantic Beach
NOTICE is hereby given of a public hearing to be held by the City Commission for the City of
Atlantic Beach to consider and enact Ordinance Number 90-06-191, said Ordinance rezoning those
areas shown on the Geographic Location Map, attached as Exhibit A, from Residential, Single -
Family (RS -1) to Residential, Single -Family, Large Lot (RS -L) consistent with Section 24-104 of
the Zoning, Subdivision and Land Development Regulations as enacted by Ordinance 90-06-189,
which established the Residential, Single-family, Large Lot (RS -L) Zoning District Classification.
Second reading of the proposed ordinance, a public hearing and action on the proposed ordinance is
scheduled for Monday, April 24, 2006 at 7:15 p.m. in the City Hall Commission Chambers located
at 800 Seminole Road.
Interested parties may attend the meeting indicated in this notice and state your opinions, or
comments regarding this matter may be mailed to the address contained in this notice. in
accordance with the Americans with Disabilities Act, persons needing special accommodation to
participate in this meeting should contact the City of Atlantic Beach at (904) 247-5800, 800
Seminole Road, Atlantic Beach, Florida 32233 not later than 2 days prior to the date of this meeting.
A copy of the proposed ordinance is available for review during normal business hours at the City of
Atlantic Beach City Clerk's office, also located at 800 Seminole Road, Atlantic Beach, Florida
32233.
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AGENDA ITEM #7B
APRIL 24, 2006
ORDINANCE NO. 58-06-31
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE VI, DIVISION 3, GENERAL EMPLOYEE
RETIREMENT SYSTEM, TO INCREASES THE
EMPLOYEE CONTRIBUTION RATE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Atlantic Beach, Florida has an interest in the future
retirement of its employees and wishes to improve the retirement systems whenever
feasible; and
WHEREAS, the City desires to remain competitive in the local area with respect
to salary and benefits offered to its employees.
WHEREAS, the City and certain employee representation groups have agreed to
specific provisions through the collective bargaining process; and
WHEREAS, the City Commission has received and reviewed an actuarial impact
statement related to this change; and
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, That;
SECTION 1. Chapter 2, Administration; Article VI, Employee Benefits; Division 3,
General Employee Retirement System be amended as follows:
DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM
Sec. 2-298. Member contributions.
(a) Member contributions for benefit group general shall be three (3) four (4)
percent of salary. Effective September 24, 2006, member contributions for
benefit group general shall be five (5) percent of salary and said contribution
shall be deducted from the member's pay and paid over into the retirement
system at least monthly.
SECTION 2. Severability
AGENDA ITEM #7B
APRIL 24, 2006
If any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date
This ordinance shall take effect immediately upon its passage and as soon as
the related payroll deduction items can be implemented.
PASSED by the City Commission on first reading on the day of
2006.
PASSED by the City Commission at Public Hearing and final reading this
day of 2006.
Donald M. Wolfson
Mayor / Presiding Officer
ATTEST:
Donna L. Bussey
City Clerk
Approved as to form and correctness:
Alan Jensen
City Attorney
LEGEND: Underlining is new language
Strikethrough is old language
AGENDA ITEM #7C
APRIL 24, 2006
ORDINANCE NO. 20-06-76
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day to day decisions affecting
such budgetary systems require adjustments from time to time, and
WHEREAS, the City Commission has considered the projects that are Community
Development Block Grant eligible and chosen projects accordingly taking into consideration the
current year's allocation along with unused funds from fiscal year 2005, and
WHEREAS, the Public Safety Department has been informed of two Florida Department
of Law Enforcement (F.D.L.E.) grants awarded to the City to be used for digital video/audio
recorder equipment and for tactical vests, helmets, headsets and rifle shields, and
WHEREAS, the City has agreed to award a bid for utilities in a Beaches Habitat project
with an agreement to be reimbursed for all expenses over the $50,000 included in the City's
C.D.B.G. fund, and
WHEREAS, the City issued an emergency purchase order for an unbudgeted repair to
the wastewater treatment plant #1, and
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2005/2006 Operating Budget be amended as follows:
Police Grant Fund — F.D.L.E. Byrne Grant
Revenues:
Grant Proceeds $6,536
Expenses:
Public Safety
Police Crime Suppression Unit Division
Capital Outlay — Equipment
$6,536
Change in Fund Balance $0
ORDINANCE NO. 20-06-76 Page 1 of 3
AGENDA ITEM #7C
APRIL 24, 2006
Police Grant Fund — F.D.L.E. State Homeland Security Program
Revenues:
Grant Proceeds $20,000
Expenses:
Public Safety
Police Patrol Division
Operating Expenses -Supplies $3,500
Capital Outlay — Equipment 16,500
Total Expenses $20,000
Change in Fund Balance $0
Community Development Block Grant
Revenues:
Grant Proceeds:
$33,742
Expenses:
Parks and Recreation
Capital Outlay — Improvements $6,852
Planning
Aid to Private Citizens — Building Rehabilitations 18,295
Utility Improvements for Beaches Habitat Housing 58,595
Septic Conversion Program <80,000>
Sidewalks on Jordan Street 30,000
Total Expenses: $33,742
Change in Fund Balance $0
Water Utility Fund
Revenues:
Cost reimbursement from Beaches Habitat $18,300
Expenses:
Distribution
Capital Outlay — Improvements
$18,300
Change in Fund Balance: $0
ORDINANCE NO. 20-06-76 Page 2 of 3
AGENDA ITEM #7C
APRIL 24, 2006
Sewer Utility Fund
Revenues:
Cost reimbursement from Beaches Habitat $43,700
Expenses:
Treatment
Capital Outlay — Improvements $48,000
Collection / Transmission
Capital Outlay — Improvements 43,700
Total Expenses: $91,700
Change in Fund Balance: $<48,000>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this 10th day of April, 2006.
Passed by the City Commission on second and final reading this day of April, 2006.
Donald .M. Wolfson
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
ORDINANCE NO. 20-06-76 Page 3 of 3
Donna Bussey
City Clerk
AGENDA ITEM #7D
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: ORDINANCE NO. 20-06-77 AMENDING THE OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH,
FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2005 AND ENDING SEPTEMBER 30, 2006.
SUBMITTED BY: Nelson Van Liere
Finance Director
DATE: April 13, 2006
BACKGROUND: This budget amendment funds a $1,000 contribution to the
commissioning of the newly built destroyer USS Farragut. The
funds requested are a token amount to assist the Commissioning
Committee's efforts in making this a memorable event for the
community and showing the support of the City of Atlantic Beach
for the local impact the Navy presence has on our community
Jill Jackson, President of the Friends of Atlantic Beach Elementary has
requested that the City Commission increase the budget for the track from
$25,000 to $50,000. While her letter requests that the City reallocate the
$10,000 for the landscaping/Sherry Drive improvements to this track
project, it is their intent to request replacement funding for this from the
City in the future. At the April 10, 2006 commission meeting, the
Commission agreed to reallocate the $10,000 for the landscaping as
requested and add an additional $10,000 for the project. Art Graham of
the City of Jacksonville agreed to fund the remaining $5,000 requested.
The Friends of Atlantic Beach Elementary have also worked with the
school board to prepare a Memorandum of Understanding which is ready
for approval.
BUDGET: The total net impact of this ordinance on the City's fund balances
is a reduction of $11,000.
RECOMMENDATION: Approve Ordinance No. 20-06-77
ATTACIMIENTS: Ordinance No. 20-06-77
REVIEWED BY CITY MANAGER:
AGENDA ITEM #7D
APRIL 24, 2006
ORDINANCE NO. 20-06-77
AN ORDINANCE AMENDING TILE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006.
WHEREAS, the City Charter of the City of Atlantic Beach requires that the City
Commission approve all budgetary increases and transfers at the fund level, and
WHEREAS, the nature of budgetary systems and those day to day decisions affecting
such budgetary systems require adjustments from time to time, and
WHEREAS, the City Commission has considered the positive impact the Navy has on
our community and is supportive of the commissioning of the USS Farragut.
WHEREAS, the City Commission is supportive of the Atlantic Beach Elementary
School capital improvements, upgrading the athletic track for the benefit of all.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
1. The Fiscal Year 2005/2006 Operating Budget be amended as follows:
General Fund
Expenses:
City Commission
Operating Expenses — Promotion
$1,000
Change in Fund Balance <$1,000>
Half Cent Sales Tax Fund
Expenses:
Parks and Recreation
Operating Expenses - Aid to Other Governmental Organizations
$10,000
Change in Fund Balance <$10,000>
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this day of April , 2006.
Passed by the City Commission on second and fmal reading this day of May, 2006.
Donald M. Wolfson
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Alan C. Jensen, Esquire
City Attorney
Donna Bussey
City Clerk
AGENDA ITEM #3A
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Renewal of Franchise Agreement with Comcast and adoption of
ordinance relating to cable TV services
SUBMITTED BY: Jim Hanson, Ci M
DATE: April 18, 2006
BACKGROUND: The current (expired) franchise agreement with Comcast for provision of
cable services in Atlantic Beach was originally signed on June 8, 1992
with Continental Cablevision of Jacksonville. The term of the agreement
was for 13 years which expiring in June of 1995. This original agreement
did not contain any customer service requirements other than references to
federal standards, contained some technical standards which are many
years out of date and otherwise appeared to be a "standard" agreement
proposed by the cable TV company at the time.
City staff began working with Comcast in November of 2002 to negotiate
a renewal to the franchise agreement. Atlantic Beach and Jacksonville
Beach began working together in March of 2003 to jointly negotiate
franchise renewals because both agreements were to expire at
approximately the same time. Brennan, Manna & Diamond, a
Jacksonville legal firm with some expertise in cable TV negotiations, was
hired by the two cities and bills have been split ever since. Progress
reports on the status of the negotiations have been provided to the Mayor
and Commission on several occasions since 2002.
AT&T and Comcast "merged" in 2002 which allowed Comcast to
takeover of the management of the local cable system. It is important to
note that the level of attention to customer service issues and other matters
of local coordination have improved dramatically since Comcast has taken
over. While it is hoped that the current good level of service will be
continued indefinitely, the negotiations for the franchise renewal and
adoption of a related ordinance have often revolved around the particularly
poor service during the period of AT&T ownership ending in 2002.
This ordinance and franchise are molded after those adopted by the City of
Jacksonville, and do not follow the cable company's normal recommended
documents. This caused for our negotiations to be somewhat longer than
would normally be expected.
Both a franchise agreement and an ordinance are presented for your
review and approval. The ordinance is intended to outline the
requirements that would be applicable to any company that would engage
in providing cable TV services in Atlantic Beach. Atlantic Beach has not
AGENDA ITEM #8A
APRIL 24, 2006
had such an ordinance in the past. The franchise agreement contains the
particulars of the agreement with Comcast.
This set of agreements includes many provisions that were not in the
original franchise agreement which are beneficial to the citizens of
Atlantic Beach. Technical and customer service standards (see Section
7(c)) are clearly delineated. Following are examples of the new
requirements:
• Comcast must keep a payment office at one of the beach cities.
• Cable operators must answer the phone within 30 seconds (including
wait time) at least 90% of the time during normal operating conditions.
• The cable company must provide a credit to customers if their services
cut off for more than four hours upon request by the customer.
• Cable technicians may not cancel appointments without first
attempting to contact the customers and must notify customers if they
are going to be more than 15 minutes late for any scheduled
appointment. If the cable system technician does not comply with these
and misses an appointment, then a credit will be due on the customer's
bill.
• If the city receives an excessive number of customer complaints
(defined at anything more than 11 per month) it will constitute a
violation of the franchise agreement and may be subject to liquidated
damages.
• The cable company will provide at least one government access channel
available for government programming if requested by the
beach cities contingent upon meeting a minimum threshold of original
programming per week.
• The cable provider must provide service to all areas of the city
that meet at least a seven customer per mile standard. This means
that the cable company cannot choose to extend basic or enhanced
services only to a particular area or areas that may be more
profitable.
There are several liquidated damages provisions in the ordinance that can
be invoked for failure to meet several of these standards. A flow chart on
how the liquidated damages sections work is attached for your review.
The agreements also outline the city's right to revoke the franchise if there
are violations of any of several sections of this agreement or the
ordinance.
AGENDA ITEM #8A
APRIL 24, 2006
One similar provision to the original franchise agreement is that the cable
company must provide one free service to each City of Atlantic Beach
building upon request.
Upon execution of these agreements, the city will also receive a one time
payment from Comcast in the amount of $22,838 for "sponsorship of local
events". This is portionally equal, on a per capita basis, to an agreement
that the cable company reached with the City of Jacksonville after the
AT&T/Comcast merger.
Time may be of the essence for the adoption of the ordinance and approval
of the franchise agreement. Legislation is being considered at both the
state and federal level which may provide for state and/or national
franchises. It is not known at this time whether or not that legislation
would preempt existing city agreements. Atlantic Beach has already
expressed concern to the state and federal legislators about losing
authority over a number of issues if this legislation were passed. The
legislation is being supported in both Tallahassee and Washington by
various telephone companies that want to enter the cable TV business.
Generally, the phone companies hope to avoid the time it takes to deal
with cities and counties to obtain franchise agreements and want to be
unfettered by local requirements, such as serving the entire city and not
"cherry picking" the more profitable areas.
BUDGET: The city receives approximately $100,000 per year in franchise fees from
Comcast through the State Communications Tax. These agreements are
not anticipated to have any affect on the funds received from the cable TV
providers. Additionally, there are provisions included in these agreements
that preserve the city's right to collect franchise fees under local
legislation if the state law is changed or held to be invalid.
RECOIVIlVIENDATION: The City Commission should review these documents and be ready to ask
any questions you may have to either the cable company representatives or
attorneys working on our behalf at the meeting on April 24 . When
complete, the City Commission should vote to put both the resolution and
ordinance on the agendas for the May meetings. for approval and adoption.
ATTACHMENT: 1) Franchise Renewal Agreement with Comcast of Greater
Florida/Georgia Inc.
2) Draft Cable Television Ordinance
3) Flow Charts for Liquidated damages and Revocation Procedure
AGENDA ITEM #8A
APRIL 24, 2006
FRANCHISE RENEWAL AGREEMENT
FOR CABLE SYSTEM BY AND BETWEEN THE
CITY OF ATLANTIC BEACH, FLORIDA AND
COMCAST OF GREATER FLORIDA/GEORGIA, INC.
TABLE OF CONTENTS
Section 1 - Definitions
Section 2 — Grant of authority
Section 3 - Payments to City
Section 4 - Franchise fees
Section 5 Upgrade, extension requirements and construction
Section 6 - Annual Revenue Statements
Section 7 - Violations of Franchise Agreement, Ordinance
Section 8 - Revocation of Franchise
Section 9 - Abandonment
Section 10- Technical Violation
Section 11— Force Majeure
Section 12 — Foreclosure and Receivership
Section 13 —No Waiver
Section 14 — Notices
Section 15 — Miscellaneous Provisions
Section 16 — Entire Agreement
Section 17 — Modification of franchise
Section 18 --- Renewal of Franchise
Section 19 — Conveniently Located Office or Business Agent
Section 20 — Local Event Sponsorship
Section 21— Reports and public records
Section 22 — Transfers, sales and assignments
Section 23 — Other Agreements
THE FRANCHISE AGREEMENT
This Franchise Agreement is made and entered into this day of
2006, by and between the City of Atlantic Beach, Florida, a municipal corporation and
government under the laws of the State of Florida, together with its agents, employees
and elected or appointed officials (the "City") and Comcast of Greater Florida/Georgia,
Inc., a Florida corporation, authorized to do business in Florida, formerly known as
MediaOne of Greater Florida, Inc., and whose offices are located at 6805 Southpoint
Parkway, Jacksonville, FL 32216 ("Franchisee").
WITNESSETH:
WHEREAS, the City entered into a cable franchise agreement dated February 1,
1993, between the City and Franchisee, as successor to Continental Cablevision of
Jacksonville (the "1993 Franchise Agreement"); and
WHEREAS, MediaOne was an indirect subsidiary of AT&T Corporation
("AT&T"), which company entered into an agreement with Comcast Corporation to spin-
off the AT&T cable operations and merge the former AT&T cable company with
Comcast Corporation. Subsequently, MediaOne became an indirect subsidiary of the
newly combined parent company, now named Comcast Corporation. MediaOne's name
has been changed to Comcast of Greater Florida/Georgia, Inc.; and
WHEREAS, Franchisee and City have agreed that the 1993 Franchise Agreement
should be renewed as provided herein, with this document replacing the 1993 Franchise
Agreement in its entirety.
Now therefore, in consideration of the premises and covenants, the parties agree
as follows:
Section 1. Definitions.
For the purpose of this Franchise Agreement, capitalized terms, phrases, words,
and abbreviations that are not defined herein shall have the meanings ascribed to them in
the City of Atlantic Beach, Ordinance Code, Chapter (the "Cable Ordinance"), and
the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C.
§§ 521 et seq. (the "Cable Act").
"Director" means the City's Director of Public Works or Director's designee.
"Manager" means the City's Manager, or Manager's designee.
"Effective Date" means the date on which the City and Franchisee have executed
and delivered this Franchise Agreement.
2
"Franchise Agreement" means this Agreement and any amendments or
modifications hereto.
"Franchise Area" means the present legal boundaries of the City as of the
Effective Date, and shall also include any later additions thereto, by annexation or other
legal means.
"Gross Revenues" means the revenue derived by the Franchisee from the
operation of the cable system in the Franchise Area to provide cable service, calculated in
accordance with generally accepted accounting principles, including, but not limited to,
monthly basic, premium and pay-per-view service fees, installation fees, equipment
rental fees (including but not limited to high definition television fees, digital video
recorder fees, installation and service activation fees, and all other service and repair
fees), advertising and home shopping revenue. Gross Revenue shall not include
refundable deposits, bad debt, investment income, nor any taxes, fees or assessments
imposed or assessed by any governmental authority.
"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, but shall not mean the City.
"Public Right -of -Way" or "Street" shall mean the surface of, and the space above
and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk,
lane, public way, drive, circle or other public right-of-way including, but not limited to,
public utility easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the City in the Franchise Area, which shall entitle the
City and the Franchisee to the use thereof for the purpose of installing, operating,
repairing, and maintaining the Cable System. "Public Right -of -Way" shall also mean any
easement now or hereafter held by the City within the Franchise Area for the purpose of
public travel, or for utility or public service use dedicated for compatible uses, and shall
include other easements or rights-of-way as shall, within their proper use and meaning,
entitle the City and the Franchisee to the use thereof for the purposes of installing,
operating, and maintaining the Franchisee's Cable System over poles, wires, cables,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and
other property as may be ordinarily necessary and pertinent to the Cable System.
Notwithstanding the foregoing, "Public Right -of -Way" shall be limited to such locations
where Franchisee may use, install, operate, repair, and maintain the Cable System
without the violation of any law, ordinance of general applicability, easement, or right-of-
way.
Section 2. Grant of Authority.
2A. The City hereby grants to the Franchisee pursuant to and in accordance
with the Cable Act, Cable Ordinance and this Franchise Agreement, a nonexclusive
Franchise, which authorizes the Franchisee to construct and operate a Cable System
3
within the Franchise Area, and for that purpose to install underground cable television
lines, cables and wires and to construct, repair, replace, reconstruct, maintain, or retain,
under any Public Right -of -Way and all extensions thereof and additions thereto, such
wires, cables, conductors, ducts, conduits, vaults, manholes, and for the purpose to
construct, repair, replace, reconstruct, maintain, or retain above ground any pedestals,
amplifiers, appliances, and other related property or equipment as may benecessary or
appurtenant to the Cable System as technically required, subject to approval by the City.
Nothing in this Franchise shall be construed to prohibit the Franchisee from offering any
service over its Cable System that is not prohibited by federal, state or local law.
2.2. Term. The term of this Franchise Agreement shall commence on the
Effective Date and shall continue for a period of ten (10) years, having an expiration date
of , 2016, unless extended as described below or terminated in accordance with
the terms of this Franchise Agreement and the Cable Ordinance.
2.3. Renewal. Any renewal of this Franchise Agreement shall be governed by and
comply with the provisions of Section 626 of the Cable Act, as amended.
2.4. Cable Ordinance. This Franchise Agreement is issued pursuant to, and shall
be subject to the terms and conditions of the Cable Ordinance. Unless the Franchise
contains different terms and conditions, and in such case the Franchise shall control.
Franchisee shall comply with each of the provisions of the Cable Ordinance, only as it
exists on the Effective Date of this Franchise Agreement, with the exception of the
customer service standards in Section 7(c) of the Cable Ordinance, for which the City
reserves its rights to amend to the extent so permitted by federal law, and Franchisee shall
be bound by such provisions as amended. In the event of a direct conflict or direct
inconsistency as between this Franchise Agreement and the Cable Ordinance, the
Franchise Agreement shall control. Nothing in this Franchise Agreement shall (A)
abrogate the right of the City to perform any public works or public improvements of any
description, (B) be construed as a waiver of any codes or ordinances of general
applicability promulgated or to be promulgated by the City, or (C) be construed as a
waives or release of the rights of the City in and to the Public Right -of -Ways.
Section 3. Payments to City. Franchisee shall make all Franchise Fee payments to
the City within forty-five (45) days of the required date, with interest accruing at eight
percent (8%) per annum on past -due amounts, unless otherwise expressly provided
herein.
Section 4. Franchise Fees. The Florida Simplified Communications Services Tax
Act preempts Section 8 of the Cable Ordinance which calls for certain Franchise Fees to
be paid. If, however, the Florida Communications Services Tax Law is amended or
repealed so that a local franchising authority is allowed to impose and collect franchise
fees, then this Section 4 of the Franchise Agreement will become effective as outlined in
the Ordinance.
4.1. Amount. Franchisee shall pay the City a franchise fee of five percent (5%)
of Franchisee's Gross Revenues derived from the operation of the Cable System.
4
Franchise fee payments shall be paid on a quarterly basis (January 1, April 1, July 1, and
October 1) no later than forty-five (45) days after the end of each quarter. Each payment
shall be accompanied by a report to the Finance Officer showing the basis for the
payment computation.
4.2 Increase. The City shall have the option of increasing the franchise fee to
the maximum amount permitted by law following a public hearing and vote by the City
Commission, which change shall take effect no sooner than forty-five (45) days
following such vote and written notice to Franchisee.
4.3 Inspection of Records. Upon reasonable prior written notice, during
normal business hours, at Franchisee's principal Duval County business office, the City
shall have the right to inspect the Franchisee's financial records used to calculate the
franchise fees; provided, however, that any such inspection shall take place within two
(2) years from the date the City receives such payment, after which period any such
payment shall be considered final.
4.4 Report of Findings. Upon the completion of any such inspection by the City,
the City shall provide to the Franchisee a final report setting forth the City's findings,
including any and all substantiating documentation. The Franchisee shall have thirty (30)
business days from the receipt of the report to provide the City with a written response,
including any substantiating documentation. Any "Finally Settled Amount(s)" due to the
City as a result of such inspection shall be paid to the City by the Franchisee within thirty
(30) business days from receipt of written notice of the acceptance of such Finally Settled
Amount from the City. For purposes of this Section 4 the term "Finally Settled
Amount(s)" shall mean the mutually agreed upon underpayment, if any, to the City by the
Franchisee as a result of any such inspection.
Section 5. Upgrade, Extension Requirements and Construction.
5.1. Initial Service Area. Notwithstanding the provisions of Cable Ordinance
Section 6(a), "Initial Service Area" means that area of the corporate City limits defined
by the description and the map set forth on to this Franchise Agreement.
5.2 Extension of Service. The Franchisee shall extend its plant and make
service available to any new areas of the City having density of seven (7) or more
dwelling units per linear street mile as measured from Franchisee's distribution plant
within sixty (60) days after such areas are built out. Given the unique character of the
City's geography, Franchisee may be relieved from the density and extension
requirements pursuant to this section should barriers, such as ecological or environmental
areas of importance or the non-existence of public Rights -of -Ways contemplated by this
Franchise and the Cable Ordinance, significantly frustrate the performance of such
extensions.
53 Construction Bond/Liability for Subcontractors. Any construction bonds
shall be provided in accordance with the requirements of all applicable laws, unless
otherwise agreed to by both parties. Franchisee shall be liable for all acts and omissions
5
of its agents, employees or subcontractors, and shall indemnify and hold harmless the
City from and against any liabilities (including attorneys' fees, costs and such fees and
costs incurred by an appeal) arising out of any such acts or omissions. Franchisee shall
comply, and shall require all subcontractors and agents to comply, with any applicable
City codes or ordinances on construction bonds.
5.4 Construction Reports. From the date of commencement of any
construction through completion, the Franchisee shall furnish to the Director construction
progress reports, upon request, at one-month intervals. The reports shall indicate, in
reasonable detail, the progress of construction and shall be accompanied by a map
depicting the area of construction completed since the prior report as compared with the
construction that remains to be completed as set forth above. All construction projects
shall be subject to the terms and conditions of the Cable Ordinance.
5.5 No Discrimination. Neither the Franchisee nor any of its employees,
agents, representatives, contractors, subcontractors, or consultants, nor any other Person,
shall discriminate or permit discrimination between or among any Persons in the
availability of Cable Services provided in connection with the Cable System in the
Franchise Area. It shall be the right of all Persons to receive all available services
provided on the Cable System so long as such Person's financial or other obligations to
the Franchisee are satisfied.
5.6 New Developments. The City will use reasonable efforts to provide the
Franchisee with written notice of the issuance of building or development permits for
planned developments within the Franchise Area requiring undergrounding of cable
facilities upon application by Franchisee. The City will request the developer give the
Franchisee access to open trenches for deployment of cable facilities and at least ten (10)
business days notice of the date of availability of open trenches. The Franchisee shall be
responsible for engineering and deployment of labor applicable to its cable facilities.
5.7 Facility Relocation. In the event of any City road widening or other
projects making it appropriate in the City's reasonable discretion for Franchisee to
relocate its equipment or infrastructure, Franchisee shall do so on thirty (30) days written
notice by the City. Franchisee shall apply for all necessary permits within seven (7)
business days of the City's written notice. In the event the Franchisee's equipment or
infrastructure endangers or interferes with any equipment or project of the City,
Franchisee will immediately move its equipment and infrastructure at its own expense.
5.8 Supplemental Services. The parties agree that the following provisions
are in addition to all of the other requirements set forth in the Cable Ordinance.
Franchisee agrees that within ninety (90) days of the Effective Date of this Franchise
Agreement it will provide the Manager with an audit of all supplemental services listed
below that are currently being provided by Franchisee in municipal or other City -owned
public and community center buildings and public and private schools in the Franchise
Area. In addition, during the term of this Franchise Agreement, Franchisee agrees that it
will not reduce those supplemental services currently being provided by it to municipal
buildings, community centers and public and private schools.
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5.9 Service to School Buildings. The Franchisee shall provide free "Basic"
and "Expanded Basic" tier Cable Service, and free installation of one (1) outlet, to each
K-12 public and private school (but not including any "home school") located, now or
later, in the Franchise Area within one hundred twenty five (125) feet of Franchisee's
distribution plant.
5.10 Service to Government and Community Facilities. The Franchisee shall
provide free "Basic" and "Expanded Basic" tier Cable Service for four (4) outlets and one
(1) free installation to each municipal building and community center located in the
Franchise Area within one hundred twenty five (125) feet of Franchisee's distribution
plant.
Section 6. Annual Revenue Statements. Notwithstanding the preemption by State
law of Section 8 of the Cable Ordinance, Franchisee nevertheless agrees to provide the
City, upon request, with annual revenue statements, which shall be submitted within
forty-five (45) days after completion of the Franchisee's year-end close. The
Franchisee's senior financial manager responsible for financial reporting shall certify the
accuracy of the revenue statements and shall be conversant with the details of such
statements.
Section 7, Violations of Franchise Agreement, Ordinance.
7.1 Notice of Violation or Default. Unless otherwise provided herein, in the
event the City believes that the Franchisee has not complied with the terms of the
Franchise Agreement or the Cable Ordinance, it shall notify the Franchisee in writing by
certified mail with specific details regarding the exact nature of the alleged
noncompliance or default.
7.2 Franchisee's Right to Cure or Respond. Unless otherwise provided herein,
Franchisee's right to cure or respond shall be consistent with and in accordance with the
notice and cure provisions of Section 15, and subsections thereof, of the Ordinance Code
. In the event that, by nature of the default, such default cannot be cured in the
time prescribed in the Ordinance, Franchisee shall initiate reasonable steps to remedy the
default and notify the City of the steps being. taken and the projected date that they will
be completed, in which case, if acceptable to the City, which acceptance shall not
unreasonably be withheld, the City shall grant an extension of the cure period.
7.3 Appeal. Unless otherwise provided herein, Franchisee may appeal any
default decision of the Manager directly to the City Council within thirty (30) days of
notice of the decision. The City shall schedule a public hearing to investigate the alleged
default. The City shall notify the Franchisee in writing of the time and place of such
meeting and provide the Franchisee with a reasonable opportunity to be heard. Subject to
applicable federal and state law and appeal, if any, by Franchisee to a court of competent
jurisdiction, in the event the City Council, after such meeting, determines that the
Franchisee is in default of any provision of the Franchise, the City may:
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(i). seek specific performance of any provision, which reasonably lends itself to
such remedy, and/or seek damages or seek other equitable relief; or
(ii). in the case of a substantial default of a material provision of the Franchise,
declare the Franchise Agreement to be revoked in accordance with Section 8.
Section 8. Revocation of Franchise.
8.1 In addition to all of the rights and powers reserved by or pertaining to the
City, the City reserves as an additional and as a separate and distinct power the right to
terminate and/or revoke the franchise and all rights and privileges of the Franchisee
hereunder in any of the following events or for any of the following reasons, in the
manner allowed by federal law, with notice, opportunity to cure, and subject to all due
process rights including a public hearing:
(i) Should the Franchisee, by act or omission or breach of any
material term or condition, exhibit a practice of intentional misrepresentation, fraud or
deceit by a Franchisee in connection with such reports in one (1) calendar year.
(ii) Should the Franchisee become insolvent, unable or unwilling to
pay its debts or be adjudged bankrupt or should all or a substantial part of the
Franchisee's facilities be sold under an instrument to secure a debt. In such an instance,
the value of the Franchise can be calculated only on the value of Franchisee's hard assets
(excluding the cost and/or value of the installation of the hard assets) and not on the value
of the subscriber base.
(iii) Should the Cable System in the Franchise Area or any substantial
portion thereof within the Franchise Area fail to meet in total the minimum FCC signal
standards for two (2) such tests in any three (3) year period, or if any one (1) such
individual failure is not corrected within ninety (90) days. With respect to the foregoing,
every six (6) months, Franchisee shall conduct a test to determine whether the Cable
System in the Franchise Area or any substantial portion thereof within the Franchise Area
meets the minimum FCC signal standards. Within five (5) business days from
conducting such test, Franchisee shall submit the results of each test to the City.
(iv) Should the Cable System in the Franchise Area or any substantial
portion thereof within the Franchise Area experience a substantial pattern of non-
compliance with customer service standards or requirements.
8.2 The City shall give written notice to the Franchisee of its intent to revoke
the Franchise on the basis of a pattern of noncompliance by the Franchisee, including one
(1) or more instances of substantial noncompliance with a material provision of this
Franchise Agreement. The notice shall set forth with specificity the exact nature of the
noncompliance. The Franchisee shall have sixty (60) days from the receipt of such notice
to object in writing and to state its reasons for such objection. In the event the City has
not received a satisfactory response from the Franchisee, it may then seek termination of
this Franchise Agreement at a public hearing. The City shall cause to be served upon the
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Franchisee, at least ten (10) days prior to such public hearing, a written notice specifying
the time and place of such hearing and stating its intent to request termination of the
Franchise.
8.3 At the designated hearing, the City shall give the Franchisee an
opportunity to state its position on the matter, present evidence and question witnesses,
after which it shall determine whether or not the Franchise shall be revoked. The public
hearing shall be on the record and a written transcript, at the cost of Franchisee shall be
made available to the Franchisee within ten (10) business days. The decision of the City
shall be in writing and shall be delivered to the Franchisee in the manner set forth in
Section 14 herein. The Franchisee may appeal such determination to an appropriate court,
which shall have the power to review the decision of the City. Such appeal to the
appropriate court must be taken within sixty (60) days of the issuance of the
determination of the City.
8.4 In the event of a revocation or lawful termination or expiration of the
Franchise Agreement in accordance with federal law, the City shall issue a request for
proposals for a new franchisee. Franchisee's Cable System may otherwise be sold to the
City or subsequent Franchisee for fair market value; provided, however, no value shall be
attributed to the franchise itself, and the fair market value shall be for the cost of hard
assets less the cost and/or fair market value for the installation of the hard assets as set
forth in the "Cable Act" specifically Title VI of the Communications Act of 1934, as
amended from time to time, 47 U.S.C. Sections 547(a)(1) et seq.
8.5 The City may, at its sole discretion, take any lawful action that it deems
appropriate to enforce its rights under the Franchise in lieu of revocation.
Section. 9. Abandonment. In the event of abandonment of the Cable System or
any portion of the Cable System, Franchisee shall remove the Cable System and restore
the right of way, private property or easement to its previous condition. Franchisee may
petition the City for a waiver of this obligation if the removal of the Cable System or
portion of the Cable System would create more damage or disruption to the right of way,
private property or easement and City may grant such waiver in its reasonable discretion.
Section 10. Technical Violation. The City agrees that it is not its intention to
subject the Franchisee to penalties, fines, forfeitures or revocation of the Franchise for so-
called "technical" breach(es) or violation(s) of the Franchise, which shall include, but not
be limited, to the following:
in instances or for matters where a violation or a breach of the Franchise by the
Franchisee was good faith error that resulted in no or minimal negative impact on the
Customers within the Franchise Area; or
where there existed circumstances reasonably beyond the control of the
Franchisee and which precipitated a violation by the Franchisee of the Franchise, or
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which were deemed to have prevented the Franchisee from complying with a term or
condition of the Franchise.
Section 11. Force Majeure. The Franchisee shall not be held in default under,
or in noncompliance with, the provisions of this Franchise Agreement, nor suffer any
enforcement or penalty relating to noncompliance or default (including termination,
cancellation or revocation of the Franchise), where such noncompliance or alleged
defaults occurred or were caused by the following events if not reasonably within the
control of Franchisee: strike, riot, war, earthquake, flood, tidal wave, unusually severe
rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes,
failure of utility service necessary to operate the Cable System, governmental,
administrative or judicial order or regulation or other event that is reasonably beyond the
Franchisee's ability to anticipate or control. This provision also covers work delays
caused by waiting for utility providers to service or monitor their own utility poles on
which the Franchisee's cable and/or equipment is attached, as well as unavailability of
materials and/or qualified labor to perform the work necessary, but only to such extent
such work delays are caused by one of the force majeure events listed in this section This
provision does not cover situations, such as Normal Operating Conditions, where
Franchise is expected to have enough materials and labor on hand.
Section 12. Foreclosure; Receivership. Upon receiving notice of an intended
foreclosure or judicial sale, or intended appointment of a receiver or trustee whether in
receivership, reorganization, bankruptcy or other action or proceeding or intended
proceeding, concerning operations in the Franchise Area, the Franchisee shall
immediately notify the City of this fact, and the notification shall be treated as a material
breach and default, with the opportunity being given to cure such default within thirty
(30) days of the notice to Franchisee from the third party. If Franchisee fails to cure such
default within thirty (30) days of the notice to Franchisee from the third party,
Franchisee's Cable System may otherwise be sold to the City or subsequent Franchisee
for fair market value as determined in Section 8(d) hereof.
Section 13. No Waiver. Failure or delay by City in enforcing any provision of
this Franchise Agreement shall not be a waiver, forfeiture or estoppel or otherwise restrict
or prevent the City from enforcing any such provision related thereto. There can be no
waiver, forfeiture or estoppel of any provision in the absence of an amendment to this
Agreement executed with the same formalities as done herein.
Section 14. Notices.
All notices to the City shall be addressed to:
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233
All notices to Franchisee shall be to:
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Area Vice President
6805 Southpoint Parkway
Jacksonville, Fl. 32216
Facsimile: (904) 374-7622
With a copy to:
Division Vice President of Government Affairs
Comcast Cable Communications, Inc.
360 Interstate North Parkway, Suite 600
Atlanta, GA 30339
Facsimile: (678) 385-5101
Sr. Vice President — Law Department
Comcast Cable Communications, Inc.
1500 Market Street
Philadelphia, PA 19102
Facsimile: 215-640-4050
Section 15. Miscellaneous Provisions.
15.1 It shall be the Franchisee's responsibility to obtain at its cost any permits,
licenses or any other authorizations required under the Charter or Ordinance Code or any
other law of general applicability and if contrary to the franchise agreement, mutually
agreed upon in writing with Franchisee.
15.2 All approvals, licenses or permits required to construct the system shall be
timely applied for by the Franchisee in order to ensure compliance with the Agreement.
15.3 It shall be the . Franchisee's responsibility to obtain at its expense
permission to use any facilities or property belonging to the City or other entities.
Section 16. Entire Agreement. This Franchise Agreement and the Cable
Ordinance as written and in effect on , embodies the entire understanding and
agreement of the City and the Franchisee with respect to the subject matter hereof and
supersedes all prior understandings, agreements and communications, whether written or
oral. All ordinances or parts of ordinances, including, Ordinance Code , that are
in conflict with the provisions of this Franchise Agreement are superseded by this
Franchise Agreement. This Franchise Agreement may not be amended or altered,
whether by resolution, ordinance, or other means, without the written consent of the City
and Franchisee.
Section 17. Modification of Franchise. Any modification of this Franchise
Agreement shall be in accordance with the provision of Section 625 of the Cable Act (47
U.S.C. §545), unless otherwise agreed in writing as between the City and Franchisee.
11
Section 18. Renewal of Franchise. Franchise Agreement renewals shall be
done in accordance with the informal or formal requirements of §626 of the Cable Act
(47 U.S.C. §546).
Section 19. Conveniently Located Office or Business Agent.
As long as it continues to operate the system or any portion thereof in the
Franchise Area, the Franchisee shall maintain in either Atlantic Beach, Jacksonville
Beach or Neptune Beach, a conveniently located office or local business agent. The City
shall immediately be notified of the location of the office or any change thereof.
Section 20. Local Event Sponsorship.
The Franchisee shall provide to City a one-time payment in the sum of Twenty
Two Thousand Eight Hundred and Thirty Eight Dollars ($22,838) for the purpose of the
sponsorship of community events within ninety (90) days of the effective date of this
agreement. In turn, Comcast shall receive recognition of its sponsorship from the City
through signage, advertising, announcement, posters or other reasonable means.
Section 21. Reports and Public Records.
21.1 Availability of Books of Franchisee.
(i) The Franchisee shall keep complete and accurate records as
required by the FCC's rules as 47 CFR §76.1700 et seq. and 47 CFR §76.1800 et seq.
(ii) The City or its duly authorized representative shall have access to all
of the records as required in section one (1) herein on request, or at a minimum, by
written request on three business days notice. The Franchisee shall provide access during
the hours of 9:00 a.m. to 5:00 p.m. from Monday through Friday.
21.2 Concomitant with a filing or submission by the Franchisee of an annual
report or any other petition or communication having direct bearing on the Cable System
operated under this Agreement in the Franchise Area, with any governmental body,
including all reports required to be filed with the FCC, it shall file, upon request, a copy
of the document in written or electronic format with the City Manager.
Section 22. Transfers, Sales and Assignments.
22.1 No transfer, sale, change of control, merger or assignment of any interest
in a Franchise Agreement or Franchisee shall occur without prior approval of the City.
Such approval shall not be unreasonably withheld. For purposes of this entire section
"control" of a Franchisee or applicant means the possession of the ability to direct or
cause the direction of the management or policies of a Franchisee or applicant, or the
operation of the Franchisee's system(s), whether through operational control in whatever
manner exercised or ownership of voting securities, by contract or understanding, or in
12
any other manner. Notwithstanding the foregoing, prior approval of the City shall not be
required for a wholly intra -corporate transfer. A wholly intra -corporate transfer is
defined as a transfer between two direct or indirect wholly owned subsidiaries of the
same parent corporation involving no change of control as defined in this section.
22.2 An application for a transfer, sale or assignment of any interest of a
Franchise Agreement shall meet the requirements of subsection 22.6 hereof, and provide
complete information on the proposed transaction, including details on the legal,
financial, and technical qualifications of the transferee, and on the potential impact of the
transfer 011 Subscriber rates and service. The application shall provide, at a minimum, the
information required in subsection 22.6 hereof and such other information as is specified
in the Ordinance and this Franchise Agreement.
22.3 In making a determination on whether to grant an application for a transfer
of a Franchise Agreement, the City Commission shall consider the legal, financial, and
technical qualifications of the transferee to operate the system; whether the incumbent
cable operator is in substantial compliance with the material terms of its Franchise
Agreement and the Ordinance and, if not, the proposed commitment of the Transferee to
cure such noncompliance; and whether operation by the Transferee would adversely
affect cable services to subscribers, or otherwise be contrary to the public interest.
22.4 No application for a transfer of a Franchise Agreement shall be granted
unless the Transferee agrees in writing to abide by and accept all terms of the Ordinance,
as it existed on the effective date of this Franchise Agreement, and the Franchise
Agreement, and to assume all obligations and liabilities of the previous Franchisee,
regardless of whether such was disclosed to the transferee by the transferor, under the
Ordinance, as it existed on the effective date of the Franchise Agreement any other
subsequent agreements with the City. The City shall certify to Franchisee, upon request,
all issues of Franchisee's performance that are known and pending.
22.5 Subject to applicable law, approval by the City of a transfer of a Franchise
Agreement does not constitute a waiver or release of any of the rights of the City under
the Ordinance or the Franchise Agreement, whether arising before or after the date of the
transfer
22.6 Applications for Transfer of Franchise Agreement.
(i) A written application shall be filed with the City for the transfer or
change of control of a Franchise Agreement. Unless otherwise prohibited by law, a
Transferee shall pay up to Five Thousand Dollars ($5,000) of the City's actual costs to
process the application.
(ii) To be acceptable for filing, a signed original of the application
shall be submitted together with twelve (12) copies, and contain all required information.
All applications shall include the names and addresses of the persons authorized to act on
behalf of the applicant with respect to the application.
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(iii) All applications accepted for filing shall be made available by the
City for public inspection.
(iv) An application for the transfer of a Franchise Agreement shall
contain, at minimum, the following information:
(a) Name and address of the applicant and identification of the
ownership and control of the applicant, including: the names and addresses of all persons
with five percent (5%) or more ownership interest in the applicant, including the names
and addresses of parents or subsidiaries holding such ownership interests directly or
indirectly; the persons who control the applicant; all officers and directors of the
applicant; and any other Cable System. For purposes of this entire section, "person"
means any individual, corporation, partnership, association, joint venture, organization or
legal entity of any kind, and any lawful trustee, successor, assignee, transferee or
personal representative thereof.
(b) A demonstration of the technical, legal and financial ability
of the applicant to construct and/or operate the proposed Cable System;
(c) A statement prepared by a certified public accountant or
duly authorized financial officer of the Applicant regarding the financial ability of the
applicant to comply with the terms and conditions of the Ordinance and Franchise
Agreement, and if applicable to complete the construction and/or upgrade and maintain
operation of the Cable System;
(d) A description of the prior experience of the applicant in
Cable System ownership, construction and operation, and identification of communities
in which the applicant or any person having a controlling interest in the applicant or
having more than a ten percent (10%) ownership interest in the applicant has, or has had,
a cable Franchise Agreement or Franchise Agreement or any interest therein;
(e) For informational purposes, the proposed rate structure,
including projected charges for each Service Tier, installation, converters, and other
equipment or services, and the ownership interest of the applicant in any proposed
program services to be delivered over the Cable System;
(f) A description of cable services offered by the applicant or
its parent, affiliate or subsidiary, and applicant's plan with respect to the availability of
services to subscribers in the Franchise Area;
(g) Where the Transferee is not a publicly traded company, pro
forma financial projections for the first three (3) years of the Franchise Agreement term,
including a statement of projected income, and a schedule of planned capital additions,
with all significant assumptions explained in notes or supporting schedules;
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(h) If an applicant proposes to provide cable service to an area
already served by an existing cable Franchisee, the identification of the area where the
overbuild would occur, the potential subscriber density in the area which would
encompass the overbuild, and the ability of the streets to accommodate an additional
system;
(i) Any other information as may be reasonably necessary to
demonstrate compliance with the requirements of this Franchise provided that any such
further requests shall not toll the time limit for the City to approve or deny the
application, in accordance with federal law; and
(j) An affidavit or declaration of the applicant or authorized
officer certifying the truth and accuracy of the information in the application,
acknowledging the enforceability of application commitments, and certifying that to the
best of the person's knowledge the proposal meets all federal and state law requirements.
Section 23. Other Agreements.
If, at any time from and after the execution date of this Franchise Agreement,
Franchisee enters into a cable Franchise agreement with either the City of Neptune Beach
or the City of Jacksonville Beach to provide services comparable to those provided under
this Franchise Agreement, and if such agreement has terms that are in any respect more
favorable to such city than the terms established in this Franchise Agreement, Franchisee
agrees that Franchisee shall notify the City and, at the City's option, the terms of this
Franchise Agreement shall be amended to provide for terms equivalent to those specified
in the agreement with the other city. This provision would also apply to the terms of any
Cable Ordinance incorporated by reference in any such Franchise Agreement entered into
with the City of Jacksonville Beach or the City of Neptune Beach.
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IN WITNESS WHEREOF, the parties have executed this Amended and Restated
Franchise Agreement as of the date first written above.
ATTEST: COMCAST OF GREATER FLORIDA/
GEORGIA, INC.
By:
Its:
ATTEST: CITY OF ATLANTIC BEACH
Reviewed and Approved:
City Manager
Approved:
City Attorney
Franchise Agreement Atlantic Beach 01/27/06
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By:
City Manager
ORDINANCE No.
WHEREAS, this Chapter
AGENDA ITEM #3A
APRIL 24, 2006
, Ordinance Code , creates the City's law for
cable franchises by creating customer service standards, objective remedies and standard
enforcement procedures, performance and insurance guaranty requirements, and other
provisions consistent with modern technology and industry developments; and
WHEREAS, the City of Atlantic Beach is committed to providing its citizens with
the highest and most professional level of service by its cable franchise Franchisee; and
WHEREAS, the City of Atlantic Beach intends to fulfill its commitment by
creating Chapter , Ordinance Code , as set forth herein; now therefore
BE IT ORDAINED by the City Commission of the City of Atlantic Beach:
Section 1. This hereby creates a new Chapter , Ordinance Code
(Cable Television) to read as follows:
City of Atlantic Beach
Cable Television Ordinance
Section 1 Grant of authority 3
Section 2 Definitions 3
Section 3 Construction system design standards. 5
Section 4 Technical and operational standards. 6
Section 5 Installation and modification of system. 9
Section 6 Service area and extension of service. 11
Section 7 Regulation of system and customer service requirements. 14
Section 8 Franchise fees 27
Section 9 Rights reserved to City 28
Section 10 Application criteria, qualifications, procedure and costs 29
Section 11 Franchise required for operation 32
Section 12 Provision of supplemental services within the City 33
Section 13 Parental control devices 33
Section 14 Education and Government Channels 34
Section 15 Liquidated Damages 35
Section 16 Citation 41
Section 17 Amendments. 40
Section 18 Effective Date. 40
2
CHAPTER
CABLE TELEVISION [Ordinance Number]
Section 1 Grant of authority.
(a) The City of Atlantic Beach herein sets forth the conditions for the grant of
a nonexclusive franchise to construct, operate and maintain a cable television system for
the city and its residents, the system to be located in, upon, along, across, over and under
the streets and roads of the City and all extensions and additions thereto for a period not
to exceed ten (10) years commencing with the effective date of the Franchise Agreement
issued pursuant to this chapter, subject to the rights, obligations, conditions and
restrictions as hereinafter provided and as provided in the written Franchise Agreement.
Should there be a conflict between the terms of this Chapter and the Franchise
Agreement, the Franchise Agreement shall prevail.
(b) The City retains authority to provide for the regulation and control of the
cable television system as prescribed herein in accordance with Federal and State law
subsequent to the award of the Franchise and the City Commission and the City retain the
authority to review the performance of the Franchisee periodically for compliance with
the Franchise Agreement.
(c) The City assumes jurisdiction, to the fullest extent allowed by law, to
enforce all laws and regulations relating to cable television service in the City.
Section 2 Defmitions. For purposes of this Chapter, unless the context
otherwise requires:
(a) "Access Channels" mean any channel designated for non-commercial use
as educational or local government channels.
(1) "Educational Access Channel" means any designated channel for
noncommercial use by local educational authorities;
(2) "Government Access Channel" means any designated,
noncommercial channel for local government use;
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(b) "Billing complaint" means a Subscriber complaint regarding errors in
billing.
(c) "Cablecasting" means programming carried on a cable television system
(d) "Cable System" or "Cable Television System" means as defined in 47
U.S.C. Sections 521 et seq., (the "Cable Act"), as may be amended from time to time
(e) "Channel" means a portion of the electromagnetic frequency spectrum
which is used in a Cable System and which is capable of delivering a television channel,
as defined by the FCC, and:
(1) "Leased Access Channel" means a channel or a portion of a
channel which is available for lease in accordance with Section 612 of the Cable Act (47
U.S.C. §532);
(f) "Director" means the City Director of Public Works or his designee.
(g) "Manager" means the City Manager, or the City Manager's designee.
(h) "FCC" means the Federal Communications Commission, or any successor
governmental entity thereto.
(i) "Franchisee" means the person or entity that is awarded a franchise by the
City to construct and operate a Cable Television System within the City in accordance
with the provisions of all applicable law and enters into a Franchise Agreement.
(j) "Franchise Area" means the legal boundaries of the City of Atlantic
Beach, Florida.
(k) "Public Proceeding" means a meeting open to the general public with
prior announcement of the time and place at which members of the public are provided
an opportunity to be heard.
(1) "Service Complaint" means a complaint by a Subscriber or an applicant
for subscription on the availability of obtaining service or signal quality but does not
include complaints about programming selection.
(m) "Public Right-of-Way" shall mean the surface of, and the space above and
below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk,
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lane, public way, drive, circle or other public right-of-way including, but not limited to,
public utility easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the City in the Franchise Area, which shall entitle the
City and the Franchisee to the use thereof for the purpose of installing, operating,
repairing, and maintaining the Cable System. "Public Right -of -Way" shall also mean any
easement now or hereafter held by the Franchising Authority within the Franchise Area
for the purpose of public travel, or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way as shall, within their
proper use and meaning, entitle the City and the Franchisee to the use thereof for the
purposes of installing, operating, and maintaining the Franchisee's Cable System over
poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
attachments, and other property as may be ordinarily necessary and pertinent to the Cable
System. Notwithstanding the foregoing, "Public Right -of -Way" shall be limited to such
locations where Franchisee may use, install, operate, repair, and maintain the Cable
System without the violation of any law, ordinance of general applicability, easement, or
right-of-way.
(n) "Subscriber" means a person lawfully receiving any service delivered over
the Cable Television System in exchange for payment.
Any of the terms used herein, and the definitions thereof, that are defined in
Section 76.5 of the rules of the FCC as amended from time to time, or in the Cable Act,
and not mentioned in the above definitions, are incorporated herein by reference.
Section 3 Construction system design standards.
(a) The Cable System will be designed for a minimum of 78 video channels.
The system shall be two-way capable. An applicant for a franchise is free to propose a
Cable System plan that best accomplishes a modern broadband communications system
that meets the reasonable needs and interests of the community.
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(b) The Franchisee shall provide all local broadcasting television stations as
may be required by the FCC or federal law.
Section 4 Technical and operational standards.
The policy of the City with respect to technical and operational standards is to
require that the Cable Television System be safely constructed and operated and that the
system's components be durable and reliable. Signal reception standards and subscriber
reviewing standards shall be maintained at all times by the Franchisee at a level at least
equal to the minimum standards prescribed by the FCC now and hereafter. Overall
technical performance of the system shall be assessed in relation to these standards. The
Franchisee shall meet all FCC technical and operational standards. Subject to any pole
attachment agreement between Franchisee and the owner of the applicable utility pole(s),
Franchisee shall remove all cable lines, and any and all appurtenances and connections
thereto, from any and all poles subject to pole change outs within 45 days of notice to
Franchisee of such pole change out.
(a) Construction standards and specifications. Methods of construction,
installation and maintenance of the City's Cable Television System shall comply with all
applicable federal, state and generally applicable local laws and regulations, and shall
comply with the National Electrical Safety Code (NESC) and generally applicable local
laws regulating the construction, installation and maintenance of electric supply and
communication lines.
(1) Tower. The following standards may be modified only with the
written approval of the City Manager:
(i)
A tower constructed in the City for use of the Cable
Television System shall comply with the standards contained in Structured Standards for
Steel Antenna Supporting Structures, EIA Standards RS -222-A, as published by the
Engineering Department of the Electronics Industries Association, 2001 I Street, N.W.,
Washington, D.C. and as amended from time to time. Any tower shall also comply with
all generally applicable City of Atlantic Beach zoning and land use regulations.
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(ii) Installation and physical dimensions of a tower constructed
for use in the City's Cable Television System shall comply with all appropriate Federal
Aviation Agency regulations, as amended from time to time. The tower shall also
comply with all generally applicable City of Atlantic Beach zoning and land use
regulations.
(iii) An antenna structure constructed in the City and used for the
cable television system used in the City's cable television system shall comply with
Construction, Marketing and Lighting of Antenna Structure, 47 CFR 17.1 et seq.
(b) FCC standards. The system shall meet all applicable federal standards for
reception of broadcast signals, as currently prescribed in 47 CFR 76.601 et seq., as
amended from time to time. The signal reception standards as now existing or hereafter
issued by the FCC are incorporated into and made a part of this chapter. Grading of the
quality of each locally receivable signal against the performance of the system in
delivering that signal to Subscribers shall be measured by FCC tests upon written request
by the City Manager.
(c) The Franchisee shall comply with all appropriate technical standards of
the FCC as published in subpart K of 47 C.F.R. § 76. To the extent those standards are
altered, modified, or amended during the term of this Franchise Agreement, the
Franchisee shall comply with such alterations, modifications or amendments within a
reasonable period after their adoption by the FCC. As provided in these rules, the
Franchising Authority shall have, upon written request, the right to obtain a copy of tests
and records required to be performed pursuant to the FCC's rules.
(d) On the effective date of this Ordinance, it is acknowledged that
Franchisee has above ground transmission and distribution facilities as referenced in the
attached Exhibit "A," a large scale copy of which will be provided to the City by
Franchisee upon entering into the Franchise Agreement. However, if all of the
transmission and distribution facilities of all of the respective public or municipal utilities
in said area of the Franchise Area are to be placed underground after the effective date of
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this Ordinance, the Franchisee shall place its Cable Systems' transmission and
distribution facilities underground within a reasonable period; provided that such
underground locations are actually capable of accommodating the Franchisee's cable and
other equipment without technical degradation of the Cable System's signal quality. If
all of the transmission and distribution facilities of all of the respective public or
municipal utilities in any area of the Franchise Area are placed underground at a
subsequent date, then Franchisee shall use its best efforts to place its Cable Systems'
transmission and distribution facilities underground within forty-five (45) days of written
notice by the City, provided that all of the public or municipal electric utility's
transmission and distribution facilities are underground prior to Franchisee's placement
of its Cable Systems' transmission and distribution facilities underground. It is the policy
of the City to encourage underground installation wherever practicable. Franchisee may,
at any time, install its cable plant underground in areas where other utilities are aerial. If
aerial facilities are required to be moved underground by the City pursuant to a
beautification or other public improvement project, the City will use reasonable efforts to
assist Franchisee in recovering the costs of relocation from any private, local, state or
federal funds available for the project but is not itself required to pay for such cost unless
such funds are passed through the City or its department specifically for the relocation of
Franchisee's utilities, including the passage of funds through the City or its department
for the relocation of private utilities which would include, by implication, the relocation
of Franchisee's utilities. Nothing in this Section shall be construed to require the
Franchisee to construct, operate, or maintain underground any ground-mounted
appurtenances such as customer taps, line extenders, system passive devices, amplifiers,
power supplies, pedestals, or other related equipment. Underground installation shall be
done in accordance with the following requirements:
(1) Underground installation shall be done as follows:
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(i) All cable television lines, cables and wires, except those
referenced above in the attached Exhibit "A" shall be installed underground. The cost of
all installations shall be born by the Franchisee.
(2) The Franchisee's cable television distribution system in the public
streets shall comply with all federal, state and generally applicable local laws and
regulations in the Franchise Area.
(e) In accordance with FCC requirements, the Cable System shall include an
emergency alert capability which will permit the City to override, by remote control, the
video and audio of all channels simultaneously except those involved in retransmission of
television broadcast programming. This provision shall be implemented in a manner
consistent with and to the extent permitted by federal and state emergency alert
requirements.
(f)
The Franchisee shall maintain equipment capable of providing standby
power for headend, transportation and trunk amplifiers for a minimum of two (2) hours.
Section 5 Installation and modification of system.
(a) The Franchisee shall obtain a permit from the Director of Public Works
and give prior written notice of proposed construction within the time frame required by
City code and regulations of general applicability prior to the construction so as to
coordinate all work between the City and the Franchisee. The City Manager shall have
the right to inspect all construction by the Franchisee in the streets, and to make such
periodic inspections as the City deems necessary to ensure compliance with the terms of
its franchise and other pertinent provisions of law of general applicability. Such
inspections shall be performed in a manner so as to avoid interference with a Franchisee's
construction activities and with the delivery of services to customers. Franchisee may
have a right to be present at time of inspection.
(b) A Franchisee shall, at its expense, protect, support, temporarily or
permanently disconnect or relocate in the same street or other public place any property
of the Franchisee or component of the Cable System by reason of traffic conditions,
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public safety, street closing, street construction, change or establishment of street grade,
installation of sewers, drains, construction of buildings, water pipes, power or signal
lines, and further provided that if federal or state funds are available to any person
impacted by the change for the purpose of defraying costs related thereto, the City will
upon request assist Franchisee in applying for such funds.
(c) All wires, conduits, cables and other property and facilities of the
Franchisee shall be so located, constructed, installed and maintained as not to endanger or
interfere with the usual and customary traffic and travel upon the streets and public places
of the City and so as not to endanger or interfere with the quality of the street, its surface,
curbs, and any adjacent materials as the City Manager shall see fit. Upon request of the
City, the Franchisee will plainly and visibly mark the location all wires, conduits, cables
and other property and facilities of the Franchisee. The Franchisee shall keep and
maintain all of its property in good condition, order and repair. The Franchisee shall keep
accurate maps and records of all its facilities. Upon prior written notice, Franchisee shall
provide the City Manager with strand and trench maps showing the location of its strand,
trenches and vaults. The Franchisee shall not place equipment where they will interfere
with the rights of property owners, with gas, electric or telephone fixtures or with water
hydrants or mains or sewer or existing or planned construction by the City or its agencies
or officers. Franchisee shall adhere to City's permitting process of general applicability
and will restore land to original or similar condition.
(d) The City shall give the Franchisee reasonable prior written notice of plans
for street improvements where paving or resurfacing of a permanent nature is involved.
The notice shall describe the nature and character of the improvements, the streets upon
which the improvements are to be made, the extent of the improvements and the work
schedule for the project. The notice shall give the Franchisee thirty (30) days to make
any additions, alterations or repairs to its facilities, so as to permit the Franchisee to
maintain continuity of service. If the Franchisee shall fail, refuse or neglect to comply
within the thirty (30) day notice period, upon seven (7) days written notice, the City may
10
make the changes in the Franchisee's facilities at the Franchisee's cost and, absent gross
negligence, the City shall not be liable to the Franchisee for damages resulting from the
removal, alterations or relocation. All costs in connection therewith shall be paid by the
Franchisee within thirty (30) days from receipt of the invoice therefore, with interest
accruing at prime rate plus one percent (1%) thereafter.
(e) The Franchisee shall, on the written request of any person holding lawful a
building moving permit, temporarily raise or lower its wires to permit the moving of the
building. The expense of temporary removal or raising or lowering of wires shall be paid
by the person requesting it, and the Franchisee may require payment in advance. The
Franchisee shall be given not less than ten (10) business days' notice of a contemplated
move to arrange for temporary wire changes.
(f) The Franchisee shall have the authority to trim trees and small limbs upon
and overhanging streets, alleys, sidewalks and other public places of the City so as to
prevent the branches of the trees from coming in contact with its wires and cables.
Franchisee shall obtain written approval of the City prior to removing any trees or cutting
limbs either of which is over four (4) inches in diameter. City may require Franchisee to
install its lines underground to accommodate and avoid the need to trim larger trees. In
the event of an emergency, such as storm damage to trees near the Cable System,
Franchisee may trim dead trees without advance notice to the minimum extent required to
alleviate the threat. Nothing herein waives or modifies the requirement for the
Franchisee to obtain any necessary permits or licenses.
Section 6 Service area and extension of service.
(a) Initial service area. For any initial franchise granted to an applicant not
already providing cable service to a majority of the residents of the City, a Franchise
Agreement shall provide for an initial service area comprised of all parts of the Franchise
Area with a minimum density of thirty (30) homes per mile to be fully constructed and
activated with services being offered to all residents in the area within a reasonable time
to be set forth in a Franchise Agreement. The initial service area shall be designated in
such a way as to ensure a Franchisee is not red -lining or excluding any neighborhoods
based on economic, racial, multiple dwelling unit densities or other criteria.
(b) Extension of service outside initial service area. The Franchisee shall
extend its plant and make service available to any new areas of the City having density of
seven (7) or more dwelling units per linear street mile within sixty (60) days after such
areas are built out. Franchisee shall offer Cable Service to all new homes or previously
un -served homes located within one hundred twenty-five (125) feet of the Franchisee's
distribution cable. The Franchisee may elect to provide Cable Service to areas not
meeting the above density standards. The Franchisee may impose an additional charge in
excess of its regular installation charge for any service installation requiring a drop or line
extension in excess of the above standards. Any such additional charge shall be
computed on a time plus materials basis (actual costs) to be calculated on that portion of
the installation that exceeds the one hundred twenty-five (125) foot standard set forth
above.
(c) Progress and status reports.
(1) A Franchise Agreement containing construction requirements as
set forth above shall include as an exhibit a construction plan, indicating the timetable for
construction of the various segments of the system. This plan may not be amended
without the approval of the City Manager, in a formal writing, with a revised schedule
attached. The schedule shall be in sufficient detail to provide the dates for each element
of work.
(2) From the date of commencement of construction through the
completion of the construction timetable, the Franchisee upon request shall furnish to the
City Manager progress reports at three-month intervals. The reports shall indicate, in
detail, the progress of construction.
(d) Construction Delay. Upon expiration of the construction schedule attached
to a Franchise Agreement without construction having been completed, the City shall
give a Franchisee written notice of non-compliance. Failure to cure the non-compliance
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within thirty (30) days from receipt of the written notice shall result in the assessment of
liquidated damages in the amount of Two Thousand Dollars ($2,000) per day, starting the
31st day after receipt of notice of noncompliance.
(e) Indemnity and insurance.
(1) The Franchisee shall at all times indemnify, protect and save
harmless the City from any and all penalty, damage or charges (including attorneys' fees,
costs, and such fees and costs incurred by an appeal) arising out of claims, suits or causes
of action, of award of damages whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might be claimed now or in the future,
including any payments required by the workers' compensation law, which may arise out
of or be caused by the erection, location, maintenance, repair, installation, replacement or
removal of the Cable Television System within the Franchise Area or by any act or
omission of the Franchisee, its agents or employees, and recognizes that the granting of
this Franchise is good and valuable consideration for giving this indemnity, and that a
portion of the value of the Franchise otherwise paid to the City was reduced for this
indemnity. This indemnification shall not apply to any direct City gross negligence or
willful misconduct.
(2) Concomitant with the execution of the Agreement, and at all times
during the term of the franchise, the Franchisee shall obtain, pay all premiums for, and
file with the City Manager certificates of insurance evidencing payment of the premium
of a comprehensive general liability policy issued by a company authorized to do
business in the State of Florida, of not less than (i) One Million Dollars ($1,000,000) for
property damages for any one accident; (ii) One Million Dollars ($1,000,000) for each
person; and (iii) Five Million Dollars ($5,000,000) for each occurrence for liability due to
personal injury or death. This insurance shall protect the City from and against all claims,
demands, actions, judgments and liabilities, which may arise or result, directly or
indirectly, from or by reason of loss, injury or damages. In lieu of insurance, the
Franchisee may deposit in a manner approved in writing by City cash or securities
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providing the security called for in this paragraph. All insurance required hereby shall
include the City as an insured party.
(f)
Construction Bond. If required by the City Public Works Director, prior
to any Cable System construction, upgrade, rebuild in the streets, excluding work
connected with normal operation and maintenance of the System such as line extensions
and general repair, Franchisee shall furnish a construction bond in favor of the City in an
amount equal to the lesser of the projected cost or One Hundred Thousand Dollars
($100,000). If such construction bond is not furnished to the City ten (10) days prior to
the start of any such construction, construction shall be delayed until such time as the
construction bond is provided in a form approved by the City or its designee. The
construction bond shall be maintained until said construction work is completed and
activated for a period of six (6) months thereafter at which point it will be automatically
released.
(g) Fair employment practices. The Franchisee shall comply with all lawful
federal and state law regarding affirmative action in employment.
Section 7 Regulation of system and customer service requirements.
(a) To the extent permitted by federal and state law, the City shall have
continuing regulatory jurisdiction and supervision over the operation of any franchise
granted hereunder and may from time to time adopt such reasonable rules for the conduct
of the business contemplated hereunder so long as the modification does not diminish
benefits or increase obligations of Franchisee.
(b) The continuing day-to-day regulatory jurisdiction of the City shall be
exercised by the City Manager, who shall have the following responsibilities and duties
and such other responsibilities and duties as the City may assign in accordance with law:
(1) Establishing reasonable customer service standards as permitted
by federal and state law.
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(2) Making proposals to the Franchisee and Subscriber in order to
facilitate the resolution of disputes or disagreements between the Franchisee and
Subscriber, which are brought before the City Manager by a Subscriber.
(3) Reviewing all reports and filings submitted to the City as required
hereunder and such other correspondence as may be submitted to the City concerning the
operation of the system and reviewing the rules and regulations set by the Franchisee
under the provision herein.
(4) Assuring that all rates and rules pertinent to the provision of
service are communicated to the public at reasonable hours and upon reasonable request
in accordance with the FCC's requirements.
(5) Conferring and coordinating with the Franchisee on the efforts to
interconnect the City's Cable System with other communications systems with respect to
public, educational and governmental programming as set forth in this Ordinance.
(6) Reviewing annual FCC reports regarding the technical
performance of the system upon written request. in order to assess whether the system is
maintaining required technical standards.
(c) Customer Service Requirements.
The following requirements shall apply under "Normal Operating Conditions,"
which under this subsection means those service conditions that are within the control of
the cable operator and as prescribed in subsection (4) of this subsection. Those
conditions that are not within the control of the cable operator include, but are not limited
to, natural disasters, civil disturbances, power outages, and telephone network outages
and severe or unusual weather conditions Those conditions that are ordinarily within the
control of the cable operator include, but are not limited to, special promotions, pay-per-
view events, rate increases, regular peak or seasonal demand periods, and maintenance or
upgrade of the Cable System.
(1) Franchisee shall maintain all parts of its system in good condition
and in accordance with standards promulgated by the FCC and as may be set forth in the
15
City Code if mutually agreed upon with Franchisee and of general applicability and a
Franchise Agreement. Sufficient employees shall be retained to provide safe, adequate,
and prompt service for all customers and facilities. The customer service standards set
forth herein are applicable to all Cable Services and any Franchise Agreement.
(2) A Franchisee shall maintain at least one (1) conveniently located
bill payment location in the City of Atlantic Beach or the City of Jacksonville Beach or
the City of Neptune Beach with a staffed customer service counter for the distribution
and receipt of equipment, payments and customer service complaints. A Franchisee may
negotiate with other commercial establishments (e.g. supermarkets, shopping centers) to
establish payment centers at their locations to satisfy these requirements.
(3) Franchisee shall maintain a listed local, toll-free telephone number
and employ a sufficient number of telephone lines, personnel and answering equipment
or service to allow reasonable access by Subscribers and members of the public to contact
the Franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per
week.
(4) Franchisee shall answer all customer service and repair telephone
calls made under Normal Operating Conditions within thirty (30) seconds, including wait
time and within an additional thirty (30) seconds to transfer the call to a live customer
service representative. For purposes of this Chapter, the term "Normal Operating
Conditions" shall have the definition contained in the Code of Federal Regulations, at 47
C.F.R. 76.309 (c) (4) (ii) as amended from time to time. These standards shall be met no
less than ninety percent (90%) of the time under Normal Operating Conditions, measured
on a quarterly basis. Under Normal Operating Conditions, the customer will receive a
busy signal less than three percent (3%) of the time. Upon request, Franchisee shall
submit reports showing its performance under this subsection on a monthly basis;
however, its performance shall be measured for purposes of compliance with the above
standard on a quarterly basis.
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(5) Franchisee shall employ and maintain sufficient qualified
personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept
converters or other equipment; (iii) to receive Subscriber complaints or requests for
service or repairs on a full-time basis, twenty-four (24) hours per day, seven (7) days per
week; (iv) to initiate and undertake normal repairs, and initiate action with respect to any
Subscriber service complaints within twenty-four (24) hours; (v) to enable a service
technician to respond to service calls twenty-four (24) hours per day, seven (7) days a
week, including holidays when multiple Subscribers serviced from the same, nearest
active electrical device such as an amplifier, call with the same complaint
(6). Franchisee must meet each of the following standards no less than
ninety-five percent (95%) of the time under normal operating conditions as measured on
a quarterly basis:
(i) Standard installation work shall be performed within seven
(7) business days after an order has been placed except in those instances where a
Subscriber specifically requests an installation date beyond the seven (7) business day
period. "Standard" installations are up to one hundred twenty-five (125) feet from the
existing distribution system. If scheduled installation is neither started nor completed as
scheduled, a representative of the Franchisee will contact the Subscriber.
(ii). Franchisee will begin working on Service Interruptions
promptly and in no event later than twenty-four (24) hours after the interruption becomes
known. "Service Interruptions" shall be defined as in 47 C.F.R. 76.309 (c) (4) (iii) as
amended from time to time. Franchisee will begin working on other service problems no
event later than forty-eight (48) hours after the problem becomes known. Franchisee
shall make best efforts to undertake normal repairs and initiate action within a reasonable
time period of such interruption and, to the extent they are within the Franchisee's
reasonable control, Service Interruptions, and service problems will be responded to,
addressed, and Normal Operating Conditions will be restored within seventy-two (72)
hours after receipt of a complaint.
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(iii) The appointment window alternatives made available for
installations, service calls, repairs, and other installation activities will be either a specific
time, a three (3) hour time block during Normal Business Hours, or at the election and
discretion of the Subscriber, "all day". "Normal Business Hours" shall be defined as in 47
CFR Section 76.309 (c) (4)(i) as amended from time to time.
(iv) Franchisee may not cancel an appointment with a
Subscriber after the close of business on the business day prior to the scheduled
appointment without first attempting to contact the Subscriber; and
(v) If at any time an installer or technician is running late for a
scheduled appointment, the customer will be contacted and the appointment rescheduled,
if necessary, at a time that is convenient for the customer.
(vi) Franchisee shall submit reports, upon request, to the City
Manager showing its performance under this subsection on a monthly basis, however, its
performance shall be measured for purposes of compliance with the above standard on a
quarterly basis.
(vii) A Franchisee shall implement a policy of providing credits
for customers who complain to Franchisee about service outages in a pro -rated amount of
that customer's normal monthly bill representing the number of days the customer was
affected.
(7) Subscribers who, under Normal Operating Conditions, have
experienced one (1) missed installation or service appointment due to the fault of
Franchisee shall receive installation free of charge. If the installation was to have been
provided free of charge or if the appointment was for service or repair, the Subscriber
shall receive a credit on its bill of Twenty Dollars ($20.00). An appointment shall be
considered missed if the technician arrives more than fifteen (15) minutes later than the
designated time block.
(8) Disconnection.
(i) Voluntary Disconnection.
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(A) A Subscriber may terminate service at any time.
(B) A Franchisee shall promptly disconnect any
Subscriber who so requests from the Cable System of the Franchisee. No period of
notice prior to voluntary termination of service may be required of Subscribers by any
Franchisee. So long as the Subscriber returns equipment within five (5) business days of
the disconnection, no charge may be imposed by any Franchisee for such voluntary
disconnection, or for any cable services delivered after the date of disconnect request.
(C) Any security deposit and/or other funds due the
Subscriber shall be refunded on disconnected accounts after any Franchisee equipment
on customer premises, including all converters but excluding wiring, have been
recovered by the Franchisee. Refund checks will be issued promptly, but no later than
either the customer's next billing cycle or thirty (30) days whichever is earlier.
(ii) Involuntary Disconnection. If a Subscriber fails to pay a
monthly Subscriber or other fee or charge, the Franchisee may disconnect the service
outlet of the Subscriber; however, such disconnection shall not be effected until both
thirty-five (35) days after the due date of the monthly Subscriber fee or other charge, and
ten (10) days advance written notice of intent to disconnect to the Subscriber in question.
If the Subscriber pays the balance due within thirty-five (35) days of the due date or
within ten (10) days after notice of disconnection has been given, the Franchisee shall not
disconnect. After disconnection, upon payment by the Subscriber in full of all proper
fees or charges, including the payment of the reconnection charge, if any, the Franchisee
shall reinstate service. Franchisee reserves the right to deny service to any customer who
has been repeatedly disconnected for non-payment of services to the extent such rights
are consistent with applicable state and federal law.
(iii) Nothing in this Ordinance shall be construed to prevent the
Franchisee from removing its property from a premises of a Subscriber upon the
termination of service consistent with FCC rules and regulations and any other applicable
law. At the request of a Subscriber, a Franchisee shall remove its Subscriber equipment
19
from the premises of the Subscriber within thirty (30) calendar days of the request.
Where removal is impractical, such as with buried cable or internal wiring, facilities and
equipment may be disconnected and abandoned rather than removed, unless there is a
written agreement stating otherwise, provided, however, that such agreement must be
consistent with applicable law and FCC rules.
(9)
Franchisee shall intentionally interrupt service only for good cause
and for the shortest time possible. Franchisee shall use its best efforts to ensure that such
interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m., except during a
rebuild or upgrading of the Cable System. Franchisee shall maintain a written or
electronic log for all intentional service interruptions.
(10) Franchisee shall cause all of its field employees or subcontractors
to wear a picture identification badge indicating employment or engagement by
Franchisee. This badge shall be clearly visible to the public. All service vehicles of such
persons shall be clearly marked with the name or logo of the Franchisee.
(11) A Franchisee shall develop written procedures for the investigation
and resolution of all Subscriber or City resident complaints, including, but not limited to,
those regarding the quality of service, equipment malfunction and security deposits,
which procedures shall be provided in advance of distribution to the City. A Subscriber
or City resident who has not been satisfied by following the procedures of the Franchisee
may submit a complaint with the City. The good faith or lack thereof of the Franchisee in
attempting to resolve Subscriber and resident complaints in a fair and equitable manner
will be considered in connection with the renewal application of the Franchisee. Upon
request, Franchisee shall maintain a complete list showing the number of billing
complaints received by category.
(12) The City, or its designated representatives, shall have the right to
review and audit the customer service call center numbers. If such audit concludes that
Franchisee has a five percent (5%) or greater margin of error in its reporting of customer
service numbers, Franchisee shall reimburse the City for its audit expenses.
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(13) Franchisee shall abide by the following requirements governing
communications with customers, bills and refunds:
(i) Each Franchisee shall provide to Subscribers written
information in each of the following areas at the time of installation, at least once
annually, and at any future time upon request by the Subscriber:
(A) How to use the cable service;
(B) Installation and service maintenance policies;
(C) The products and services offered;
(D) Prices and service options;
(E) Channel positions of programming carried on the
system;
(F) The procedures of the Franchisee for the receipt and
resolution of customer complaints, the address of the Franchisee and telephone number to
which complaints may be reported, and the hours of operation;
(G) The telephone number and address of the City
office designated to handle cable television complaints and inquiries shall be printed on
the back of the bill;
(H) The availability of a parental control options;
(I) The Franchisee's information collection and
disclosure policies for the protection of the privacy of the Subscriber.
(ii) Franchisee bills will be clear, concise and understandable.
(iii) Refund checks will be issued promptly, and in no later than
thirty (30) days or the next billing cycle of the customer following the resolution of a
refund request, or the return of the equipment supplied by the Franchisee if service is
terminated.
(iv) Credits for service will be issued no later than the next
billing cycle of the customer following the determination that a credit is warranted.
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(v) A Franchisee shall provide Subscribers, the City, and the
City Manager with at least thirty (30) days advance written notice of any changes in rates,
charges, or channel lineup, or changes of cable services offered over the Cable System in
the manner required by FCC rules.
(14) A Franchisee shall provide a pro -rated twenty-four (24) hour credit
upon request by the Subscriber to the account for any period of four (4) hours or more
within a twenty-four (24) hour period during which a Subscriber experienced and
reported an outage of service or substantial impairment of service due to a system
malfunction.
(15) Billing.
(i) The first billing statement of the Franchisee after a new
installation or service change shall be pro -rated as appropriate and shall reflect any
security deposit.
(ii) The billing statement of the Franchisee must be fully
itemized, with itemizations including, but not limited to, basic and premium service
charges and equipment charges. Invoices will also clearly delineate all activity during the
billing period, including optional charges, rebates and credits.
(iii) The billing statement of the Franchisee must show a
specific due date not earlier than ten (10) days after the date of the beginning of the
service period. Any balance not received within ten (10) days after the due date may be
assessed an administrative charge or late fee not to exceed Five Dollars ($5.00). The
charge will appear on the billing statement of the following month.
(A) Subscribers shall not be charged an administrative
fee, a late fee or otherwise penalized for any failure by the Franchisee, its employees, or
contractors, including failure to timely or correctly bill the Subscriber, or failure to
properly credit the Subscriber for a payment timely made.
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(iv) The Franchisee must notify the Subscriber that payment
can be remitted in person at the office of the Franchisee and inform the Subscriber of the
address of the nearest office where payment can be made.
(16) Alterations in Cable Service.
(i) If a Franchisee wishes to alter the service being provided to
a Subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that
the Subscriber will no longer be able to obtain the same package of services, then the
Franchisee must provide the Subscriber with thirty (30) days notice of such alteration,
explain the substance and the full effect of the alteration, and provide the Subscriber the
right within the thirty (30) day period following notice, to opt to receive any other
combination of services offered by the Franchisee.
(ii) Except as provided herein, or under applicable federal or
state law, no charge may be made for any service or product which the Subscriber has not
affirmatively indicated, in a manner separate and apart from payment of the regular
monthly bill that it wishes to receive.
(17) Where a Franchisee offers and/or advertises any product or service
in the City, such products and services must be made available to all customers in the
Franchise Area. Failure to provide any product or service to a customer consistent with
the material terms and conditions of the offers and advertisements, upon request and
agreement to pay, shall be considered a violation of this Ordinance. This section shall
not apply to new products and services being offered on a trial or experimental basis not
to exceed a twelve (12) month period in a limited area for purposes of testing, assessing
customer interest, or other legitimate business reason for such new products.
(18) Franchisee, through its local manager or other person responsible
for the operation of the Cable System, shall certify in writing to the City bi-annually that
based upon internal due diligence by the Franchisee that to the best of knowledge of the
Franchisee, it is in substantial compliance with the standards set forth in the customer
service requirements of this Ordinance. At the request of the City, the Franchisee shall
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submit such documentation, as may be reasonably required, to demonstrate compliance
of the Franchisee with this Section. This documentation shall be submitted within forty-
five (45) days of the receipt of the written request of the City to the City Manager.
(19) Excessive customer complaints to the City. If in any single month
the number of Service Complaints and Billing Complaints from different individuals
received by the City exceeds eleven (11) under Normal Operating Conditions, the City
Manager may notify Franchisee in writing and request a meeting with Franchisee's
system manager within five (5) business days to determine the cause of the high call
volume and to establish a plan to cure or commence to cure within thirty (30) days the
cause of the high call volume. Complaints to the City, that Franchisee demonstrates are
unsubstantiated, by any third party, organization, group or the City shall not count toward
assessment of the damages set forth herein.
(20) Where the Franchisee has knowledge of any funds collected from
Subscribers by Franchisee in excess of that which is lawfully allowed under applicable
federal, state or local law, rules, regulations or by contract or agreement, Franchisee shall
issue to Subscriber cash refunds no later than the next billing cycle or forty-five (45)
days, which ever is greater.
(21) Responsibility for the administration of this Ordinance and the
Franchise agreement, and for the investigation and assistance in resolving complaints
against the Franchisee regarding the quality of service, equipment malfunctions, and
related matters, including the authority to order fines, is hereby delegated to the City
Manager, who is empowered, among other things, to settle, or compromise any
controversy arising from operations of the Franchisee, on behalf of the City in accordance
with the best interests of the public. The City Manager may require compliance with
specific obligations of this Ordinance and the Franchise Agreement, provided that the
Franchisee, may appeal the matter to the City Commission for determination. No
adjustment, settlement, or compromise, whether instituted by the City Manager or by the
City Commission, shall be contrary to the provisions of the Ordinance or any Franchise
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Agreement issued pursuant to the Ordinance, and neither the City Manager nor the City
Commission, in the adjustment, settlement, or compromise of any controversy shall have
the right or authority to add to, modify or delete any provision of the Ordinance or of the
Franchise Agreement.
(22) In addition to complying with the customer service standards set
forth in this Ordinance or in any Franchise Agreement issued pursuant to this Ordinance,
a Franchisee shall comply with all FCC customer service standards applicable to Cable
Systems and any other applicable federal or state law concerning customer service
standards, consumer protection, and unfair or deceptive trade practices, as the same shall
be amended from time to time.
(23) The City expressly reserves the right to consider violations of the
customer service requirements in evaluating any renewal, modification or transfers of any
Franchise Agreement.
(24) Subscriber Privacy.
(i) A Franchisee shall at all times protect the privacy of all
Subscribers to the full extent required by Section 631 of the Cable Act, 47 U.S.C. 551,
and state law. A Franchisee shall not condition Subscriber or other service on the grant
of permission of the Subscriber to disclose information that, pursuant to federal or state
law, cannot be disclosed without the explicit consent of the Subscriber. No penalties or
extra charges may be invoked by the Franchisee for a failure of the Subscriber to grant
consent.
(ii) Unless otherwise permitted by federal or state law, neither
the Franchisee nor its agents or employees shall, without the prior and specific written
authorization of the Subscriber involved, sell, or otherwise make available for
commercial purposes the names, addresses or telephone numbers of any Subscriber or
Subscribers, or any information which identifies the individual viewing habits of any
Subscriber or Subscribers.
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(25) All data and information required by this Ordinance to be provided
to the City by Franchisee shall reflect only the operations of the Cable System within the
City. The City shall maintain the confidentiality of any information provided by a
Franchisee that has been designated as Confidential or Trade Secret information, subject
to State or Federal law.
(26) Regarding customer service standards adopted by other
Franchising Authorities located within Duval County only, the Franchisee shall amend
the Franchise Agreement with the City to provide City with the same terms, upon the
City's written request.
(27) Franchisee may pass through to Subscribers any costs arising from
customer service standards greater than those set forth in federal law by the FCC. In the
event that Franchisee intends to pass through to Subscribers any such additional costs, the
Franchisee must provide at least thirty (30) days prior written notice to the City and shall
provide the City with such documentation as may be reasonably required by the City to
substantiate such additional cost. Upon request, the customer service requirements at
issue shall be suspended while the City evaluates any information provided by
Franchisee.
(28) No Third -Party Beneficiaries. Nothing in this Ordinance or any
Franchise Agreement is or was intended to confer third -party beneficiary status on any
member of the public to enforce the terms of such Ordinance or Franchise Agreement.
(29) The Franchisee shall designate channel capacity for Leased Access
in accordance with the requirements of Section 612 of the Cable Act, as amended.
(30) All system monitoring shall be in compliance with Federal and
State privacy and surveillance laws.
(31) Franchisee shall permit the City designee to inspect the technical
equipment and facilities of the system upon reasonable prior written notice, not to be,
unless required by exigent circumstances, less than seventy-two (72) hours.
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Section 8 Franchise fees. The Florida Simplified Communications Services
Tax Act preempts Section 8 of this Ordinance. If, however, the Florida Communications
Services Tax Law is amended or repealed so that a local franchising authority is allowed
to impose and collect franchise fees, then forty-five (45) days after the effective date of
any such statutory amendment or repeal, this Section 8 of the Ordinance will become
effective with respect to all Franchise Agreements or at such time as stated in said
amendment or repeal of the Florida Communications Services Tax Law. Unless
otherwise provided by law, Franchisee shall collect and remit franchise fees for the entire
period following the effective date of the aforementioned change in law, even if some
collection and payment must be done in arrears to allow for changes to the billing
process. The intent of this section is to ensure the City is not deprived of any franchise
fees to which it would otherwise be entitled following a change in state law.
(a) The Franchisee shall pay, as fair compensation for a franchise granted
pursuant to this Ordinance, and in consideration of permission to use the streets and
public ways of the City for the construction, operation, maintenance and reconstruction of
a Cable System within the City, an annual franchise fee not to exceed the maximum fee
permitted by law based upon Franchisee's provision of cable television services within
the City. The exact amount of this franchise fee shall be set forth in the Franchise
Agreement between the City and Franchisee. Any increase in the franchise fee shall be
voted on at a public hearing of the Commission following the notice and opportunity for
public comment required by law. Franchise fee payments shall be made to the Finance
Officer.
(b) Payments due the City under this provision shall be computed quarterly,
for the preceding quarter, as of January 1, April 1, July 1 and October 1. Each quarterly
payment shall be due and payable no later than forty-five (45) days after the relevant
computation date. Each payment shall be accompanied by a brief report to the City
Manager showing the basis for the computation and such other relevant facts as may be
required by the City.
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(c) No acceptance of a payment shall be construed as an accord that the
amount paid is, in fact, the correct amount, nor shall the acceptance of payment be
construed as a release of any claim the City may have for further or additional sums
payable under the provisions of this chapter. All amounts paid shall be subject to audit
and re -computation by the City. In the event that re -computation results in additional
revenue to be paid to the City, the amount shall be subject to a surcharge, charged for
each day for which the payment was delayed, calculated in accordance with the prime
rate of interest as published in the Wall Street Journal as of the date of re -computation.
(d) Annual revenue statements, acceptable to the City Manager, shall be
submitted within forty-five (45) days after completion of the Franchisee's year-end close
verifying revenues generated under the Franchise Agreement.
(e) Nothing in this section shall limit a Franchisee's liability to pay other local
taxes of general applicability. Any tax, fee or assessment that is imposed by the City
upon any Franchisee or its Subscribers solely because of their status as such, shall be
treated as a franchise fee.
(f) Franchisee shall have the right to designate that portion of a Subscriber's
bill attributable to the franchise fee as a separate item on the bill and shall have the right
to pass through to Subscribers the full amount of the franchise fee.
Section 9 Rights reserved to City. Without limitation upon the rights that
the City might otherwise have, the City does hereby expressly reserve the following
rights, powers and authorities:
(a) To exercise its lawful governmental powers now or hereafter to the full
extent that these powers may be vested in or granted to the City.
(b) To grant additional franchises within the City to other persons for the
conduct of cable television in accordance with federal and state law.
(c) To exercise any other rights, powers or duties required or authorized to
the City under the State Constitution or the Charter.
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Section 10 Application criteria, qualifications, procedure and costs.
(a) The City shall award an initial franchise to an applicant only after a public
hearing on the application and information filed therewith, and the award shall be based
on the satisfaction of the criteria contained herein. No franchise shall be awarded except
upon a showing by the applicant of satisfaction of these criteria among others.
(b) In accordance with FCC rules, evidence must be presented assuring the
City that the applicant is a United States citizen or corporation.
(c) The applicant shall present character qualifications, as follows:
(1) Applicants shall present evidence as to whether or not the
applicant or any officer, director or princinal has ever been convicted in a criminal
proceeding where felonies or misdemeanors were charged.
(2) Evidence shall be presented as to whether the applicant or any
officer, director or principal has ever been a party to a civil proceeding in which it was
held there were unfair or anticompetitive business practices; antitrust violations;
violations of securities laws; or false or misleading advertising.
(3) Evidence shall be presented as to whether applicant has ever had a
business license (including FCC licenses) revoked.
(d) The applicant shall file twelve (12) copies of the application for the cable
television franchise for the City with the City Manager during the time period designated
by the City, which notice shall be published affording notice to all prospective applicants.
The applications shall be reviewed by the City and the applicants afforded proper time
during a public proceeding before the City to explain their application. The City may
utilize consultants knowledgeable in the field of cable television for analysis of the
applicants' proposals. The City Commission shall endorse an applicant and authorize the
City's entrance into a contract for the cable television franchise if the applicant satisfies
the criteria established herein and the City determines that grant of application will serve
the public convenience, safety and general welfare.
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(e) The applicant shall submit details of the applicant's financial background,
Subscriber rates, proposed system technical configuration and operational system
description, construction timetable proposed to complete service to the initial service
area, proposed administrative practices, and delineate the applicant's employment
practices and policies. Existing Franchisees operating in the City are not required to
provide the application or follow the application procedures described herein. The
applicant shall present additional evidence to assist the City in evaluating the effect of an
additional cable television operator. Such evidence shall include, but is not limited to:
(1) The extent of installation of facilities and equipment of existing
cable operator(s) detailing the per -strand -mile density of areas served, unserved areas and
the per -strand -mile density of such, and the location of the facilities of the existing
operator(s).
(2) The per -strand -mile densities of the areas the applicant proposes to
serve and the extent to which the applicant intends to utilize bulk rate contracts.
(3) The extent to which the applicant intends to overbuild existing
cable operator(s).
(4) The detailed economic and financial information and assumptions
of the applicant.
(5)
The technical or physical limitations of rights-of-way, the
frequency and extent of disruption of rights-of-way, and the potential conflicts with other
rights-of-way users (including vehicular traffic).
(6) The effects of competition in the cable industry, including the cost
of duplication of facilities and equipment, services, personnel, etc., and the extent to
which overbuilds have historically survived, and the potential for loss of or degradation
of cable service to existing or potential Subscribers.
(7)
The extent to which existing cable operator(s) are meeting the
community needs and interests and the manner and extent to which the applicant
proposes to meet community needs and interests.
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(8) The ability of the City to regulate multiple franchises, including
the permitting processes of the City, the ability to readily locate and determine the owner
of facilities and equipment, and the extent of conflicts of utility and cable installations.
(9) Any other evidence pertinent to the City's evaluation of the
application.
(f) If applicant proposes to serve an area then served or planned to be served
by another Franchisee, the application shall be submitted with proof of service of a copy
of its application upon the incumbent Franchisees.
(g)
In evaluating an application, the City shall consider the applicant's legal,
financial, technical, and other qualifications, the adequacy of its proposed system, and
shall balance pro -competitive impact of additional franchisees, with the continued ability
of residents to obtain high quality cable services at the lowest economic price and the
possible increased diversity of information with the:
(1) Ability of the City to regulate multiple cable operators and
services,
operators,
(2) Disruption of public and private property by multiple cable
(3)
Economic viability of cable operators so as to make available high-
quality cable services to the greatest number of City residents at the lowest economically
feasible price taking into consideration all existing competition, including OVS, SMATV
and direct broadcast satellite providers.
(i)
Consideration will be given an installation plan that
provides flexibility needed to adjust to new developments, establishes quality
maintenance practices and provides marketable services that would be available to
Subscribers and the community immediately and in the future.
(h) Consideration will be given to applicants with the most reasonable
installation and Subscriber rate schedule that is, at the same time, justified in the financial
pro forma statements by use of realistic levels of penetration.
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(i) Consideration will be given to applicants presenting evidence of financial
resources that assure initial service area within five (5) years of receiving required FCC
franchise approvals.
(j) Consideration will be given to applicants that can give evidence of
providing efficient, satisfactory and dependable services to other communities and a
management background that gives evidence of excellent construction practices, ability
to meet deadlines and good planning and marketing practices.
(k) Applicants proposing services and technical standards exceeding the
minimum required in this chapter will be given added weight in the evaluation if these
services and standards are guaranteed and are within the financial capability of the
system as shown by a pro forma statement, and are also within the guidelines of
acceptability as defined by FCC's description of extra service packages.
(1) Each application shall be accompanied by a filing fee in the amount of
five thousand dollars ($5,000). This fee shall be used to pay the cost of processing the
application, including consultation fees, and the time and materials of City departments
required for the processing. Any part of the filing fee that is not required to meet the cost
of processing shall be returned pro rata to the applicant following the selection process.
Each applicant shall be required, as a condition to the award of a franchise, to post with
the City a construction bond, acceptable to the City Attorney, or, in lieu thereof, cash in
the full amount of the cost of construction, and such additional corporate guarantees as
the City may require as surety for the faithful performance and discharge by it of all of its
construction obligations. The bond shall remain in force and in effect until construction is
completed and approved by the City.
Section 11 Franchise required for operation. No Cable Television System
may operate within the City without grant of a franchise pursuant to this chapter and in
accordance with applicable law.
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Section 12 Provision of supplemental services within the City. A
Franchisee will provide, free of charge to the City, the following supplemental services
on an annual basis.
(a) "Expanded Basic" service to each public and private school, but no
"home" school, located in the Franchise Area located within one hundred twenty-five
(125) feet of Franchisee's distribution cable.
(b) "Expanded Basic" service to each municipal building and community
center located in the Franchise Area located within one hundred twenty-five (125) feet of
Franchisee's distribution cable.
Section 13 Parental control devices. It is the declared public policy of the
City that each person's home is a place of refuge and privacy subject to the unique control
of the homeowner and the occupants and that these values are especially important as
they pertain to the parenting of children and the supervision of children.
(a) Each Franchisee shall provide for sale or lease a parental control device,
defined below, to each and every Subscriber requesting such device for use as part of
their cable subscription and shall provide assistance on the use of all parental control
devices supplied by the Franchisee. A parental control device shall mean a converter or
other equipment or software or combination thereof, which enables the adult user to
electronically block either channels or programs or other services from being shown on
such receivers.
(b) A Franchisee shall, verbally and upon request in writing, inform potential
Subscribers and renewing Subscribers regarding the available option to obtain a parental
control device, the rates and terms for such devices and reasonable and clear information
with regard to use of such devices. If applicable, the Franchisee shall install a parental
control device within fifteen (15) days after receiving an order for such device from a
Subscriber. The parental control devices to be made available by the Franchisee shall be
reliable equipment, which is available at a reasonable and affordable price to the vast
majority of Subscribers to the Cable Television System in the City of Atlantic Beach.
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(c) Upon written request by customer, Franchisee shall provide parental
control devices and the installation thereof at a nominal cost.
(d) As parental control devices are improved and new technology becomes
available, the Franchisee shall upgrade the parental control device it makes available to
its Subscribers so that such devices shall continue to be affordable and easy to own, rent,
use and operate by a parent for the protection of the family and especially children of the
family and children which are guests in the home.
(e) It is the intent of the City Commission that each Subscriber shall have the
option to control by mechanical or electronic means known only to the designee of the
Subscriber, the channels and programs received by the television receivers of such
Subscribers. Franchisee shall take reasonable steps to make parental control devices
available to Subscribers on an affordable and user friendly basis.
Section 14 Education and Government Channels.
In accordance with Section 611 of the Cable Act (47 U.S.C. Section 531) the
Franchisee agrees to provide to Atlantic Beach, Jacksonville Beach and Neptune Beach
throughout the term of this Franchise Agreement, for their non-exclusive use, one (1)
Access Channel to be shared among them, to be used for non-commercial, local
governmental access programming. Atlantic Beach, Jacksonville Beach, and Neptune
Beach, individually or collectively, shall give Franchisee ninety (90) days written notice
of the intent to initially start the use of the channel Franchisee shall cover fifty percent
(50%) of the cost for the equipment and connectivity and all other associated costs, and
the requesting City or Cities will cover the balance. Franchisee and Franchise Authority
expressly agree that such capacity is not required to be placed on the most basic tier and
may he placed on other tiers, including digital tiers not subscribed to by every customer,
subject to Franchisee's discretion. If such capacity is placed on the most basic tier, than
Franchisee may broadcast such programming in a digital format so that Subscribers must
have the necessary digital box or terminal to view the channel. Because blank or under
utilized Government channels are not in the public interest, in the event that Atlantic
34
Beach, Jacksonville Beach and Neptune Beach elect not to fully program its channel
capacity, meaning eight (8) hours-a-day, non-repetitive, locally produced programming
Monday through Saturday for a minimum of six (6) consecutive weeks, Franchisee may
program unused time so long as Atlantic Beach, Jacksonville Beach and Neptune Beach's
programming is not preempted.
Section 15 Liquidated Damages.
(a) Calculation of Damages. Subject to the annual cap pursuant to Subsection
(d) of this Section, liquidated damages shall be calculated in the following manner:
(1) Excessive Customer Complaints to the City. If in any single
month the number of Service Complaints and Billing Complaints from different
individuals received by the City exceeds eleven (11) under Normal Operating Conditions,
the City Manager may notify Franchisee in writing and request a meeting with
Franchisee's system manager within five (5) business days to determine the cause of the
high call volume and to establish a plan to cure or commence to cure within thirty (30)
days the cause of the high call volume. If following such a meeting the call volume
nevertheless exceeds eleven (11) the following month, the City Manager may assess
liquidated damages of One Thousand Dollars ($1000). If following such a meeting the
call volume continues to exceed eleven (11) calls for any one month, the liquidated
damages amount shall reset to One Thousand Dollars ($1,000) for the next violation.
Complaints to the City that Franchisee demonstrates are unsubstantiated by any third
party, organization, group or the City shall not count toward assessment of the damages
set forth herein. No liquidated damages may be assessed if the City has not notified the
Franchisee and held the above-mentioned meeting. If it appears that call volume to the
City continues to exceed eleven (11) calls per month in consecutive months despite
Franchisee's best efforts to remedy any problem, or in the absence of an identifiable
cause, Franchisee may request the City for a new call volume threshold in the City's
reasonable discretion. The assessment of liquidated damages for excessive customer
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complaints shall not preclude Franchisee's obligation to issue customer credits pursuant
to this Ordinance or the Franchise Agreement.
(2) Failure to comply with customer service requirements. For a
failure to comply with the requirements of Section 7 customer service requirements, the
City Manager may assess Franchisee liquidated damages in the amount of Five Hundred
Dollars ($500) per violation for each day the violation remains uncured unless liquidated
damages in another amount is specifically set forth herein.
(i) Prior to assessing any liquidated damages, the City
Manager shall mail to the Franchisee a written notice by certified or registered mail of the
alleged violation and the proposed liquidated damage, specifying the violation at issue
and any liquidated damages will commence as of the date of such notice.
Notwithstanding, unless a customer service violation cannot be cured, such as a violation
of Subscriber privacy, the Franchisee shall have thirty (30) days from the date of receipt
of the written notice to cure or commence to cure, as is appropriate depending on the
nature of the violation, the alleged violation or file a written response to the notice of
violation by the City Manager refuting the alleged violation or explaining why additional
time for cure is necessary. In the case of violations of requirements measured on a
quarterly or longer period, Franchisee shall have thirty (30) days from the date of receipt
of the written notice to commence to cure the alleged violation and Franchisee shall cure
the violation in no less than one such period.
(ii) Prior to assessing liquidated damages, the City Manager
shall consider any justification or mitigating factor advanced in the written response of
the Franchisee, including but not limited to rebates or credits to the Subscriber. The City
Manager may, after consideration of the response of the Franchisee, waive or reduce any
proposed liquidated damage in the event the violation has not been cured. The City
Manager may not assess any liquidated damage if the Franchisee has reasonably
responded to the complaint or cured or commenced to cure, as may be appropriate, the
violation within a reasonable time frame not to exceed thirty (30) days or for violations of
36
requirements measured on a quarterly or longer period, commenced to cure within thirty
(30) days and cured within one such period, following receipt of written notice from the
City, unless some other cure period is approved by the City Manager.
(3)
Fraud. A practice of intentional misrepresentation, fraud or deceit
by a Franchisee in connection with the customer service standards set forth in Section 7
shall be grounds for franchisee revocation and a fine in an amount not to exceed Ten
Thousand Dollars ($10,000).
(4) Construction Delay. Upon expiration of the construction schedule
attached to a Franchise Agreement without construction having been completed, the City
shall give a Franchisee written notice of non-compliance. Failure to cure the non-
compliance within thirty (30) days from receipt of the written notice shall result in the
assessment of liquidated damages in the amount of Two Thousand Dollars ($2,000) per
day, starting the 31st day after receipt of notice of noncompliance. However, Franchisee
may apply for, and the City will not unreasonably deny, an extension of time to complete
construction where the failure to meet the established deadlines is caused by federal, state
or municipal action (including delays in permitting or make-ready steps), act of God, riot
or other civil disturbance, or by any other cause, contingency or circumstance beyond its
control which prevents or hinders the construction of the Cable Television System;
provided, however, that difficulties or delays caused by subcontractors do not warrant a
waiver of the damages hereunder.
(5) Construction and installation violations. For failure to complete
construction and installation of the cable system and to commence operations in
accordance with the terms of the Franchise Agreement, unless the City Commission,
upon the recommendation of the Manager, approves a construction delay because of
reasons beyond the control of the Franchisee, Franchisee shall pay liquidated damages in
the amount of Two Thousand Dollars ($2,000) per day for each day construction or
commencement of operations is late. The City shall give a Franchisee written notice by
certified mail of an alleged violation. A Franchisee shall have thirty (30) days to cure or
37
commence to cure as may be appropriate the alleged violation or to seek a reasonable
extension of time in which to complete construction or commence operations, which
extension shall not be unreasonably denied. No liquidated damages shall be assessed if
the alleged violation is cured or commencement to cure has begun, as may be appropriate
within the allotted time. Further, nothing in this paragraph limits the otherwise applicable
remedies available to the City for this or any other breach of the Franchise Agreement,
including but not limited to revocation and liquidated damages set forth in this
Ordinance.
(6) Breach not otherwise provided for. Unless otherwise provided in
this Ordinance or a Franchise Agreement, substantial breaches of material provisions of a
Franchise Agreement or this Chapter, other than the customer service Section or any
other Section already providing for fines or liquidated damages, shall subject a
Franchisee to liability for liquidated damages not to exceed Five Hundred Dollars ($500)
for each violation, calculated on a calendar day basis with each day of a continuing
violation constituting a separate violation. In the case of violations based on failure to
meet monthly or quarterly requirements, the violation shall be calculated as a continuing
violation for each month or quarter of such continuing violation. The City shall provide
written notice of any alleged violation describing in detail the basis of the violation. A
Franchisee shall have an opportunity to cure the alleged violation within thirty (30) days,
contest the existence of a violation, or to request such additional time as is reasonably
necessary to implement a cure, which request shall not be unreasonably denied. For
purposes of this Section, a "material provision" is one that sets forth requirements the
violation of which may substantially prevent or impair the delivery of cable services to
more than one percent (1%) of the Subscribers in the Franchise Area served or to be
served by a Franchisee in a manner or at a quality consistent with the terms of this
Ordinance as it existed on the effective date of the Franchise Agreement, and the
Franchise Agreement issued pursuant thereto.
38
(b) Payment and enforcement. Upon expiration of the cure period without a
cure or commencement of a cure, as may be appropriate, with consideration of the
response of the Franchisee, if any, the Manager may issue an assessment of the liquidated
damages in writing delivered by certified mail. The liquidated damage shall be paid
within thirty (30) days of written notice of assessment to the Franchisee. This fine shall
constitute liquidated damages to the City for the violation and the City may enforce
payment of the liquidated damage in any court having jurisdiction, including enforcement
against the letter of credit provided by a Franchisee. It is the intent of the City to
determine liquidated damages as a reasonable estimate of the damages suffered by the
City, whether actual or potential, that are difficult to measure.
(c) Appeals. Franchisee may appeal any decision of the Manager directly to
the City Commission within thirty (30) days of notice of the assessment to the
Franchisee. Within thirty (30) days of exhaustion of all administrative remedies, which
includes the appeal to the City Council, Franchisee may appeal to a court of competent
jurisdiction. Franchisee's obligation to pay the liquidated damages assessed shall not be
stayed pending resolution of the appeal.
(d) Annual cap on liquidated damages.
(1) Amount of Cap. The Manager is responsible for assessing and
collecting liquidated damages in an amount no greater than Fifteen Thousand Dollars
($15,000) annually. In no event shall the total annual liquidated damages imposed by the
City exceed Fifteen Thousand Dollars ($15,000).
(2) Availability of alternative remedies. To the extent that the City
elects to assess liquidated damages as provided in this Ordinance and such liquidated
damages have been paid, such damages shall be the City's sole and exclusive remedy.
Notwithstanding the foregoing, nothing in this Section is intended to preclude the City
from exercising any other right or remedy with respect to recover damages pursuant to
any provision of this Ordinance for a breach that exceeds the maximum amount
allowable pursuant to this Section.
39
Section 16 Alternative to Revocation of the Franchise Agreement. In the
event of violations of provisions of this Ordinance by the Franchisee that, pursuant to this
Ordinance or the Franchise Agreement, would give the City the option to revoke the
Franchise Agreement, the City Commission reserves the right as an alternative to
revocation of the Franchise Agreement to ask Franchisee to propose rebates to be paid to
Subscribers reflecting the seriousness of the violation.
Section 17 Citation. This Ordinance No. shall be known and may be
cited as the "Atlantic Beach Cable Television Ordinance."
Section 18 Amendments. The City Manager be, and hereby is, authorized to
execute a non-exclusive renewal franchise agreement between the City of Atlantic Beach
and Comcast of Greater Florida/Georgia, Inc., which shall be subject to the Atlantic
Beach Cable Television Ordinance.
Section 19 Effective Date. This Ordinance shall become effective upon
signature by the City Manager or upon becoming effective without the City Manager's
signature.
Form Approved:
City Attorney
Ordinance Atlantic Beach 01/27/06
40
J
AGENDA ITEM #3A
APRIL 24, 2006
ATLANTIC BEACH / COMCAST
•
i►
J
LIQUIDATED DAMAGES AND REVOCATION
•
r
EFFECTIVE
DATE
e
c
e
c
e
e
e
e
e
e
e
e
e
e
Q
Q
e
0
EXCESSIVE CUSTOMER COMPLAINTS - CHART "A"
Has the call volume exceeded 11 under normal
operating conditions?
4, YES
City Manager must notify Franchisee
In writing and request a meeting with
Comcast's system manager within 5 business
days to determine the cause of the high call
volume and establish a plan to cure or
commence to cure within 30 days.
NO
No damages may be assessed
pursuant to this Section.
In the next month following the meeting, does
the call volume still exceed 11?
Has Franchise demonstrated that any of the
complaints are unsubstantiated?
Subtract the number of
unsubstantiated complaints
from the total number of
complaints.
The City Manager may assess liquidated
damages of $1,000. (see Chart F).
After subtracting the
unsubstantiated complaints
from the total number of
complaints, does the call
volume still exceed 11?
The City Manager may assess liquidated damages in the amount of $1000. for each.
succeeding month that the call volume exceeds 11 (see Chart F). Should Franchisee
experience a substantial pattern of non-compliance, the City may revoke the Franchis
Agreement (see Chart G).
Should Franchisee enter into a practice of intentional misrepresentation, fraud or deceit
in connection with the customer service standards, the City may revoke the Franchise
Agreement and fine Franchisee up to $10,000.
0 FAILURE TO COMPLY WITH CUSTOMER SERVICE REQUIREMENTS - CHART "B"
i
Under Normal Operating Conditions,
has Franchisee failed to comply with
Ordinance Section 7 customer service
requirements?
jYES
NO
City Manager must mail to the Franchisee a
written notice by certified or registered mail
of the alleged violation and proposed
liquidated damage. Unless, due to the
nature of the violation, the violation cannot
be cured, Franchisee has 30 days to cure,
commence to cure or file a written response
to the notice. However, franchisee will have
45 days to cure any violation measured on a
quarterly period.
No damages may be assessed
pursuant to this Section.
City Manager shall assess damages in the
amount of $500 per day for each day the
violation is uncured. Damages shall accrue as
of the date of the City's written notice to
Franchisee (see Chart F).
Should Franchisee enter into a practice of
intentional misrepresentation, fraud or deceit
in connection with the customer service
standards, the City may revoke the Franchise
Agreement and fine Franchisee up to $10,000.
Should Franchisee experience a substantial
pattern of non-compliance, the City may revoke
the Franchise Agreement (see Chart G).
b
CONSTRUCTION DELAY - CHART "C"
Has the construction schedule expired
without construction having been
completed?
YES
City must give written notice of non-
compliance to Franchisee.
No damages may be assessed
pursuant to this Section.
30 days after Franchisee receives written
notice, has construction been completed?
Has Franchisee applied for a time
extension due to an act of God, riot or ..
cause beyond the control of Franchisee,
not including delays caused by
subcontractors?
The City may not unreasonably
deny the extension.
Franchisee shall be assessed liquidated
damages in the amount of $2000. per
day, starting on the 31st day after
Franchisee has received notice of non-
compliance,
on compliance, or the end of the cure
period, whichever is applicable (see
Chart F).
Has the extension expired
without construction having been
completed?
Should Franchisee experience a
substantial pattern of non-
compliance, the City may
revoke the Franchise
Agreement (see Chart G).
CONSTRUCTION AND INSTALLATION VIOLATIONS - CHART "D"
Has the Franchisee failed to complete
construction and installation of the
cable system in accordance with the
Franchise Agreement?
City must give written notice of non-
compliance by certified mail to
Franchisee.
NO ►
No damages may be assessed
pursuant to this Section.
30 days after Franchisee receives written
notice, has construction been completed?
Has Franchisee requested additional
time to cure?
The City may not unreasonably
deny the request for an
additional time extension.
Franchisee shall be assessed liquidated
damages in the amount of $2000. per
day, starting on the 31st day after
Franchisee has received notice of non-
compliance, or the end of the cure
period, whichever is applicable (see
Chart F).
Has the cure period expired
without construction having been
completed?
Has Franchisee applied for an
additional cure period?
0
0
0
0
D
9
0
0
0
0
0
0
BREACH NOT OTHERWISE PROVIDED FOR - CHART "E"
Has the Franchisee committed a
breach of the Franchise Agreement or
ordinance that substantially prevents
or impairs the delivery or quality of
cable services to more than 1% of the
subscribers in the Franchise Area and
for which liquidated damages are not
provided for in Charts A,B,C or D?
1,YE5
City must give Franchisee written
notice of the alleged violation.
Franchisee has 30 days to cure or
contest the alleged violation.
NO
No damages may be assessed
pursuant to this Section.
Did Franchisee cure the breach within 30
days of receiving notice or successfully
contest the alleged violation?
Has Franchisee requested additional
time to cure?
Franchisee shall be assessed liquidated
damages in the amount of $500. for each
violation for each day the violation is
uncured, except that for violation based
on failure to meet monthly or quarterly
requirements, the violation will be
calculated as a continuing violation for
each month or quarter of such coniinuing
violation (see Chart F).
Has the extension period
expired without the breach
having been cured?
Has Franchisee applied for an;`.
additional reasonable cure
period?
PAYMENT AND ENFORCEMENT - CHART "F"
Upon expiration of the applicable
cure period, the City Manager may
issue an assessment of liquidated
damages in writing by certified mail.
The assessment of liquidated
damages may not exceed $15,000.
annually. If damages exceed
$15,000., the City may apply to a
court for actual damages for any
breach by Franchisee which occurred
after the $15,000. cap has been
exceeded.
•
, , •••.-
•
If Franchisee desires to appeal the
assessment of damages, Franchisee
must appeal within 30 days to the
City Council. Franchisee's obligation
to pay damages will be stayed
pending appeal.
Did Franchisee appeal the decision
of the City Manager?
Franchisee may appeal to a court of
1
competent jurisdiction and the
decision of that court shall govern.
••-.4•.•-• krg
REVOCATION OF FRANCHISEE - CHART "G"
Have any of the following occurred?
1. Franchisee exhibits a practice of intentional
misrepresentation, fraud or deceit;
2. Franchisee becomes insolvent, unable or
unwilling to pay its debts or is adjudged
bankrupt or all or a substantial part of
Franchisee's facilities are sold to secure a debt;
3. The Cable System in the Franchise Area, or any
substantial portion thereof fails to meet in total
the minimum FCC signal standards for 2 tests
in any 3 year period or any 1 test is not
corrected within 90 days; or
4. The Cable System in the Franchise Area or any
substantial portion thereof experiences a
substantial pattern of non-compliance with
customer service standards or requirements.
NO
The City may not revoke the
Franchise Agreement.
Does the City desire to enforce its rights to revoke the.
Franchise Agreement?
P •
The City may take any
lawful action that it deems
necessary to enforce its
rights in lieu of revocation.
The City must give written notice of its intent to revoke
the Franchise Agreement. The notice must specify the
exact nature of the non-compliance. Franchisee has 60
days from receipt of notice to object in writing.
Did Franchisee object to the revocation?
The City may seek termination of the Franchise
Agreement at a public hearing and must give
Franchisee at least 10 days notice of the date and
time of hearing.
The City may revoke the
Franchise Agreement an
may purchase the Cable
System with no value being;
attributed to the Franchise
itself (i.e. The City may
purchase the Cable System!
for the cost of hard assets
minus the cost of their
installation).
If the Franchise Agreement is revoked at the hearing,
the City may purchase the Cable System and no value
shall be attributed to the Franchise itself (i.e the City
may purchase the Cable System for the cost of hard
assets minus the cost for their installation).
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
AGENDA ITEM #8B
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Atlantic Beach City Ordinance, Short Term Rentals, C ipter 24, Sec 24-82
Alexander J. Sherrer, Code Enforcement Officer ofi.
April 14, 2006
Atlantic Beach City Code, Chapter 24: Short Term Rentals are becoming
more and more of a nuisance in Atlantic Beach, causing continual disruptions
to the harmony of our family oriented city. While it has always been against
City Code to rent a residential property for less then 90 days, it has only been
addressed in the City Code by definition. This has proven to be an
argumentative point when explaining to a property owner or management
company that their investment property cannot be rented/leased by the day or
week. The recommended changes to Chapter 24 definitions and Sec 24-82
were researched and drafted by the City Attorney for purpose of amending
the existing code. This amendment not only will clarify the existing code but
also prohibits the advertising of any residential property within the City of
Atlantic Beach as a short-term rental.
Furthermore it is the recommendation of the City's Code Enforcement
Officer that this amendment be adopted to clarify the City Code by definitely
spelling out for anyone that reads it, that residential properties in Atlantic
Beach are not to be confused with the local Motel 6.
BUDGET: N/A
RECOMMENDATION: City Ordinance, Chapter 24 definitions and Sec 24-82 amendment be
approved.
ATTACHMENTS:
REVIEWED BY CITY MAN
City Ordinance, C . apter 24: definitions page 1424 and Sec 24-82.
AGENDA ITEM #8B
APRIL 24, 2006
ORDINANCE NO. -06-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, ZONING,
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, ARTICLE II,
LANGUAGE AND DEFINITIONS, SEC. 24-17, DEFINITIONS, BY ADDING
A NEW DEFINITION OF SHORT TERM RENTALS; AND FURTHER
AMENDING ARTICLE III, ZONING REGULATIONS, DIV. 4, GENERAL
PROVISIONS AND EXCEPTIONS, BY ADDING A NEW SUBSECTION (1)
UNDER SEC. 24-82, GENERAL RESTRICTIONS UPON LAND, BUILDINGS
AND STRUCTURES, TO PROHIBIT SHORT TERM RENTALS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new definition of short term rentals to Sec. 24-17, Definitions, which shall
read as follows:
"Short term rentals shall mean any residential rental or lease the term of
which is less than ninety (90) days."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding a new subsection to Sec. 24-82, General restrictions upon land buildings and
structures, to be lettered subsection (1), which subsection shall read as follows:
"(1) Short term rentals prohibited. Private homes, including but not
limited to single family homes, townhomes, duplexes, condominiums, and the like,
shall not be rented or leased for a term or period of less than ninety (90) days. No
one shall offer or advertise a private home for rent or lease for a term or period of
less than ninety (90) days"
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2006.
AGENDA ITEM #8B
APRIL 24, 2006
PASSED by the City Commission on second and fmal reading this day of
, 2006.
ATTEST:
Donna L. Bussey, City Clerk Donald M. Wolfson, Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM #8B
APRIL 24, 2006
24-17 ATLANTIC BEACH CODE
Shopping center shall mean a group of retail stores or service establishments, planned,
developed, owned and managed as an integral unit, with off-street parking provided on the
property, and related in location, size and type of shops to the trade area the shopping center
serves.
Short term rentals shall mean any residential rental or lease the term of which is less then ninety
(90) days.
Site plan shall mean the surveys, maps or drawings depicting the specific location and design of
improvements proposed to be installed or constructed in accordance with the requirements of
this chapter.
Sight triangle shall mean the area within the limits described by the two (2) intersecting center
lines of a street and a line drawn between them from points on each center line that are a
prescribed number of feet from the intersection of the center lines. See figure 3.
GRAPHIC LINK: Figure 3
Sign shall mean any identification, description, illustration, or device illuminated or non -
illuminated, which is visible from any outdoor place, open to the public and which directs attention
to a product, service, place, activity, person, institution, or business thereof, including any
permanently installed or situated merchandise; or any emblem, painting, banner, pennant,
placard, designed to advertise, identify, or convey information, with the exception of customary
window displays, official public notices and court markers required by federal, state or local
regulations; also excepting, newspapers, leaflets and books intended for individual distribution to
members of the public, attire that is being wom, badges, and similar personal gear. Signs shall
also include all outdoor advertising displays as described within Section 3108.1.1, Florida
Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida
Building Code.
Story shall mean that portion of a building included between the surface of any floor and the
surface of the floor above it, or if there is no floor above it, then the space between the floor and
ceiling above.
1424
AGENDA ITEM #3B
APRIL 24, 2006
Sec. 24-82. General restrictions upon land, buildings and structures.
(a) Use. No building or structure shall be placed or erected, and no existing building shall be
moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used,
designed or intended to be used for any purpose or in any manner other than a use designated in
this chapter, as allowed in the zoning district in which such land, building, structure or premises are
located. Further, no land shall be used except in compliance with the comprehensive plan.
(b) Number of buildings allowed on a single-family or two-family (duplex) lot. The total number
of buildings on any lot zoned only for single-family or two-family (duplex) use shall not exceed
three (3) including the principal use structure, detached garages and any other detached building.
(c) Height. No structures or building shall be erected, and no existing building shall be moved,
reconditioned or structurally altered so as to exceed the height limit specified in this chapter for the
zoning district in which such building or structure is located. However, on nonconforming lots of
record, the height of buildings shall be restricted to a percentage of the area of the such lot
compared to the minimum requirements of the zoning district and applying the same to the
maximum height of building allowed in said zoning district. (For example, if the minimum lot area is
5,000 square foot, and the size of the nonconforming lot is 2,500 square feet, a percentage of fifty
(50) percent would be applied to the 35 -foot height restrictions, resulting in an allowable height of
building of seventeen and one-half (17.5) feet.
(d) Percentage of lot occupancy. No building or structure shall be erected, and no existing
building or structure shall be moved, altered, enlarged or rebuilt, or shall any open space
surrounding any building or structure be encroached upon or reduced in any manner, except in
conformity with the building site requirements, the area and parking and required yard regulations
established by this chapter for the zoning district in which such structure is located.
(e) Density. No structure or property shall be developed or used so as to provide a greater
density than is allowed under the terms of the comprehensive plan or the limitations for the zoning
district in which such structure is located.
(f) Open space use limitation. No yard or other required open space on a lot shall be
considered as providing a required yard or open space for any other structure on an adjacent lot.
(g) Required lot and occupancy. Structures shall be located on a lot of record, and there shall
be no more than one (1) principal use structure on a single lot, unless otherwise provided by the
provisions of this chapter. Every building or structure hereafter erected shall be located on a lot as
defined herein; and in no case shall there be more than one (1) principal building on one (1) lot,
except as otherwise provided in this article.
AGENDA ITEM #3B
APRIL 24, 2006
(h) Duplicates or externally similar dwellings. Construction of single-family or two-family
dwellings that are duplicates of another single-family or two-family dwellings within a distance of
five hundred (500) feet shall be prohibited. This provision shall apply to external features only and
shall not apply to two-family dwellings, townhouses or condominiums when constructed as part of
single development project with a unified design theme. In determining compliance with this
provision, a minimum of five (5) of the following characteristics shall be substantially different.
(1) Roof design and roof color.
(2) Exterior finish materials, excluding paint color.
(3) Window sizes and shape.
(4) Main entry door style and location.
(5) Number of stories.
(6) Attached/detached garage.
(7) Front or side entrance garage (if attached).
(i) Temporary residence. No trailer, basement, tent, shack, garage, camper, bus or other
accessory building or vehicle shall be used as a residence, temporarily or permanently, nor shall
any such residence of temporary character be permitted in any zoning district.
(j) Minimum floor area for residential dwelling units:
(1) One (1) story: One thousand (1,000) square feet of enclosed living area.
(2) Two (2) story: Six hundred fifty (650) square feet of enclosed coverage on the ground floor
and not less than a total of one thousand (1,000) square feet of enclosed living area.
(3) Two-family dwelling (duplex): Each unit shall have nine hundred (900) square feet of
enclosed living area.
(4) Apartment dwelling unit:
a. Efficiency with bedroom area combined with other living areas, four hundred eighty (480)
square feet of enclosed living area.
b. One (1) bedroom with individual bedroom area permanently partitioned from other living
areas, five hundred seventy-five (575) square feet of enclosed living area.
c. Two (2) bedrooms with each individual bedroom area permanently partitioned from the
living areas, seven hundred (700) square feet of enclosed living area.
d. Three (3) bedrooms with each individual bedroom area permanently partitioned from other
living areas, eight hundred forty (840) square feet of enclosed living area.
e. Four (4) bedrooms with each individual bedroom area permanently partitioned from other
living areas, nine hundred ninety (990) square feet of enclosed living area.
AGENDA ITEM #8B
APRIL 24, 2006
f. Over four (4) bedrooms, add one hundred fifty (150) square feet of enclosed living per
additional room.
(k) Flood protection. All lots and building sites shall be developed such that habitable space is
constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea
level. Flood protection provisions shall be approved by the designated administrative official to
ensure that grade changes will not alter the natural drainage or adversely affect other areas
downstream through added runoff or adverse impacts to water quality.
(1) Short term rentals prohibited. Private homes, including but not limited to single family homes,
townhomes, duplexes, condominiums, and the like, shall not be rented or leased for a term or period
of Tess than ninety (90) days. No one shall offer or advertise a private home for rent or lease for a
term or period of Tess than ninety (90) days"
AGENDA ITEM:
SUBMITTED BY:
AGENDA ITEM #8C
APRIL 24, 2006
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Possible Removal of Sidewalk in 1200 Block of Beach Avenue
Jim Hanso
DATE: April 18, 2006
BACKGROUND: Several weeks ago, the City Commission voted to remove the sidewalk on
the 1200 block of Beach Avenue because it was in poor condition and not
needed because there were no other sidewalks 011 the street that it
connected to and most people used Beach Avenue for pedestrian activities
instead of the sidewalk. Several weeks later, Ms. Kirkpatrick addressed
the City Commission asking that the sidewalk be retained. She stated that
most of the other people on the block wanted it also to stay. The
Commission then asked the city staff to check with the other property
owners to get their opinion on the possible removal.
BUDGET:
At the last commission meeting on April 10th, it was reported that Rick
Carper had spoken with each of the property owners and three of the four
of them wanted the sidewalk removed. Since that time, one of the owners
supporting the removal has called to say that she would now like the
sidewalk to remain.
It would be appropriate for the City Commission to determine whether the
sidewalk should be left in place with minor repairs to correct some
dangerous spots, replaced entirely with a new sidewalk or removed.
The cost to replace the sidewalk with new concrete is estimated at $6,000.
The cost to remove the sidewalk and replace it with sod is estimated at
$3,000 and the cost to patch the sidewalk is estimated at $2,000. The city
has a budget of $50,000 this year for repair of sidewalks.
RECOMMENDATION: The Mayor and Commission should determine what steps should be taken
next on the sidewalk.
ATTACHMENTS: None.