09-04-1996 CC Meeting AgendaCITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogem-Libert, Vice Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harr~ Holzberg
Jeffrey Perlow
COUNCIL MEETING
SEPTEMBER 4, 1996 - 7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
AGENDA:
SPECIAL PRESENTATIONS:
MOTION TO APPROVE MINUTES OF:
COUNCIL MEETING AUGUST 13, 1996
WORKSHOP MEETING AUGUST 19, 1996
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
PRESENTATION OF AWARDS TO WINNERS OF LOGO
CONTEST
INTRODUCTION OF MEMBERS OF THE BEAUTIFICATION,
RECREATION AND CULTURAL ARTS ADVISORY BOARD
SEPTEMBER 4, 1996
6. CONSENTAGENDA
MOTION TO ADOPT
LANDSCAPE MAINTENANCE
FOLLOWS:
RIGHTS-OF-WAY/MEDIAN
SERVICES POLICY, AS
THE CITY OF AVENTURA SHALL ASSUME AND
PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE
MAINTENANCE SERVICES AS THE CITY MANAGER
DEEMS NECESSARY IN THE PUBLIC RIGHTS-OF-WAY
AND PUBLIC AREAS WITHIN THE BOUNDARIES OF THE
CITY AS OUTLINED IN THE CITY MANAGER'S REPORT
DATED AUGUST 28, 1996. THE CITY MANAGER IS
DIRECTED TO PROVIDE FOR AN ORDERLY TRANSFER
OF THESE RESPONSIBILITIES AND ASSOCIATED
COSTS CURRENTLY UNDER THE JURISDICTION OF
NON-GOVERNMENTAL ENTITIES OR ASSOCIATION
AND DADE COUNTY.
THE CITY MANAGER IS ALSO AUTHORIZED TO
PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE
MAINTENANCE SERVICES TO AREAS CURRENTLY
PRIVATELY OWNED OR MAINTAINED ONCE THEY ARE
DEDICATED TO THE CITY FOR PUBLIC PURPOSES.
THE SERVICES WILL BE PROVIDED AT THE SAME OR
BETTER LEVEL THAN CURRENTLY IN PLACE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
C.A.P. ENGINEERING CONSULTANTS, INC. TO
PERFORM BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
2
SEPTEMBER 4, 1996
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION TO AUTHORIZE THE PURCHASE OF THE WINN
DIXIE SITE IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 29, 1996
7. PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S
CODE ENFORCEMENT PROCESS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND
PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND
POWERS OF SPECIAL MASTERS; PROVIDING FOR THE
CITY ATTORNEY TO SERVE AS COUNSEL; PROVIDING
FOR AUTHORITY TO INITIATE ENFORCEMENT
PROCEDURES; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR CONTENTS AND
SERVICE OF WARNINGS AND NOTICES; PROVIDING
FOR RIGHTS OF VIOLATORS; PROVIDING FOR
SCHEDULING AND CONDUCT OF HEARING; PROVIDING
FOR CIVIL PENALTIES AND RECOVERY OF UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF
SPECIAL MASTER'S ORDER; PROVIDING FOR
SUPPLEMENTAL PROVISIONS; PROVIDING FOR
ADDITIONAL ENFORCEMENT POWERS; PROVIDING
3
SEPTEMBER 4, 1996
FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF CODE ENFORCEMENT PROVISIONS PROVIDED BY
METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THE INTERIM TERMS AND
CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING TO
THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE
OR THAT IN ANY MANNER WHATSOEVER USE THE
CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE
THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS
IN THE PUBLIC INTEREST AND IN CONFORMANCE
WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE AND EFFECTIVE DATE. (Second
Reading)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THAT A PERSON SHALL NOT
SERVE ON MORE THAN ONE CITY OF AVENTURA
BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE. (Second Reading)
RESOLUTIONS: NONE
REPORTS:
· MAYOR AND COUNCIL
· ClTY MANAGER
· CITY ATTORNEY
4
SEPTEMBER 4, 1996
10. OTHER BUSINESS:
11.
12.
MOTION TO AUTHORIZE THE CITY MANAGER TO
PROCEED WITH NEGOTIATIONS TO PURCHASE THE
GAMPEL PROPERTY (Councilmember Pedow)
PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
THURSDAY, SEPTEMBER 5, 1996
WEDNESDAY, SEPTEMBER 11, 1996
TUESDAY, SEPTEMBER 17, 1996
THURSDAY, SEPTEMBER 19, 1996
1sT PUBLIC HEARING ON BUDGET
WORKSHOP MEETING
REGULAR COUNCIL MEETING
2ND PUBLIC HEARING ON BUDGET
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at
such meeting or hearing will 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 includes the testimony and evidence upon which the
appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191st
Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the
City Clerk at 466-8901.
5
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, AUGUST 13, 1996 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 N.E. 191ST STREET SUITE 500
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur I.
Snyder at 9 a.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken
Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor
Arthur I. Snyder, City Manager Eric M. Soroka, and City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
OVERVIEW & REVIEW OF PROPOSED BUDGET: Mr. Soroka stated that the
purpose of the meeting was to review the proposed budget and presented an
overview.
GENERAL FUND: Council reviewed the General Fund in detail. A motion to approve
the General Fund was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed.
POLICE EDUCATION FUND: Upon review of this fund, a motion to approve was
offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and
unanimously passed.
STREET MAINTENANCE FUND: After discussion, a motion to approve the Street
Maintenance Fund was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed.
w
DEBT SERVICE FUND: Mr. Soroka explained the Debt Service Fund to Council.
Vice Mayor Rogers-Libert offered a motion to approve this Fund. The motion was
seconded by Counciimember Cohen and unanimously passed.
7. CAPITAL CONSTRUCTION FUND: A motion to approve the Capital Construction
Fund was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen
and unanimously passed.
A motion to amend the Agenda to provide for discussion of the Planning and
Zoning Board was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Holzberg and passed 6-1 with Councilmember Berger voting no.
Council discussed the Planning and Zoning Board and the qualifications of its
members, specifically as to whether or not individuals who currently serve on the boards
of master associations or similar organizations should be eligible to serve on the Planning
and Zoning Board.
8. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will
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 includes the testimony and evidence upon which the appeal is to be based.
COUNCIL WORKSHOP MEETING
AUGUST 19, 1996 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present
were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg,
Jeffrey Perlow, Vice Mayor Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M.
Soroka, City Attorney David M. Wolpin and City Clerk Teresa M. Smith. As a quorum
was determined to be present, the meeting commenced.
1. Council discussed hiring a Public Relations firm to develop a slogan for the City.
2. Councilmembers provided to the Manager their choices for 2® and 3rd place
winners of the Logo contest.
3. Each Councilmember provided the Mayor with their nomination to the
Beautification, Recreation and Cultural Arts Advisory Board, as follows: Dr. Joseph
Harding, Donna Miller, Dr. Henry Diamond, Janet Laine, Irving Kaye and Ruby Steiner.
4. Council discussed the qualifications of the members of the Planning and Zoning
Advisory Board and possible amendments to the Ordinance establishing this Board,
specifically as to whether or not individuals who currently serve on the boards of master
associations and/or similar organizations would be eligible to serve on this Board.
5. Potential sites available for purchase by the City were presented to Council by
Mr. Soroka. Mr. Ron Bloomberg, Mystic Point, representing Bennings Pan American,
the owner of property within the City, addressed Council relative to the potential sale of
property to the City. It was the consensus of Council that the Manager proceed with
negotiations to purchase the parcel of land presently owned by Winn-Dixie and to
conduct further research on three other potential sites, including appraisals.
6. Council discussed the development of a cultural arts partnership with Florida
International University but did not wish to proceed with the partnership as presented.
7. Mr. Soroka discussed the Festival of the Arts, provided Council with a list of
telephone numbers and services provided by each Department in the City, and
announced that the next Council workshop was scheduled for September 11, 1996 at
9a.m.
Council reviewed the agenda for the meeting of August 20, 1996.
There being no further discussion, the meeting adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
2
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _
Eric M. Soroka, City~a'g~r
Directive
Maintenance
Services--Policy
September 4, 1996 City Council Agenda Item 6-,~,
Recommendation
It is recommended that the City Council adopt a motion to authorize the City Manager to
implement the following policy regarding rights-of-way/median landscape maintenance
services:
Rights-of-Way/Median Landscape Maintenance Services Policy:
The City of Aventura shall assume and provide rights-of-way/median landscape
maintenance services as the City Manager deems necessary in the public rights-of-way
and public areas within the boundaries of the City as outlined in the City Manager's
report dated August 28, 1996. The City Manager is directed to provide for an orderly
transfer of these responsibilities and associated costs currently under the jurisdiction of
non-governmental entities or associations and Dade County.
The City Manager is also authorized to provide rights-of-way/median landscape
maintenance services to areas currently privately owned or maintained once they are
dedicated to the City for public purposes.
Backqround
The maintenance of landscaping, sprinkler systems, and medians, etc. within public
rights-of-way are normally the responsibility of local governments. This is an important
service in order to preserve the aesthetics, beauty, and character of the City. At this
time, there are various non-governmental agencies assuming the responsibilities and
costs associated with the maintenance function. This should become the responsibility
of the City of Aventura. The following lists show the areas that would become the
responsibility of the City.
Areas to be immediately assumed by the City:
Country Club Drive
Aventura Boulevard
William Lehman Causeway
NE 207th Street (stops at NE 34th Avenue)
NE 34th Avenue (stops at NE 214th Street)
NE 190th Street
NE 29th Avenue
Miami Gardens Drive
Landscape areas in public rights-of-way within the City.
The following locations are slated for future acquisition and dedication:
NE 183rd Street
NE 214th Street
NE 207th Street (east of 34th Avenue to Guard House)
Any public road/rights-of-way dedicated to the City.
Landscaping installed in the FEC right-of-way within the City.
Our goal is to provide the same or better level of service than what is currently in place.
We are in the process of preparing bid specifications in order to retain the services of a
private vendor. It is anticipated that the City would be in a position to provide service in
January, 1997. Funding is included in the proposed 1996/97 budget for these
anticipated service requirements.
The adoption of the recommended policy and subsequent implementation will result in
a cost savings to the associations and residents currently assuming the costs of the
maintenance of the public rights-of-way.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0072-96
UTURE
AQUISITION --
CITY OF
AVENTURA
FUTURE
AQUISiTION
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council __~
Eric M. Soroka, Cityl~/ranagd~
August 29, 1996 ~......._ ~
Scope of Services and Fees for Building Inspection and Plan Review
Professional Consultant Services
September 4, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution authorizing the
execution of the Agreement for Building Inspection and Plan Review Professional
Consultant Services (the "Agreement") with C.A.P. Engineering Consultants, Inc. This
will allow the City to move forward on providing building inspection and plan review
services to the community.
Back,qround
As authorized by previous Resolution, the City Administration has negotiated the scope
of services and fees for building inspection and plan review professional consultant
services. We expect to provide these services effective November 1, 1996.
The major points of the Agreement are as follows:
1. The City will employ its own Chief Building Official. The consultant will
provide all other services.
2. The consultant shall be compensated with 70% of the gross building permits
collected by the City.
3. The term of the Agreement is until January 31, 1997. However, the City may
extend the Agreement beyond that period.
4. Support services which include the coordination of the transfer of services
from the County to the City shall be paid at an hourly rate of $85.00.
5. Building inspections shall be provided within 24 hours.
6. Plan review shall be completed within ten (10) working days.
7. Consultant shall provide the appropriate insurance coverage with minimum
policy limits in the amount of $1,000,000.
The service standards established in the Agreement are for in excess of what is
currently provided by the County. The Agreement will allow the City to provide better
services to the community on an economical basis.
The City Staff is in the process of preparing the necessary ordinances to establish
building permit fees to fund the inspection plan review and administrative overhead
costs,
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0076-96
CITY OF AVENTURA
AGREEMENT
FOR
BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this __ day of September, 1996, by
and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P.
Engineering Consultants, Inc. 100 Miracle Mile Suite 300, Coral Gables, Florida 33134,
a corporation, hereinafter referred to as "Consultant."
IN CONSIDERATION of the mutual covenants set forth in this Agreement, the
parties agree as follows:
1. SCOPE OF SERVICES.
A. The Consultant agrees to provide building inspection and plan review
services for structural, plumbing, electrical and mechanical requirements as contained
in the South Florida Building Code, including the Dado County amendments thereof.
B. Services will be provided by personnel provided by the Consultant in
accordance with the job classifications contained in Exhibit "A." All such personnel shall
be and remain employees of Consultant, not City.
C. The Consultant shall also provide support services as requested by the
City to include the organization and coordination of the transfer of jurisdiction from
Metropolitan Dade County Building and Zoning Department to the City's Community
Development Department. These services will be provided through Mariano V.
Fernandez, P.E and Carlos A. Penin, P.E.
D. Both parties understand that City will employ its own Chief Building
Official as defined by the South Florida Building Code.
2. FEES FOR SERVICES
The Consultant agrees to charge the City the following fees for services:
A. For services provided pursuant to paragraph lA, Consultant shall be
compensated on a monthly basis, with seventy percent (70%) of the gross building
permit fee amounts collected by the City.
B. For services provided pursuant to paragraph 1C, Consultant shall be
compensated on an hourly rate at Eighty-Five ($85.00) Dollars.
C. City shall pay Consultant within thirty (30) days of invoice by Consultant.
3. TERM OF AGREEMENT.
This Agreement shall become effective upon signature of both parties and shall
continue in full rome and effect until midnight, January 31, 1997. However, this
Agreement may be extended upon mutual agreement of both parties. This Agreement
may be terminated by written notice of termination provided pursuant to paragraph 9.
4. GENERAL TERMS AND CONDITIONS.
A. All original sketches, tracings, drawings, computations, details, design
calculations, work papers and other documents and plans that result from the
Consultant providing specified services shall be the property of the City. Upon
termination of this Agreement, or upon request of the City during the term of this
Agreement, any and all such documents shall be delivered to the City by the
Consultant.
B. Consultant shall provide all necessary vehicles, radios and equipment for
their employees to perform the services required by this Agreement.
C. City shall provide badges, photo I.D., workspace and telephones for all
inspectors employed by Consultant to perform the services required by this Agreement.
5. SERVICE STANDARDS.
Consultant agrees to provide the services as required by paragraph lA based on
the following standards for service:
A. Building inspections shall be provided within twenty-four hours after the
City's Community Development Department receives a request for inspection.
B. Plan reviews shall be completed within ten working days after the
Community Development Department receives a request for plan review.
C. Consultant shall commence building inspection and plan review services
effective November 1, 1996, or earlier as determined by the City.
6. INSURANCE.
The Consultant shall at all times carry professional liability insurance, workers'
compensation insurance, public liability and property damage insurance, and
automotive public liability and property damage insurance with minimum policy limits in
the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar
amount of workers compensation coverage shall be as provided by Chapter 440,
Fla. Stat. The City shall be named as an additional insured on all of the above
insurance policies. Each insurance policy shall state that it is not cancelable without
written notice to the City 30 days prior to the effective date of cancellation.
3
7. ASSIGNMENT.
This Agreement shall not be assignable by the Consultant.
8. PROHIBITION AGAINST CONTINGENT FEES.
The Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant any fee, commission, pementage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement
unless approved by the Ciy Manager of the City of Aventura.
9. TERMINATION.
This Agreement may be terminated by the City upon ten days' written notice with
or without cause and by the Consultant upon 45 days' written notice with or without
cause. If this Agreement is terminated, the Consultant shall be paid for all acceptable
work performed up to the date of termination.
10. NONEXCLUSlVE AGREEMENT.
The services to be provided by the Consultant pursuant to this Agreement shall
be nonexclusive and nothing herein shall preclude the City from engaging other firms to
perform the same or similar services for the benefit of the City within the City's sole and
absolute discretion.
4
ENTIRE AGREEMENT.
The parties hereby agree that this is the entire agreement between the parties.
This Agreement cannot be amended or modified without the express written consent of
the parties.
12. WARRANTIES OF CONSULTANT.
The Consultant hereby warants and represents that at all times during the term
of this Agreement it shall maintain in good standing all required licenses, certifications
and permits required under federal, state and local laws necessary to perform the
Specified Services.
13. ATTORNEY'S FEES.
In connection with any litigation arising out of this Agreement, the City shall be
entitled to recover reasonable attorney's fees and costs. Consultant recognizes that
other covenants of this Agreement serve as consideration for this provision.
14. NOTICES.
All notices and communications to the City shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices
shall be addressed as follows:
Eric M. Soreka
City Manager
City of Aventura
2999 NE 191st Street Suite 500
Aventura, Florida 33180
CONSULTANT:
Carlos A. Penin, P.E., President
C.A.P. Engineering Consultants, Inc.
100 Miracle Mile Suite 300
Coral Gables, Florida 33134
15. GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of
Florida. Venue for any litigation hereunder shall be in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
CONSULTANT:
CITY:
C.A.P. Engineering Consultants, Inc.
100 Miracle Mile Suite 300
Coral Gables, Florida 33134
City of Aventura
2999 NE 191st Street #500
Aventura, Florida 33180
By:. By:
Carlos A. Penin, President
Eric M. Soroka, City Manager
Attest:
Attest:
Teresa M. Smith, CMC
City Clerk
Approved:
City Attorney
EXHIBIT "A"
Job Classifications: The following job classifications will be staffed with five (5)
certified persons:
A. Structural Plan Reviewer is certified by the Dade County Board of Rules
and Appeals. This Professional Engineer performs structural review of building permit
plans as mandated by the revised South Florida Building Code requirements.
B. Chief Building Inspector is certified by the Dade County Board of Rules
and Appeals. He performs all plans review and field inspection of structural, building,
A.D.A. and roofing components. As construction progresses, mandatory inspections
are performed per requirements of the South Florida Building Code. He is responsible
for supervising the inspection activities of all trades.
C. Mechanical, Plumbing and Electrical Officials are delegated power by
the Building Official (to be hired by the City) to enforce the South Florida Building Code
to interpret the Code requirements of their respective trades. They also serve as Plans
Examiners in reviewing permit applications and as Inspectors during construction in
their respective trades in which they are certified.
7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT
SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES;
AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of C.A.P. Engineering Consultants, Inc. be and the same
is hereby appointed to perform building inspection and plan review professional
consultant services on behalf of the City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and C.A.P. Engineering
Consultants, Inc., and whereby the City agrees to the negotiated scope of services and
fees.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
, who
, and
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit .~/er~
August 28, 1996
Ordinance Granting Non-Exclusive Franchise
Telecommunications, Inc.
to BellSouth
St ·
I Reading September 4, 1996 City Council Agenda Item /~- ~-.
2nd Reading September 17, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to BellSouth Telecommunications, Inc. for telephone services.
Background
As previously reported to the City Council, in the Revenue Source Availability and
Projections, the City is permitted to award franchises for telephone services utilizing the
City's rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for telephone service
franchises.
2. Grants a non-exclusive franchise to BellSouth Telecommunications, Inc.
3. Establishes the franchise fees and payment requirements in accordance with
state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0070-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises is
the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone equipment, including the necessary conduits,
cables, electrical conductors, fiber optics and digital technology fixtures upon, along, under
and over the public roads, streets, and rights-of-way of the City of Aventura, Florida as its
telephone and telegraph business may from time to time require
Section 2. Term and Limits of Franchise. This non-exclusive franchise is granted
for a period of fifteen (15) years and covers the following geographical area: The corporate
limits of the City of Aventura as set forth in the Charter of the City of Aventura, as amended
from time to time. Company agrees that the limits of the franchise are subject to expansion
or reduction by annexation and contraction of municipal boundaries and that the Company
has no vested right in a specific area.
Section 3. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's activities
under this franchise, the Company shall pay to the City annually a sum equal to one
percent (1% ) of the gross receipts of the Company on recurring local service revenues for
services provided within the corporate limits of the City. Impositions by the City, except ad
valorem taxes and amounts for assessments for special benefits such as sidewalks, street
paving, and similar improvements, will not be credited to or deducted from the franchise
fee. The annual payment shall be made to the City for each year that the permission
granted herein is in effect and shall be made to the City in four installments. The first,
second and third installments of the annual payment shall be based upon the gross
receipts for the first, second and third quarters, respectively, of the fiscal year and shall be
made no later than sixty (60) days following the end of these periods. The fourth installment
of the annual payment shall be made no later than sixty (60) days following the end of such
fiscal year, and shall be based upon such gross receipts for the fiscal year but shall be
adjusted to reflect payment of the first three installments. For purposes of this payment,
such fiscal year shall end on September 30. The first such payment shall be based upon
receipts for the quarter of July, August and September 1996, and shall be made on or
before October 31, 1996. Payments shall be payable to the City of Aventura, Attention:
Finance Support Services Department, during regular business hours of the City.
Section 4. Review of billinfl records. City may, at its option and at its expense,
and upon reasonable notice to the Company, at any time examine the records of operations
accounting files, and books and records as such records relate to the calculation of the
franchise fee payments to the City, as provided herein, and to proper performance of other
terms of this franchise. The examination of such books, accounts, records or other
materials necessary for determination of compliance with the terms, provisions and
requirements of this franchise shall be during regular hours of business of the Company
and at the corporate offices of the Company.
Section 5. Transferability. The Company shall not sell or transfer any portion of
its plant or system to another, nor transfer any rights under this franchise to another without
the City's prior written approval. The City Council will not unreasonably withhold its
consent of the transfer of Company's rights under this franchise. No such sale or transfer
shall be effective until the vendee, assignee or lessee has filed with the City, Attention: City
Manager, an instrument, duly executed, reciting the fact of such sale, assignment or lease,
accepting the terms of the franchise, and agreeing to perform all the conditions thereof.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in any
substantial respect with any of the provisions, terms, or requirements of this franchise shall
result in a forfeiture. Said forfeiture shall be effective upon a finding by a court of
competent jurisdiction that the Company has substantially breached any of the provisions,
terms or requirements of this franchise. Both the City and the Company reserve the right of
appeal of such court findings. If it is the non-prevailing party, the Company shall have six
3
(6) months after the final judicial determination of the question to make restitution or make
good the default or failure before forfeiture shall result. The City, at its discretion by and
through its City Administration, may grant additional time to the Company for restitution and
compliance as deemed appropriate by the City.
Section 7. Hold Harmless. The City shall in no way be liable or responsible for
any accident or damage which may occur due to the construction, location, relocation,
operation or maintenance by the Company of equipment and vehicles subject to the terms
and conditions of this franchise. The Company hereby agrees to indemnify the City and to
hold it harmless against any and all liability, loss, cost, damage or any expense connected
with the Company's exercise of the rights or privileges provided hereunder, including a
reasonable attorney's fee incurred in the defense of any type of court action related thereto,
which may accrue to the City by reason of the negligence, default, other misconduct, strict
liability or act or omission of the Company in its construction, location, relocation, operation
or maintenance of the facilities, vehicles, or equipment subject to this franchise. The
acceptance by the Company of this franchise shall be an agreement by it to pay any sum of
money for which the City may become liable from or by reason of such injury or damages.
Section 8. Underflround Installation. The Company shall endeavor to install
underground extensions of new telephone distribution lines that the Company has
determined are necessary or desirable.
Section 9. Excavation Maintenance and Restoration. The work under this
franchise shall be done subject to the supervision of the City. The Company shall replace
or properly relay and repair any sidewalk, street, lawn, landscaping or swale that may be
4
displaced by reason of such work. Whenever the Company shall cause any opening or
alteration to be made in any of the streets or public places within the franchise area for the
purpose of installing, maintaining, operating or repairing any equipment, such work shall be
completed at the Company's expense within a reasonable time and the Company shall
upon the completion of such work restore such portion of the streets or other public places
to as good or better condition as it was before the opening or alteration was so made and
will promptly remove any debris. Upon failure of the Company to perform said repair or
restoration, after twenty (20) days' notice provided in writing by the City to the Company,
the City may repair such portions of the sidewalk, street, lawn, landscaping or swale that
may have been disturbed by the Company and collect the cost so incurred from the
Company. The City shall promptly provide to the Company all permits, licenses and other
authorizations reasonably necessary for the purpose of installing, maintaining, operating
and repairing the system and facilities.
Section 10. Proper Operation. The fittings, appliances and appurtenances shall
be constructed in accordance with good engineering practices and so as not to
unreasonably interfere with the proper use and appearance of the streets, avenues, alleys,
ways, bridges, and public places in the franchise area and shall be maintained by the
Company in reasonably good condition and repair.
Section 11. Complaints. All complaints shall be resolved by the Company in
accordance with the Florida Public Service Commission rules and regulations.
Section 12. Surrender of Rights. As a further consideration for the granting of the
rights, privileges and franchises granted hereby, the Company surrenders all rights,
5
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the franchise
area; provided, however, that such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights, privileges and franchises
granted hereby shall be validly in force and effect.
Section 13. Successors and Assigns. Whenever in this Ordinance either the City
or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations herein
conferred shall bind and inure to the benefit of such successor, successors or assigns of
the City or the Company. This shall not waive any restrictions against assignments.
Section 14. City's Right to Re.qulate Use of Streets not Abrogated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 15. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 16. Reservation of Ri.qhts. The City hereby reserves any and all rights not
otherwise expressly prohibited by applicable law to exercise its authority to establish terms
and conditions including, but not limited to, fees and taxes, with respect to Company
construction, maintenance, operation or provision of any telecommunications equipment,
facilities or services within the City.
6
Section 17 Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section18. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on
Councilmember
follows:
second reading. This motion was seconded by
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
7
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of September, 1996.
day of September, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City(,l~.~
August 29, 1996
Purchase of Winn Dixie Site
September 4, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council authorize the approval of the attached letter
agreement for the pumhase of the Winn Dixie Site based on the sales price and terms
outlined in the letter. The final contract would be subject to City Council approval.
Background
As per the City Council's direction, I have negotiated for the purchase of the Winn Dixie
Site. The attached letter outlines the terms and conditions that are subject to City
Council approval.
The terms and conditions are as follows:
1. Sales price of $3,185,000;
2. Deposit of 5%;
3. Closing to take place within 60 days.
In order to fund the purchase, we would obtain shod term financing from a local
financial institution. Once the long term $10,000,000 revenue bond is placed, we will
refund the short term financing form the proceeds.
By purchasing this site, we are one step closer to realizing the City Council's goal of
creating a City park site for the enjoyment of the community.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0075-96
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 191~T STREET
SUITE 500
AVENTURA, FLORIDA 33 180
OFFICE OFTHE CITY MANAGER
August 29, 1996
Mr. Ivan S. Segal
President
Entrepreneurs, Inc.
2999 N.E. 191st Street #903
Aventura, Florida 33180
Re: Winn Dixie Site
Dear Mr. Segal:
This is a Letter of Intent for the site described as Parcel "O", located on the southeast
corner of W. Country Club Drive and the William Lehman Causeway in Aventura (Winn
Dixie Site). This letter shall embody the major business terms and price of our intent to
purchase the property.
Our intent would be to purchase all.cash for the price of $3,185,000. Closing would take
place within 60 days, subject to review of title by our attorney and acceptance of an
environmental report by our engineers.
Once the seller agrees to this price and the terms described herein, we would present this
letter to our City Council at our next meeting on September 4, 1996. The City Council has
already previously expressed its' interest in acquiring this parcel at its' workshop session.
Once this is approved by the City Council, we would immediately draft a contract for review
and submittal with a deposit of 5% of the purchase price.
This Letter of Intent does not constitute a final contract. Only an executed contract shall be
binding, except that once the seller agrees to this, the seller is not to solicit any other offers
and will make every attempt to finalize a contract with us until such negotiations have
ceased.
PHONE: 305: 466 - 8910.. FAX: 305 - 466 - 8939
Ivan S. Segal
August 29, 1996
Page 2
We would like the seller's immediate approval and acknowledgment of this offer provided
hereunder so that we may take it to the City Council with our request to proceed to contract.
Sincerely,
Accepted and ~,eed:
Winn Dix~. S~¢S, Inc.
By: ~t,' ',~
Name:
Title: ~£A~.
Formal approval subject to
approval from the Executive
Committee of Winn-Dixie
Stores, Inc. on or before
September 6, 1996.
CM0071-96
cc: City Council
City Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE ESTABLISHMENT OF THE CITY'S CODE ENFORCEMENT
PROCESS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CIVIL
OFFENSES AND PENALTIES; PROVIDING FOR QUALIFICATIONS OF
AND POWERS OF SPECIAL MASTERS; PROVIDING FOR THE CITY
ATTORNEY TO SERVE AS COUNSEL; PROVIDING FOR AUTHORITY
TO INITIATE ENFORCEMENT PROCEDURES; PROVIDING FOR
ENFORCEMENT PROCEDURES; PROVIDING FOR CONTENTS AND
SERVICE OF WARNINGS AND NOTICES; PROVIDING FOR RIGHTS OF
VIOLATORS; PROVIDING FOR SCHEDULING AND CONDUCT OF
HEARING; PROVIDING FOR CIVIL PENALTIES AND RECOVERY OF
UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF SPECIAL
MASTER'S ORDER; PROVIDING FOR SUPPLEMENTAL PROVISIONS;
PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; PROVIDING
FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPLACEMENT OF CODE
ENFORCEMENT PROVISIONS PROVIDED BY METRO DADE COUNTY
CODE SEC 8CC, ET. SEQ. AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council, upon the recommendation of the City Manager,
deems it necessary and a priority to expedite the establishment of the City's code
enforcement operations, and
WHEREAS, the City Council has determined that it is in the best interest of the
City to adopt an Ordinance outlining and implementing the Code Enforcement Process to
be utilized to achieve compliance and preserve the character of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. Code Enforcement Process. This Ordinance shall establish the
code enfomement process to be utilized by the City of Aventura. The City Manager or his
designee shall establish administrative procedures to implement the requirements of this
Ordinance.
Section 2. Definitions. The following words, terms and phrases, when used in
this Ordinance, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Code means collectively the City Code of Ordinances and applicable sections of
the County Code as made applicable to the City pursuant to section 8.03 of the City
Charter.
Code Enforcement or Compliance Officer means any authorized agent or
employee of the City whose duty it is to ensure compliance with the Code.
Continuing Violation means a violation which remains uncorrected beyond the
time period for correction contained in either the civil violation Notice or the final order of
the Special Master, whichever is applicable.
Manager means the City Manager.
Notice means a civil violation Notice issued to a Violator in accordance with the
provisions of this Ordinance.
Repeat Violation means a violation of a provision of the Code by a person whom
the Special Master has previously found to have violated the same provision of the
Code. A Repeat Violation can occur only after correction of the previous violation has
been made.
Shall. The word "shall" is always mandatory and not merely directory.
Special Master means a person appointed pursuant to Section 4.
Uncorrectable Violation means a violation which is irreparable or irreversible in
nature and which cannot be remedied after the violation has been committed because
the violation constitutes a single prohibited act rather than an ongoing condition or
circumstance.
Violator means that person responsible for a violation of the Code.
Warning means a written Warning issued to a Violator in accordance with the
provisions of this Ordinance.
Section 3. Civil offenses and penalties. A violation of the Code, as enforced
pursuant to this Ordinance, shall constitute a civil offense punishable by civil penalty in
the amount prescribed in Section 18, as may be modified in accordance with Section
13.
Section 4. Qualifications of Special Masters; appointment and removal;
compensation.
(a) Appointments of Special Masters shall be made by the City Manager as
needed on the basis of experience or interest in code enforcement. Such appointments
shall be submitted to the Council for ratification.
(b) Special Masters shall be residents of the City at least six months prior to
appointment and during service for the City, and shall possess outstanding reputations
for civic pride, interest, integrity, responsibility and business or professional ability.
(c) Appointments shall be made for a term of one year. Special Masters may be
reappointed at the discretion of the City Manager, subject to ratification by the Council.
(d) Special Masters shall not be City employees but may be compensated at a
rate to be determined by administrative order of the City Manager.
Section 5. Powers of Special Masters.
Special Masters shall have the power to:
(1) Adopt rules for the conduct of hearings.
(2)
Subpoena Violators and witnesses for hearings; subpoenas shall be
served by the City Police Department or by the City staff.
(3) Subpoena evidence to hearings.
(4) Take testimony under Oath.
(5)
Assess and order the payment of civil penalties as provided in this
Ordinance.
(6)
Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
Section 6. City Attorney to serve as counsel. The City Attorney shall
provide legal advice to the Special Masters. If an appeal is taken pursuant to Section15,
the City Attorney shall represent the City at such proceedings.
Section 7. Authority to initiate enforcement proceedings. Code
Enforcement Officers shall have the authority to initiate code enforcement proceedings
as provided in Section 8. Special Masters shall not have such authority.
Section 8. Enforcement procedures.
(a) A Code Enforcement Officer who finds a violation of the Code shall issue a
Warning to the Violator stating that the Violator has committed a violation of the Code
and shall specify a reasonable time period within which the Violator must correct the
violation. This determination shall be based on consideration of fairness; practicality;
ease of correction; ability to correct; severity of violation; nature, extent, and probability
of danger or damage to the public and promote, protect, and improve the health, safety
and welfare of the citizens; and other relevant factors relating to the reasonableness of
the time period prescribed.
3
(b) If, upon personal investigation, a Code Enforcement Officer finds that the
Violator has not corrected the violation within the time period specified in the Warning,
the Code Inspector shall issue a Notice to the Violator stating that the Violator has
committed a violation of the Code and shall determine a reasonable time period within
which the Violator must correct this violation.
(c) If, upon personal investigation, a Code Enforcement Officer finds that the
Violator has not corrected the violation within the time period specified in the Notice, the
Code Enforcement Officer shall notify the City Manager or his designee in writing and
may request a hearing.
(d) If the Code Enforcement Officer has reason to believe a violation presents a
serious threat to the public health, safety or welfare, or if the violation is an
Uncorrectable Violation, the Code Enforcement Officer need not give the Violator a
Warning and may issue a Notice requiring immediate correction of the violation. The
Code Enforcement Officer shall make a reasonable effort to notify the Violator and may
immediately notify the City Manager or his designee and request a hearing.
(e) If a Code Enforcement Officer finds a Repeat Violation, the Code
Enforcement Officer shall issue a Notice to the Violator but is not required to give a
reasonable time to correct the violation. The Code Enforcement Officer, upon notifying
the Violator of a Repeat Violation, shall notify the City Manager or his designee and
request a hearing.
Section 9. Contents and service of Warnin.q.
(a) A Warning shall include the following:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the Warning.
(3) Name and address of the Violator.
(4) The section of the Code that has been violated.
(5)
Brief description of the nature of the violation, including location, date and
time of violation.
(6) Amount of the civil penalty for which the Violator may be liable.
(7) Time within which the violation must be corrected,
(8)
Statement that the failure to correct the violation by the time period
indicated in the Warning will result in the issuance of a Notice.
4
(b) Service of the Warning to the Violator shall be effected by hand delivery to
the Violator; by leaving the Warning at the Violator's usual place of residence with any
person residing therein who is 15 years of age or older and informing such person of
the contents of the Warning; by certified mail, return receipt requested, to the Violator's
usual place of residence; or by posting the Warning in a conspicuous place on the
premises or real property upon which the violation was observed. The posting of the
Warning shall be deemed proper service, and the time for compliance stated in the
Warning shall commence with the date of such posting.
Section 10. Contents and service of Notice.
(a) A Notice shall include:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer issuing the Notice.
(3) Name and address of the Violator.
(4) The section of the Code that has been violated.
(5)
Brief description of the nature of the violation, including location, date and
time of violation.
(6) Amount of the civil penalty for which the Violator may be liable.
(7)
Instructions and date for paying the civil penalty or for filing a request for
an administrative hearing before a Special Master to appeal the civil
penalty.
(8) Time within which the violation must be corrected.
(9)
A statement that each day of continued violation after the time period for
correction has run shall be deemed a Continuing Violation subject to an
additional penalty in the same amount without the need for additional
Notices.
(10) A statement that the filing of a request for an administrative hearing will
toll the accrual of Continuing Violation penalties.
(11)
A statement that failure to request an administrative hearing within 20
days after service of the Notice shall constitute a waiver of the Violator's
right to an administrative hearing before the Special Master, and that such
waiver shall constitute an admission of the violation, and that in such
case, judgment may be entered against the Violator for the amount of the
civil penalty.
(12) A statement that the Violator may be liable for the reasonable
administrative hearing costs should he be found guilty.
(b) Service of the Notice to the Violator shall be effected by hand delivery to the
Violator; by leaving the Notice at the Violator's usual place of residence with any person
residing therein who is 15 years of age or older and informing such person of the
contents of the Notice; by certified mail, return receipt requested, to the Violator's usual
place of residence; or by posting the Notice in a conspicuous place on the premises or
real property upon which the violation was observed. The posting of the Notice shall be
deemed proper service, and the time for compliance stated in the Notice shall
commence with the date of such posting.
Section 11. Rights of Violators; payment of fine; ri.qht to appeal; failure to
pay and correct or to appeal. '
(a) A Violator who has been served with a Notice shall elect either to:
(1) Pay the civil penalty in the manner and within the time indicated on the
Notice and correct the violation within the time specified on the Notice; or
(2) Request an administrative hearing before a Special Master to appeal the
decision of the Code Enforcement Officer which resulted in the issuance
of the Notice.
(b) An appeal of the Notice shall be accomplished by filing a request in writing to
the address indicated on the Notice, not later than 20 calendar days after the service of
the Notice.
(c) If the named Violator, after Notice, fails to pay the civil penalty and correct the
violation within the time specified, or to timely request an administrative hearing before
a Special Master, the Special Master shall be informed of such failure by report from the
Code Enforcement Officer. Such report shall be by affidavit of the Code Enforcement
Officer. Failure of the named Violator to appeal the decision of the Code Enforcement
Officer within the prescribed time period shall constitute a waiver of the Violator's right
to administrative hearing before the Special Master. A waiver of the right to
administrative hearing shall be treated as an admission of the violation, and penalties
may be assessed accordingly.
.Section 12. Scheduling and conduct of hearing
(a) Upon receipt of a named Violator's timely request for an administrative
hearing or a written hearing request from the Code Enforcement Officer as provided for
in Section 8, the City Manager or his designee shall set the matter down for hearing on
the next regularly scheduled hearing date or as soon thereafter as practicable.
6
(b) The City Manager or his designee shall send a notice of hearing by first class
mail to the named Violator at his last known address. The notice of hearing shall
include but not be limited to the following:
(1) Name of the Code Enforcement Officer who issued the Notice.
(2) Factual description of the alleged violation.
(3) Date of the alleged violation.
(4) Section of the Code allegedly violated.
(5) Place, date and time of the hearing.
(6) Notice of the right of the Violator to be represented by an attorney.
(7)
Right of the Violator to present evidence and witnesses, and to cross
examine witnesses.
(8)
Notice that failure of the Violator to attend the hearing may result in civil
penalty and administrative hearing costs being assessed.
(9)
Notice that requests for continuances will not be considered if not
received by the Special Master at least ten calendar days prior to the date
set for the hearing.
(c) The City Manager or his designee shall call hearings on a monthly basis or
upon the request of the Code Enforcement Officer. No hearing shall be set sooner than
20 calendar days from the date of service of the Notice.
(d) A hearing date shall not be postponed or continued unless a request for
continuance, showing good cause for such continuance, is received in writing by the
Special Master at least ten calendar days prior to the date set for the hearing.
(e) All hearings of the Special Master shall be open to the public. All testimony
shall be under Oath. Assuming proper notice, a hearing may proceed in the absence of
the named Violator.
(f) The proceedings at the hearing shall be recorded and may be transcribed at
the expense of the party requesting the transcript.
(g) The City Clerk shall provide clerical and administrative support as may be
reasonably required by each Special Master for the proper performance of his duties.
(h) Each case before a Special Master shall be presented by the City Manager or
his designee.
7
(i) The hearing need not be conducted in accordance with the formal rules
relating to evidence and witnesses, but fundamental due process shall be observed and
shall govern the proceedings. Any relevant evidence shall be admitted if the Special
Master finds it competent and reliable, regardless of the existence of any common law
or statutory rule to the contrary.
(j) Each party shall have the right to call and examine witnesses; to introduce
exhibits; to cross examine opposing witnesses on any matter relevant to the issues
even though that matter was not covered in the direct examination; to impeach any
witness regardless of which party first called that witness to testify; and to offer rebuttal
of the evidence.
(k) The Special Master shall make findings of fact and conclusions of law based
on evidence of record. In order to make a finding upholding the Code Enforcement
Qfficer's decision, the Special Master must find that a preponderance of the evidence
indicates that the named Violator was responsible for the violation of the relevant
section of the Code.
(I) The time for correction given by the Code Enforcement Officer to the named
Violator and contained in the Notice is rebuttably presumed to have been a reasonable
time for correction. Upon presentation of relevant evidence by the named Violator that
the time for correction was not reasonable; however, the Special Master may make a
redetermination as to reasonableness of the time for correction contained in the Notice.
The Special Master may not make a determination that the time given for correction in
the Notice was unreasonable unless the time given for correction has not yet run at the
time the Special Master makes his decision. If the Special Master determines that the
time given for correction was insufficient, the penalty for a Continuing Violation shall be
calculated from the date determined by the Special Master to be a reasonable date for
correction.
(m) If the named Violator is found guilty of the violation, he may be held liable for
the reasonable cost of the administrative hearing, at the discretion of the Special
Master.
(n) The fact-finding determination of the Special Master shall be limited to
whether the violation alleged did occur, and, if so, whether the person named in the
Notice may be held responsible for that violation. Based upon this fact-finding
determination, the Special Master shall either affirm or reverse the decision of the Code
Enforcement Officer. The Special Master may also modify the decision of the Code
Enforcement Officer as to the time for correction contained in the Notice, subject to the
provisions of subsection (I) of this section. If the Special Master reverses the decision of
the Code Enforcement Officer and finds the named Violator not responsible for the
Code violation alleged in the Notice, the named Violator shall not be liable for the
payment of any civil penalty, absent reversal of the Special Master's findings pursuant
to Section 15.
8
(o) A decision of the Special Master affirming the decision of the Code
Enforcement Officer shall include the following elements:
(1) Amount of civil penalty.
(2) - Administrative costs of hearing.
(3)
Date by which the violation must be corrected to prevent resumption of
Continuing Violation penalties, if applicable.
(p) A Special Master shall postpone a hearing if the named Violator, prior to the
scheduled hearing date, files with the duly authorized City board of appropriate
jurisdiction, if any, an administrative appeal concerning the interpretation or application
of the Code provisions upon which the alleged violation was based. This postponement
provision shall not apply to political sign violations. However, once an issue has been
determined by a Special Master in a specific case, that issue may not be further
reviewed by a City board in that specific case.
(q) Upon exhaustion of a timely filed administrative appeal and finalization of the
administrative order by the duly authorized City board of appropriate jurisdiction, the
Special Master may exercise all powers given to him by this Ordinance. The Special
Master shall not, however, exercise any jurisdiction over such alleged Code violations
until the time allowed for court appeal of the ruling of such board has lapsed or until
such further appeal has been exhausted.
(r) The Special Master shall be bound by the interpretations and decisions of
duly authorized City boards concerning the provisions of the Code within their
respective jurisdictions. If such a board decides that an alleged violation of the Code is
not in accordance with such board's interpretation of the Code provision on which the
violation is based, the Special Master shall not be empowered to proceed with the
enforcement of the violation.
Section 13. Civil penalties and related terms construed.
(a) Penalties for violations of the provisions to be enforced through this
Ordinance shall be in the amounts prescribed in the schedule of civil penalties
contained in Section 18.
(b) For each day of a Continuing Violation, an additional penalty in the same
amount as that prescribed for in the original violation shall be added.
(c) For the first Repeat Violation, the amount of the civil penalty shall be double
the amount of penalty prescribed for the original violation by Section 18. The amount of
civil penalty due for each subsequent Repeat Violation shall be double the amount of
penalty due for the first day of the immediately preceding violation; provided, that the
9
maximum penalty payable for the first day of any one Repeat Violation shall be
$500.00.
(d) A Repeat Violation which remains uncorrected beyond the time prescribed for
correction in the Notice shall be treated as a Continuing Violation, and the additional
penalty for each day of continued violation shall be double the amount due for the first
day of the Repeat Violation.
(e) Continuing Violation penalties shall accrue from the date of correction given
in the Notice until the correction is made or until a request for administrative hearing is
filed, whichever comes first. If the named Violator requests an administrative hearing
and loses his appeal, the Special Master shall determine a reasonable time period
within which correction of the violation must be made, based on the considerations set
forth in Section 8(a). If correction is not made within the period set by the Special
Master, Continuing Violation penalties shall begin to accrue again after the time for
correction has run.
(f) Civil penalties assessed pursuant to this Ordinance are due and payable to
the City on the last day of the period allowed for the filing of an appeal from the Special
Master's decision, or, if a proper appeal is made, when the appeal has been finally
decided adversely to the named Violator.
Section14. Recovery of unpaid civil penalties; unpaid penalty to
constitute a lien; foreclosure.
(a) The City may institute proceedings in a court of competent jurisdiction to
compel payment of civil penalties.
(b) A certified copy of an order imposing a civil penalty may be recorded in the
public records and thereafter shall constitute a lien against the property on which the
violation exists and upon any other real or personal property owned by the Violator;
upon petition to the circuit court, such order may be enforced in the same manner as a
court judgment by the sheriffs of this State, including levy against the personal property,
but such order shall not be deemed to be a court judgment except for enforcement
purposes. A civil penalty imposed pursuant to this Ordinance shall continue to accrue
until the Violator complies or until judgment is rendered in a suit to foreclose on a lien
filed pursuant to this Ordinance, whichever occurs first. After three months from the
date of filing of any such lien which remains unpaid, the City may foreclose or otherwise
execute on the lien.
(c) No lien provided under this Ordinance shall continue for a period longer than
20 years after the certified copy of an order imposing a fine has been recorded, unless
within that time an action to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest
and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The
continuation of the lien effected by the commencement of the action shall not be good
10
against creditors or subsequent purchasers for valuable consideration without notice,
unless a notice of lis pendens is recorded.
Section. 15. Appeals of Special Master's order.
(a) An aggrieved party, including the City, may appeal a final order of a Special
Master to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be
limited to appellate review of the record created before the Special Master. An appeal
shall be filed within 30 calendar days of the issuance of the order sought to be
overturned. Failure to make such appeal within the prescribed 30-day period shall
render the findings of the Special Master conclusive, binding and final.
(b) Unless the findings of the Special Master are overturned in a proceeding held
pursuant to subsection (a) of this section, findings of the Special Master shall be
admissible in any proceeding to collect ~npaid penalties.
(c) No aggrieved party other than the City may apply to the Court for relief unless
such party has first exhausted the remedies provided for in this Ordinance and has
taken all available steps provided in this Ordinance. It is the intention of the City that all
steps provided by this Ordinance shall be taken before any application is made to the
Court for relief; and no application shall be made by any aggrieved party other than the
City to a court for relief except from an order issued by a Special Master pursuant to
this Ordinance. it is the intention of the City that, notwithstanding anything in this
Ordinance to the contrary, the City shall retain all rights and remedies otherwise
available to it to secure compliance with or prevent violations of the Code. For purposes
of an appeal, the City Clerk shall make available, for public inspection and copying, the
record upon which each final order of a Special Master is based. The City Clerk shall
make a reasonable charge commensurate with the cost for the preparation of the
official record on appeal and transmittal thereof to the Circuit Court and for making
certified copies of any record or portion thereof.
Section 16. Ordinance provisions are supplemental. Nothing contained in
this Ordinance shall prohibit the City from enforcing its Code by any other means. The
enforcement procedures outlined in this Ordinance are cumulative to all others and
shall not be deemed to be prerequisites to filing suit for the enforcement of any section
of this Code.
Section 17. Additional enforcement powers. In addition to the powers and
authority given to the Special Masters for the City pursuant to this Ordinance, the City
may, in its discretion, exercise any powers given to municipalities or their Special
Masters by F.S. ch. 162, as amended.
Section 18. Schedule of civil penalties.
(a) The following table outlines the sections of the Code, as they may be
11
amended from time to time, which may be enforced pursuant to the provisions of this
Ordinance, and the dollar amount of civil penalty for the violation of these sections as
they may be amended. Each "Description of Violation" below is for informational
purposes only and is not meant to limit or define the nature of the violation or the
subject matter of the listed Code sections. To determine the exact nature of the activity
proscribed or required by the Code, the relevant Code section must be examined.
(b) The following is the schedule of civil penalties.
ICode
Section
Description
of Violation
Civil
Penalty
(RESERVED)
(c) For violations of any section of this Code for which a specific penalty is not
prescribed in this section, a penalty shall be imposed which shall not exceed $250.00
per day for a first violation and shall not exceed $500.00 per day for a Repeat Violation.
For the purposes of Continuing Violations, each day shall constitute a separate
violation.
Section 19. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 20. Replacing County Code Provisions~ Pursuant to City Charter Sec.
8.03, the provisions of Sec. 8CC, Et. Seq. Of the County Code are hereby replaced by
this ordinance. This shall not impair any prosecutions which are pending under Sec.
8CC.
Section21. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
12
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert,who moved
its adoption on first reading. This motion was seconded by Councilmember Cohen, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember , and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Coun¢ilmember Jay Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20~ day of August, 1996.
PASSED AND ADOPTED on second reading this day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
13
LEIBOWITZ & ASSOCIATES, P.A.
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
TELECOPIER (305) 530-94I 7
SUITE 200
2000 L. STREET~ N.W.
WASHINGTON, D,C, 20036
August 14, 1996
Via Federal Express
Eric Soroka
City of Aventura, FL
2999 N.E. t9tst Street, Suite 500
Aventura, FL 33180
Dear Eric:
Enclosed please find the initial draft of the City of Aventura Interim Cable Television
Ordinance and Cable Television Franchise Application. The revised draft reflects all comments
received from both you and Attorney Wolpin with the exception of the reference to the maximum
term of a franchise. I have not included the limitation on the term in the Interim Ordinance 'although
this issue will clearly appear in the final Ordinance. The purpose of the Interim Ordinance is to
grant only short term rights to operate a cable system, therefore, I would suggest that the ultimate
term of a franchise not be an issue for potential applicants to negotiate at this point in time.
Please call me to discuss how the City wishes to move forward with this matter.
Sincerely,
Ila L. Feld
Enclosure
cc;
/hZ
David Wolpin, Esq. (w/enclosure)
City Attorney
RECEIVED
AUG 5
OFFICE OF THE
CITY MANAGER
MATTHEW L. LE
,JOSEPH A. BI
#AJ)~4ITT£D TO PENNSYLVANIA
LEIBOWITZ ~,~ ASSOCIATES, P.A.
August 5, 1996
Via Feder~
Eric Soroka
City of Aventura, FL
2999 N.E. 191st Street, Suite 500
Aventura, FL 33180
Dear Eric:
Enclosed please find the initial draft of the City of Aventura Interim Cable Television
Ordinance and Cable Television Franchise Application. As previously discussed, the primary
purposes of the Interim Ordinance are to: (1) allow the City of Aventura to begin collecting
revenues from cable operators using the City's rights of way on an expedited basis; (2) provide
procedures for applications for cable television franchises; and (3) provide the City with certain
protections with respect to insurance, indemnification and bonding.
After both you and the City Attorney have had the opportunity to review the document, we
· ~ suggest moving forward with adoption of the Ordinance as quickly as possible to allow the
"f revenues at the earliest possible date.
' to discuss this matter at your convenience.
Sincerely,
_Section 14.
Section 15.
RECEIVED
AUG 0 6 1996
ORqC~ OF TH£
~ MANAGER
DRAFT DATE: 08/14/96
CITY OF AVENTURA, FLORIDA
INTERIM ORDINANCE
TABLE OF CONTENTS
Section
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Page
Short Title ........................................................ 2
Creation of Ordinance No ......................................... 2
Definitions ....................................................... 2
Intent and Purposes ............................................... 10
Grant of authority; franchise required ................................. 11
Franchise characteristics ........................................... 12
Subject to other laws, police power ................................... 14
Applications for grant of franchise. 14
Grant of franchise ................................................ 16
Franchise fee .................................................... 18
Customer service requirements ....................................... 21
Use of Streets .................................................... 34
Insurance; Indemnification; Security Fund ............................. 37
Rates.
Administration ................................................... 39
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24
Force Majeure ................................................... 39
Applicability .................................................... 40
Violations of Ordinance ............................................ 40
Municipal cable system ownership authorized ........................... 41
Reservation of rights .............................................. 41
Repeal of Conflicting Ordinances ................................... 42
Savings ......................................................... 42
Severability ..................................................... 42
Effective Date ................................................... 42
CITY OF AVENTURA, FLORIDA
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THE INTERIM TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION SYSTEMS AND
THE APPLICATION, PROCEDURES AND REQUIREMENTS
RELATING TO THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR
THAT IN ANY MANNER WHATSOEVER USE THE CITY'S
PUBLIC RIGHTS OF WAYS AND TO ENSURE THAT USE OF
THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC
INTEREST AND IN CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND
EFFECTIVE DATE.
WHEREAS, effective with the adoption of the Charter of the City of Aventura (the
"Charter") on November 7, 1995 , the City of Aventura, Florida was created as a municipal
corporation pursuant to the Constitution of the State of Florida and the Home Rule Charter of
Metropolitan Dade County; and
WHEREAS, the City Council has determined it is in the public interest of the City of
Aventura to permit the operation of one or more cable television systems in the City; and
WHEREAS, one or more cable operators are occupying the City's public fights of ways and
operating cable systems pursuant to licenses granted by Metropolitan Dade County; and
WHEREAS, pursuant to Chapter 8AA-16 of the Code of Metropolitan Dade County, cable
operators operating in unincorporated areas of the County pay to the county a fee of 5% of the gross
revenues and operators in the incorporated areas pay to the County a fee of 3%; and
WHEREAS, under federal law, the maximum franchise fee that may be imposed on a cable
operator is 5% of the operator's gross revenues; and
WHEREAS, the City of Aventura, as now incorporated, is entitled to collect the maximum
fee permitted by applicable law less only that amount due to Dade County; and
WHEREAS, it is the intent of the City of Aventura to exercise its authority as a local
franchising authority to the fullest extent allowed by law; and
WHEREAS, pursuant to Section 621 of the Communications Act of 1934, as amended, 47
U.S.C. § 541, a cable operator may not provide cable service without obtaining a franchise from the
franchising authority; and
WHEREAS, pursuant to Section 4.03 of the Charter, the City Council shall take action to
grant, renew, or extend a franchise only by Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1.. Short Title.
This Ordinance shall be known and may be cited as City of Aventura, Florida Interim Cable
Television Ordinance.
Section 2. Creation of Ordinance No.
Ordinance No. of the City of Aventura, Florida, is hereby created to read as follows:
Section 3. Definitions.
For the purpose of this Ordinance and any application made pursuant hereto, the following
terms, phrases, words and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include the future, words in the plural
number include the singular number, and words in the singular number include the plural number.
The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined
herein or in any franchise agreement that might be granted hereunder shall be given the meaning
set forth in the Communications Act of 1934, 47 U.S.C. § 521 et se~l., and the Telecommunications
Act of 1996, and as those Acts have and may hereinafter be amended (collectively the
"Communications Act"), and, if not defined therein, their common and ordinary meaning.
A. "Activated Channel" means those channels engineered at the headend of a cable
system for the provision of services generally available to residential subscribers of the cable
system, regardless of whether such services actually are provided, including any channel designated
for public, educational, or governmental use. Channels on which signals flow in the direction from
the headend to the subscriber are referred to as "downstream channels". Where the signal flows to
the headend for re-distribution, it shall be referred to as an "upstream channel".
B. "Access channel" means any channel on a cable system set aside without charge by
the cable operator for public, educational and/or local governmental use.
C. "Affiliate" means any person which directly or indirectly owns or controls a grantee
or Franchisee, any person which a grantee or Franchisee directly or indirectly owns or which it
controls, or any person under common ownership or control with a Grantee or Franchisee.
"Applicant" means any person submitting an application within the meaning of this
Ordinance.
E.
"Application" means any proposal, submission or request to (1) operate a cable
system within the City; (2) construct and install a cable system within the City; (3) transfer a
franchise or control of the Franchisee; (4) renew a franchise; (5) modify a franchise; or (6) seek any
other relief from the City pursuant to this Ordinance, a franchise agreement, the Communications
Act, or other applicable law. An application includes an applicant's initial proposal, submission or
request, as well as any and all subsequent amendments or supplements to the proposal and relevant
correspondence.
F. "Basic Cable Service" or Basic Service" means any service tier which includes the
retransmission of local television broadcast signals, and public, educational, or governmental access
channels.
G. "Business Day" or "Working Day" shall mean any Monday through Saturday, 52
weeks per year.
H. "Communications Act" means the Communications Act of 1934, 47 U.S.C. § 151
e_[t seq., as that Act has and may hereinafter be amended.
I. "Cable operator" means any person who operates or otherwise controls a cable
system within the City.
J. "Cable service" means the transmission of video or other programming services
over a cable system to subscribers together with any subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming services.
K. "Cable system," "cable television system," or "system," means any facility
consisting of a set of closed transmission paths or other transmission lines or forms of terrestrial
transmission and associated signal generation, reception and control equipment that is designed to
provide cable service which includes video programming and which is provided to multiple
subscribers within the City. Such term does not include (a) a facility that serves only to retransmit
the television signals of one (1) or more television broadcast stations; (b) a facility that serves
subscribers without using any public right of way; (c) a facility of a common carrier that is subject,
in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. § 201
et seq., except that such facility will be considered a cable system to the extent it is used in the
transmission of video programming directly to subscribers, unless the extent of such use is solely
to provide interactive on demand services; (d) an open video system that complies with Section 653
of the Telecommunications Act of 1996; or (e) any facilities of any electric utility used solely for
operating its electric utility systems. The foregoing definition of "cable system" shall not be deemed
to cimumscribe the valid authority of the City to regulate the activities of any other communications
system or provider of communications services, including but not limited to telephony and open
video systems.
L. "City"means the City of Aventura, a municipal corporation of the State of Florida,
in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated
form.
M. "Control of a Franchisee, grantee or applicant" means possession of the ability
to direct or cause the direction of the management or policies of a Franchisee, grantee or applicant,
or the operation of a Franchisee's system, either directly or indirectly, whether through ownership
of voting securities, by contract or understanding, or in any other manner.
N. "County" means Metropolitan Dade County.
O. "Fair market value" means the price that a willing buyer would pay to a willing
seller for a going concern but with no value allocated to the franchise itselfi
P. "FCC" means the Federal Communications Commission, or any successor
governmental entity thereto.
Q. "Franchise" means the right granted by the City to a Franchisee in a franchise
agreement to construct, maintain and operate a cable system under, on, and over Streets, roads and
any other public ways, fights-of-ways, or easements within all or specified areas of the City. The
term does not include any license or permit that may be required by this Ordinance or other laws,
ordinances or regulations of the City for the privilege of transacting and carrying on a business
within the City or for disturbing or carrying out any work on any Street.
R. "Franchise agreement" means a contract entered into in accordance with the
provisions of this or any applicable Ordinance between the City and a Franchisee that sets forth
the terms and conditions under which the franchise will be exercised.
S. "Franchisee" means any person granted a franchise pursuant to this or any
applicable Ordinance of the City who has entered into a franchise agreement with the City.
T. "Grantee" means any person granted the fight to operate a cable system pursuant
to this or any applicable Ordinance, but who has not yet entered into a franchise agreement with
the City.
U. "Gross revenues" means all revenues recognized in accordance with Generally
Accepted Accounting Procedures (GAAP) directly or indirectly by the Franchisee and, any
affiliates, subsidiaries or parent of the Franchisee from any source whatsoever arising from,
attributable to, or in any way derived from the operation of the cable system in the City. Gross
revenues includes, but is not limited to, fees charged subscribers for basic service; fees charged
subscribers for any optional, premium, per-channel or per-program service; fees charged subscribers
for any tier of service other than basic service; installation, disconnection, reconnection and
change-in-service fees; late fees; leased access fees; fees, payments or other consideration from
programmers for carriage of programming on the system; revenue from converter, remote, modem
or any other equipment rentals or sales; revenues from studio and studio equipment rental; revenues
from leases of cable or fiber optic lines and other transmission devices and equipment; revenues
from transmission of data; revenues from consumer products including but not limited to cable
guides; advertising revenues allocable to the City based on a percentage of subscriber base in the
City divided by the subscriber base of the system. Such percentage will then be multiplied by the
systems' total advertising revenue to determine the allocable gross revenue stemming from
advertising; revenues from home shopping channels or other sources allocable to the City, provided
that where certain home shopping channel or other such revenue is allocable to more than one
franchise area due to common zip codes, the franchise will allocate the percentage of revenue to the
City which is equivalent to the percentage of the City's population divided by the total population
for the allocable franchise areas in question; and the sale, exchange or cablecast by the Franchisee
of any programming developed on or for access channels or institutional users. Gross revenues shall
be the basis for computing the franchise fee imposed pursuant to Section 10 hereof. Gross revenues
shall not include any taxes on services furnished by the Franchisee which are imposed upon any
subscriber or user by the State, County, City or other governmental unit and collected by the
Franchisee on behalf of said governmental unit and which the Franchisee passes on in full to the
applicable tax authority or authorities (provided, however, that the Franchise fee shall not be
considered such a tax unless and until applicable law as determined by a final non-appealable
decision by a court of competent jurisdiction prohibits franchise fees from being included within
Gross Revenues or unless a franchise agreement expressly excludes franchise fees from the
calculation of gross revenues).
V. "Institutional Network" means a voice, data and/or video communications system
constructed, operated and/or maintained by the Franchisee for the City, the transmissions on which
are generally available only to, and intended to be sent and received by, persons other than cable
subscribers generally.
W. "Interconneetion" means the electronic connection of two or more cable systems
for the purpose of sharing programming or other services.
X. "Law" means all duly enacted and applicable federal, state, county and City laws,
ordinances, codes, rules, regulations and orders.
Y. "Leased access channel" means a channel designated in accordance with Section
612 of the Communications Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with
the Franchisee.
Z. "Overbuild"means a cable system constructed to serve subscribers in an area of the
City served by an existing cable system.
AA. "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, but shall not mean the City.
BB. "Service Tier" means a category of cable service provided by a Franchisee and for
which a separate charge is made by the Franchisee.
CC. "State of the Art" shall mean that technology or those services made available on
an operational, non-experimental basis to subscribers in any community in the State of Florida by
a franchisee or to any community with a population equivalent to or smaller than that of the City
of Aventura by a) any system controlled by a parent, affiliate or subsidiary of franchisee within the
United States or b) any Multiple System Operator operating a cable system in the State of Florida.
DD. "Street or Streets" means the surface, the air space above the surface and the area
below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway,
thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court,
lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place,
including public utility easements dedicated for compatible uses, or any other property in which the
City holds any kind of property interest or over which the City exercises any type of lawful control,
and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily
necessary and pertinent to construct and operate a cable system.
EE. "Subscriber" means any person who lawfully receives cable service delivered over
the cable system.
FF. "Subscriber base" means the total number of residential and commercial subscribers
within the City. For purposes of calculating subscribers under bulk or multi-user contracts, the
Franchisee shall count each unit included within a contract for service as one subscriber.
Franchisee shall not use any equivalency measures including calculation based on market rate.
GG. "System malfunction" means any cable system equipment, facility or signal failure
or malfunction that results in the loss of satisfactory service on one or more channels to one or more
subscribers. A malfunction is major if it affects ten (10) or more subscribers.
HH. "Transfer of a franchise" means any transaction in which (1) an ownership or other
interest in a Franchisee or its cable system is transferred from one person or group of persons to
another person or group of persons so that control of a Franchisee is transferred; or (2) the rights
and/or obligations held by a Franchisee under a franchise agreement are transferred or assigned to
another person, group of persons or business entity.
II. "Two-way capability" means the incorporation into a cable system of all
appropriate design and engineering characteristics and features so that two-way interactive
transmission, including but not limited to addressability, over the system can be implemented and
activated.
JJ. "Video channel or 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,
including the associated audio signal, as television channel is defined by the FCC by regulation or
otherwise.
Section 4. Intent a~.
A. It is the intent of the City of Aventura to adopt a comprehensive cable television
ordinance to provide for the regulation of cable television franchises. However, pending adoption
of the comprehensive regulatory Ordinance it is the intent of the City and the purpose of this Interim
Ordinance to provide the terms and conditions pursuant to which cable systems shall be granted the
right to operate within the City and to set forth the procedures for the application and award of
franchises.
B. It is the intent of the City and the purpose of this Interim Ordinance to promote the
public health, safety, and general welfare by providing an application procedure for the grant of one
or more franchises for the operation and/or construction of a cable system within the City; to
provide for the regulation to the extent permitted by applicable law, of each cable system within the
City in the public interest; to provide for the payment of fees and other valuable consideration by
cable operators to the City for the use of Streets by its cable system; to promote the widespread
10
availability of quality cable service to City residents and businesses, the City, and other public
institutions; to encourage the development of cable and other communications technologies and
cable systems as a means of communication between and among members of the public, City
businesses, the City, and other public institutions; to promote competitive cable rates and services;
to promote the safe and efficient use of City Streets; to enhance and maximize the communicative
potential of Streets used by cable systems; and to encourage the provision of a diversity of
information sources to City residents, businesses, the community, the City, and other public
institutions by cable technology.
C. Recognizing the continuing development of communications technology and uses,
it is the policy of the City to encourage competition, experimentation and innovation in the
development of cable system uses, services, programming and techniques that will be of general
benefit to the community to the extent consistent with applicable laws.
Section 5. Grant of authority; franchise required.
A. The City may grant one or more franchises in accordance with this Ordinance.
B. No person may operate or construct a cable system or any other communications
transmission facilities over, on, or under public streets in the City without a franchise granted by
the City unless otherwise authorized by law, and no person may be granted a franchise without
having entered into a franchise agreement with the City pursuant to this Ordinance or other such
Ordinance of the City as shall be applicable.
C. Any person operating a system within the City of Aventura, Florida pursuant to a
license granted by Metropolitan Dade County, pursuant to Chapter 8AA of the Code of
Metropolitan Dade County, shall be granted the right to continue to operate said system in those
areas being served prior to the effective date of the incorporation of the City of Aventura, prior to
entering into a franchise agreement with the City, provided that the grantee, (i) effective with the
date of the adoption of this Ordinance, the operator shall pay to the City of Aventura as
compensation for use of the public rights of ways, the maximum franchise fee permitted by law less
only that amount due to Dade County; (ii) no later than 30 days after the effective date of this
Ordinance, the operator shall file with the City, evidence of insurance coverage, a Certificate of
indemnification, and shall post a security deposit pursuant to the requirements of Section 13 herein;
(iii) no later than 30 days after the effective date of this ordinance, the grantee shall submit to the
City an application for the grant of a cable television franchise in the form required by Section 8
herein; (iv) no later than 90 days after the effective date of this ordinance, the grantee shall conform
to all customer service standards required by Section 11 herein; and (v) no later than 90 days after
the City's adoption of a comprehensive Cable Television Regulatory Ordinance, the grantee shall
have obtained a cable television franchise from the City.
D. Unless otherwise authorized by law, any fight granted pursuant to this Ordinance
is solely for the provision of cable service and shall not be construed to authorize the provision of
telephone, non-cable video or other telecommunications service. However, any person including
but not limited to grantee shall, unless otherwise prohibited by applicable law, submit an application
to the City for the privilege of providing other telecommunications services including, but not
limited to telephone service and/or non-cable video programming services.
Section 6. Franchise characteristics.
A. A franchise authorizes use of City Streets for installing cables, wires, lines, optical
fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary
2[2
and pertinent to operate a cable system within a specified area of the City, but does not expressly
or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines,
underground conduit, or any other equipment or facilities upon private property without owner
consent (except for use of compatible easements pursuant to Section 621 of the Communications
Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate
agreement with the owners.
B. A franchise is nonexclusive, and will not expressly or implicitly preclude the
issuance of other franchises to operate cable systems within the City, or affect the City's right to
authorize use of City Streets to other persons to operate cable systems or for other purposes as it
determines appropriate.
C. The City reserves the right to reasonably designate where a Franchisee's facilities are
to be placed within the Streets.
D. A franchise shall be a privilege which is in the public trust. No transfer of a
franchise shall occur without the prior consent of the City and unless application is made by the
Franchisee and City approval obtained pursuant to this or any applicable Ordinance of the City.
E. A Franchise granted to an applicant pursuant to an application submitted pursuant
this Ordinance to construct, operate and maintain a cable television system within a specified
Franchise Territory, shall be deemed to constitute both a right and an obligation on the part of the
Franchisee to provide the services and facilities of a cable television system as required by the
provisions of applicable Ordinances, of the City of Aventura, and the Franchise. The Franchise
Agreement shall incorporate by reference all of the provisions of the Franchisee's application for
the Franchise that is finally negotiated and agreed upon by the City and the Franchisee; and, all
13
relevant representations made by the Franchisee in its application and/or public hearings before the
City Council shall be deemed to be material and made for the purpose of inducing the City to grant
the Franchise in the form accepted.
F. Notwithstanding anything to the contrary, in the event that an applicant granted a
cable television franchise, its parent, affiliate or subsidiary elects to offer to subscribers video
programming services through any means or method not included within the definition of a cable
system, including but not limited to an "open video system", Franchisee shall remain subject to all
terms and conditions of the cable television Franchise granted by the City. Moreover, the City
reserves the right to require a Franchisee offering service over an open video system to maintain
such separate books and records as may be required by the City from time to time to the extent not
inconsistent with applicable FCC rules and regulations.
Section 7. Sub. iect to other laws, police power.
A. Any person operating a cable system in the City shall, at all times, be subject to and
shall comply with all applicable Federal, State and local laws, rules and regulations, and shall at all
times be subject to all lawful exercise of the police power of the City.
B. Subject to applicable law, except as may be specifically provided in this Ordinance
or under the terms of a franchise agreement and subject to the Communications Act, the failure of
the City, upon one or more occasions, to exercise a right or to require compliance or performance
under this Ordinance, a franchise agreement or a license granted by the County shall not be deemed
to constitute a waiver.of such right or a waiver of compliance or performance.
Section 8. Applications for erant of franchise.
A. A written application shall be filed with the City for the grant of a cable television
3-4
franchise.
B. To be acceptable for filing, a signed original of the application shall be submitted
together with five (5) copies, be accompanied by the required non-refundable application filing fee
in the amount of $7,500, conform to any application forms, applicable request for proposals, and
contain all reasonably required information. The purpose of the filing fee is to defray a portion of
the City's cost in processing an application. The filing fee is therefore intended to be a charge
incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2) (D)
of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the franchise
fee imposed in a franchise agreement. All applications shall include the names and addresses of
persons authorized to act on behalf of the applicant with respect to the application.
All applications accepted for filing shall be made available by the City for public
inspection.
D.
Ari application for the grant of a franchise shall be submitted by any person operating
a cable system in the City on the effective date hereof.
E. An application for the grant of a new franchise may be filed pursuant to a request for
proposals issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited
application, may issue a request for proposals. If the City elects to issue a request for proposals
upon receipt of an unsolicited application, the applicant may submit an amended application in
response to the request for proposals, or may inform the City that its unsolicited application should
be considered in response to the request for proposals, or may withdraw its unsolicited application.
An application which does not conform to the reasonable requirements of a request for proposals
may be considered nonresponsive and denied on that basis.
15
F. An application for the grant of an initial franchise shall contain, at minimum, the
information required in the "City of Aventura Cable Television Franchise Application" attached
hereto as Exhibit A.
Section 9.
Grant of franchise.
A. In evaluating an application for franchise, City shall consider among other things the
The economic impact upon private property within the franchise area;
Public need for such franchise, if any;
The capacity of public rights of way to accommodate the cable system;
The present and future use of the public's rights of way to be used by the
following factors:
1.
2.
3.
4.
cable system;
5.
The potential disruption to existing users of the public's rights of way to be
used by the cable system and the resulting inconvenience which may occur to the public
6. The legal, technical and financial ability of the franchise applicant to perform;
Other societal interests as are generally considered in cable television
franchising; and
8.
Such other additional matters, both procedural and substantive, as the City
may in its sole discretion determine to be relevant, including but not limited to the extent to which
the proposal of the applicant will meet the anticipated cable related needs and interests of the
community and serve the public interest. Evaluation by the City shall not be based on the content
of the programming the applicant proposes to provide.
B. The City may make the grant of a franchise conditioned upon the completion of
16
construction within a reasonably proscribed time or upon the performance and fulfillment of specific
terms, which are to be set forth in the franchise agreement specifying that failure to comply with the
conditions will cause the franchise to become null and void without further action by the City.
C. The City shall hold a public hearing to consider an application or applications. The
applicant(s) shall be notified of the heating and shall be given an opportunity to be heard. Based
upon the application(s), the testimony presented at the public heating, any recommendations of the
City Manager or staff, and any other information relevant to the application(s), the City shall decide
by Resolution whether to grant or deny a franchise application(s) and decide the terms and
conditions of any franchise(s) granted. Upon the grant ora franchise, the franchisee's application
shall become an integral part of said franchise, and the grantee shall be bound by the representations
therein made.
D. If the City grants a franchise application, the City and the grantee shall agree on the
terms of a franchise agreement within forty-five (45) calendar days from the date of the City
Ordinance making the grant. This period may be extended for good cause by the City. If agreement
is not reached with the City within forty-five (45) calendar days from the date of the City Resolution
making the grant, or if the period is not extended by the City, the franchise grant will be null and
void without further action by the City. The City may, at its option, grant franchisee a short term
extension(s) until a franchise agreement is reached. The grant of such a short term extension(s) will
not confer on franchisee the right to an automatic acceptance, transfer, modification or renewal.
E. Following at least ten (10) days prior notice to the Grantee and the public, the City
Commission may hold a public heating at which it will receive comment on the proposed franchise
agreement.
17
F. After complying with the above requirements, the City Council shall approve or
disapprove the propose franchise agreement by Resolution, or may direct that it be subject to further
negotiation.
G. The grant of franchise may be subject to a processing fee in an amount not to exceed
the reasonable and justifiable out-of-pocket costs incurred by the City in considering the application,
including but not limited to consulting, advertising and legal costs, less the amount of the filing fee
set pursuant to Section 8. Within thirty (30) calendar days from the date of the Resolution
approving or denying the franchise agreement by the City Council, the City shall notify the
Franchisee of the amount of any processing fee and its method of calculation. If the processing fee
is not paid to the City within sixty (60) calendar days of the date of the City Council Resolution
approving or denying the franchise agreement, any approval granted by such Resolution will be null
and void. This processing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a franchise within the meaning of Section 622 (g)(2)(D) of the Cable Acct, 47 U.S.C.
§ 542 (g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement
and shall not be passed through to subscribers.
Section 10. Franchise fee.
A. Grantee, or any person operating a cable system pending issuance of a franchise by
the City, as compensation for the privilege of the use of the City's streets to construct and/or operate
a cable system, shall pay to the City a franchise fee in an amount up to a maximum of either (1) five
percent (5%) of the Grantee's gross revenues derived directly or indirectly from the operation of its
cable system within the City during the term of its franchise; or (2) in the event the Communications
Act or other applicable law is amended to permit the City to assess a franchise fee of a greater
18
amount than that specified in (1) above, the Grantee agrees to pay to the City the new amount.
B. Grantee's payment of the franchise fee to the City shall be reduced only by that
amount the Grantee is expressly required to pay to Dade County pursuant to any applicable cable
license, franchise or ordinance of the County. Notwithstanding anything to the contrary, Grantee
shall pay to the City the full amount of all fees to which it is entitled pursuant to this Ordinance on
revenues not expressly included in the definition of "gross revenues", pursuant to Dade County
Ordinance (No. 90-73) with no reduction for payments to the County.
C. A Grantee shall pay the franchise fee due to the City on a quarterly basis. Payment
for each quarter shall be made to the City not later than thirty (30) calendar days after the end of
each calendar quarter.
D. A Grantee shall file with the City, on a quarterly basis with the payment of the
franchise fee, a financial statement setting forth the computation of gross revenues used to calculate
the franchise fee for the preceding quarter and a detailed explanation of the method of computation.
The statement shall be certified by a certified public accountant or the Grantee's chief financial or
other duly authorized officer. The Grantee will bear the cost of the preparation of such financial
statements.
E.
Subject to applicable law, no acceptance by the City of any franchise fee payment
shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such
acceptance of payment be construed as a release of any claim the City may have for additional sums
payable.
F. The franchise fee payment is not a payment in lieu of any other tax, fee or
assessment.
G. The City may, from time to time, and upon reasonable notice, inspect, copy and audit
any and all books and records of the Grantee relevant to the determination of gross revenues and
the computation of franchise fees due, and may recompute any amounts determined to be payable
under the franchise. The cost of the audit will be borne by the Grantee if, as a result of the audit,
the City determines that the Grantee has underpaid the franchise fees owed in an amount equal to
or exceeding two percent (2%) of the franchise fees actually paid. A Grantee shall make all books
and records necessary to satisfactorily perform the audit readily available to the auditors in Dade
County, for inspection and copying or in the alternative, Grantee shall pay all costs necessary for
the City to perform the audit at a location outside of Dade County.
H. In the event that a franchise fee payment is not received by the City on or before the
due date set forth in subsection B above, or is underpaid, the Grantee will pay a late charge of
eighteen (18%) percent of the amount of the unpaid or underpaid franchise fee payment, provided
however, that such rate does not exceed the maximum amount allowed under Florida law. Any
interest and/or late charges paid by Grantee is intended to be a charge incidental to the enforcing
of a franchise within the meaning of Section 622 (g)(2)(D) of the Communications Act, 47 U.S.C.
§ 542 (g)(2)(D), and may not be deducted from the franchise fee imposed by this Ordinance or any
franchise agreement.
I. When a grant or franchise terminates for whatever reason, the Grantee or Franchisee
shall file with the City within ninety (90) calendar days of the date its operations in the City cease
a financial statement, certified by a certified public accountant or the Grantee's chief financial
officer, showing the gross revenues received by the Grantee since the end of the previous fiscal year.
Adjustments will be made at that time for franchise fees due to the date that the Grantee's operations
20
ceased.
Section 11. Customer service requirements.
A. Any person operating a cable system shall maintain ail parts of its system in good
condition and in accordance with standards generally observed by the cable television industry.
Sufficient employees shall be retained to provide safe, adequate, and prompt service for ail of its
customers and facilities.
B. A Grantee or Franchisee shall maintain at least one conveniently located business
office and service center within the City limits to which subscribers may telephone without
incurring added message units or toll charges. This business office shall be open at minimum from
8:00 a.m. to 6:00 p.m., Monday through Friday, and some weekend and evening hours. Further,
Grantee shall locate, construct, design, staff, operate and maintain said office(s) so as to provide all
subscribers, including but not limited to those subscribers who may be elderly, handicapped or
otherwise impaired, with a customer friendly environment. The office shall make available for all
customers 1) parking within reasonable proximity of the office and 2) sufficient covered waiting
areas and adequate seating capacity.
C. Grantee 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 Grantee on a full-time
basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable,
qualified Grantee representatives will be available to respond to customer telephone inquiries,
twenty-four (24) hours per day, seven (7) days per week including holidays.
D. Grantee shall answer ail customer service and repair telephone calls made under
23_
normal operating conditions within thirty (30) seconds, including walt time and within an additional
thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3)
percent of the time. These standards shall be met no less than ninety (90) percent of the time under
normal operating conditions, measured on a quarterly basis.
E. A Grantee 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 service installations, undertake normal
repairs, 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 more than 2 subscribers served from the same
nearest active electronic device, such as an amplifier or node, call with the same complaint.
F. Grantee must meet each of the following standards no less than ninety-five (95)
percent of the time under normal operating conditions as measured on a quarterly basis:
1. Standard installation work shall be performed within seven (7) calendar days
after an order has been placed except in those instances where a subscriber specifically requests an
installation date beyond the seven (7) calendar day period. "Standard" installations are up to one
hundred and twenty-five (125) feet from the existing distribution system. If scheduled installation
is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of
the Grantee the same day. Evening personnel shall also attempt to call subscribers at their homes
between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee
of the Grantee shall telephone the subscriber the next day;
22
2. Grantee will respond to service interruptions promptly and in no event later
than twenty-four (24) hours after the interruption becomes known. Other service problems will be
responded to promptly and in no event later than forty-eight (48) hours after the problem becomes
known. All service interruptions, and service problems within the control of grantee, will be
corrected within seventy-two (72) hours after receipt of a complaint;
3. The appointment window altematives made available for installations, service
calls, repairs, and other installation activities will be either a specific time, a four-hour time block
during normal business hours, or at the election and discretion of the subscriber, "all day";
4. Grantee may not cancel an appointment with a subscriber after the close of
business on the business day prior to the scheduled appointment; and
5. If at any time an installer or technician is running late for a scheduled
appointment, an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
G. Installation work shall be prioritized as follows:
1. Service change and rescheduling of appointments for existing subscribers;
2. Installation of service for new subscribers;
3. Disconnection of service for existing subscribers.
Subscribers who have experienced two (2) missed installation or service appointments due to the
fault of Grantee 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 not less than twenty dollars ($20.00).
23
H. Disconnection.
1. Voluntary Disconnection.
(a) A subscriber may terminate service at any time.
(b) A Grantee shall promptly disconnect any subscriber who so requests
from the Grantee's cable system. No period of notice prior to voluntary termination of service may
be required of subscribers by any Grantee. So long as the subscriber returns equipment within three
(3) business days of the disconnection, no charge may be imposed by any Grantee for such
voluntary disconnection, or for any cable services delivered after the date of disconnect request.
(c) A subscriber may be asked, but not required, to disconnect the
Grantee's equipment and return it to the business office.
(d) Any security deposit and/or other funds due the subscriber shall be
refunded on disconnected accounts after the converter has been recovered by the Grantee. The
refund process shall take a maximum of thirty (30) days from the date disconnection was completed
to the date the customer receives the refund.
2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber
or other fee or charge, the Grantee may disconnect the subscriber's service outlet; however, such
disconnection shall not be effected until 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 within thirty-five (35) days of the due date and
after notice of disconnection has been given, the Grantee 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 Grantee shall promptly reinstate service.
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3. Nothing in this Ordinance shall be construed to prevent the Grantee from
removing its property from a subscriber's premises upon the termination of service consistent with
FCC roles and regulations and any other applicable law. At the subscriber's request, a Grantee shall
remove all of its facilities and equipment from the subscriber's premises within thirty (30) calendar
days of the subscriber's 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.
I. Grantee shall intentionally interrupt service only for good cause and for the shortest
time possible. Grantee shall use its best efforts to insure 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.
Grantee shall maintain a written log for all intentional service interruptions.
J. Grantee shall notify the City Manager immediately if a service interruption affects
fifty or more subscribers for a time period greater than four hours.
K. Grantee shall cause all its field employees to wear a picture identification badge
indicating their employment by Grantee. This badge shall be clearly visible to the public.
L. A Grantee 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 and equipment malfunction, which procedures shall be subject to the review and approval
by the City Manager. A subscriber or City resident who has not been satisfied by following the
Grantee's procedures may file a written complaint with the City Manager, who will investigate the
matter and, in consultation with the Grantee as appropriate, attempt to resolve the matter. A
25
Grantee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in
a fair and equitable manner will be considered in connection with the Grantee's renewal application.
Grantee shall maintain a complete list of ail complaints not resolved within seven (7) days of receipt
and the measures taken to resolve them. This list shall be compiled in a form to be approved by the
City Manager. It shall be compiled on a monthly basis. The list for each caiendar month shall be
supplied to the City Manager no later than the 15th day of the next month. Grantee shall also
maintain a list of all complaints received, which list will be available to the City.
M. Grantee shall permit the City designee to inspect and test the system's technical
equipment and facilities upon reasonable notice not to be less than forty-eight (48) hours.
N. Grantee shall abide by the following requirements governing communications with
customers, bills and refunds:
1. Each Grantee 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)
(b)
(c)
(d)
(e)
How to use the cable service;
Installation and service maintenance policies;
The products and services offered;
Prices and service options;
Channel positions of programming carried on the system;
The Grantee's procedures for the receipt and resolution of customer
complaints, the Grantee's address and telephone number to which complaints may be reported, and
the hours of operation;
26
(g) The telephone number and address of the City's office and the
County's office designated to handle cable television complaints and inquiries shall be printed on
the back of the bill;
(h) The availability of a "lock-out" device;
(i) The Grantee's information, collection, and disclosure policies for the
protection of a subscriber's privacy.
2. In addition, each Grantee shall provide written notice in its monthly billing,
at the request of the City, of any City meeting regarding requests or applications by the Grantee for
renewal, transfer or modification of its license or change in service, rates or charges to subscribers.
The City shall make such a request in writing, no less than forty-five (45) days prior to the mailing
of any billing by Grantee. Said notices shall be made at Grantee's expense and said expense shall
not be considered part of the franchise fee assessed pursuant to this Ordinance and shall not be
regarded as a franchise fee, as the term is defined in Section 622 of the Communications Act, 47
U.S.C. Section 542.
3.
4.
Grantee's bills will be clear, concise and understandable.
Refund checks will be issued promptly, but no later than the earlier of thirty
(30) days or the customer's next billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the Grantee if service is terminated.
5. Credits for service will be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
6. A Grantee shall provide subscribers, the City Manager, and the City Council
with at least thirty (30) days advance written notice of any changes in rates, charges, channel lineup,
27
or initiations or discontinuations or changes of service or services offered over the cable system.
O. A Grantee shall provide a pro-rated 24-hour credit to the subscriber's account for any
period of four hours or more within a 24-hour period during which a subscriber experienced an
outage of service or substantial impairment of service, whether due to a system malfunction or other
cause.
P. Billing.
1. The Grantee's first billing statement after a new installation or service change
shall be pro-rated as appropriate and shall reflect any security deposit.
2. The Grantee's billing statement must be fully itemized, with itemizations
including, but not limited to, basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including optional charges, rebates and
credits.
3. The Grantee's billing statement 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. The charge will appear
on the following month's billing statement.
(a) Any administrative charge applied to unpaid bills shall be subject to
regulation by the City consistent with applicable law.
(b) Subscribers shall not be charged an administrative fee, a late fee or
otherwise penalized for any failure by the Grantee, its employees, or contractors, including failure
to timely or correctly bill the subscriber, or failure to properiy credit the subscriber for a payment
timely made.
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4. The Grantee must notify the subscriber that he or she can remit payment in
person at the Grantee's office in the City and inform the subscriber of the address of that office.
Q. A Grantee may not substantially alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) without the express permission of such
subscriber, unless it complies with this subsection.
1. If a Grantee 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 Grantee 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 combination of services offered by the Grantee.
2. Except provided herein, 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 he or she wishes to receive.
R. Grantee shall certify in writing to the City on January 1 and July 1 of each year based
upon internal due diligence by the Grantee that to the best of Grantee's knowledge it is in substantial
compliance with the standards set forth in this Section 11. At the request of the City, the Grantee
shall submit such documentation, as may be required, to demonstrate Grantee's compliance with this
Section 11. This documentation shall be submitted within forty five (45) days of the Grantee's
receipt of the City's request.
S. Responsibility for the administration of this Ordinance and any franchise granted
hereunder and for the resolution of all complaints against a Grantee regarding the quality of service,
29
equipment malfunctions, and related matters, including the authority to order refunds or fees, is
hereby delegated to the City Manager, which is empowered, among other things, to settle, or
compromise any controversy arising from operations of the Grantee, either on behalf of the City,
the Grantee or any subscriber, in accordance with the best interests of the public. In cases where
requests for service have been ignored or in cases where the service provided is unsatisfactory for
whatever reason, the City Manager shall have the power to require the Grantee to provide service
if in the opinion of the City Manager such request for service is reasonable. Provided, that any
person aggrieved by a decision of the City Manager, including the Grantee, may appeal the matter
to the City Council for hearing and determination. The City Council may accept, reject or modify
the decision of the City Manager. No adjustment, settlement, or compromise, whether instituted by
the City Manager or by the City Council shall be contrary to the provisions of this Ordinance or any
franchise agreement issued pursuant to this Ordinance, and neither the City Manager nor the City
Council, in the adjustment, settlement, or compromise of any controversy shall have the right or
authority to add to, modify or delete any provision of this Ordinance or of the Grantee.
T. 1. In addition to the powers delegated in subsection 11 above, the City Manager
shall have the authority to order refunds from a Grantee to individual cable television subscribers
who have submitted a written complaint to the City and to assess fines against a Grantee for any
violation of this Ordinance or any franchise issued pursuant to this Ordinance, which fines will be
paid to the City.
2. In ordering refunds to cable television subscribers, the City Manager shall
be governed by the schedule set out below in which the refund indicated is expressed as a
percentage of the subscriber's monthly bill. The refunds listed are to be made on a per violation
30
basis with each day of a continuing violation constituting a separate violation. The refund ordered
by the City Manager pursuant to this Section 11 shall not exceed 100 percent of a subscriber's
monthly bill, unless a violation has continued at least 30 days from the date first reported to the
Grantee.
SCHEDULE OF REFUNDS TO SUBSCRIBERS
Single Violation of:
Maximum Refund
(a) Failure to comply with 10%
Section 11(B), hereof
(b) Failure to comply with the telephone 10%
availability requirements of
Section 11(C) and 1 i(D), hereof
(c) Failure to comply with the repair 50%
and installation requirements of
Section 11(F), hereof.
3. In assessing fines against a Grantee, the City Manager shall be governed by
the schedule set out below. The fines listed are to be assessed on a per violation basis with each day
of a continuing violation constituting a separate violation.
31
SCHEDULE OF FINES
SINGLE VIOLATION OF:
(a) Section A, hereofi
(b) Section B, hereof.
(c) Section C, hereof.
(d) Section D, hereofi
(e) Section E and F, hereofi
(f) Section G and H, hereof.
(g) Section I, hereof.
(h) Section J, hereof.
(i) Section K, hereofi
(j) Section L, hereof.
(k) Section M, hereof.
(1) Section N(1)(a)-(i), hereofi
(m) Section N(2), hereof.
(n) Section N(3)-N(6), hereof.
(o) Section O, hereof.
(p) Section P and Q, hereof.
(q) Section R, hereof.
4.
MAXIMUM FINES
$100.00
$300.00
$3OO.OO
$300.OO
$300.00
$100.00
$500.00
$200.O0
$100.00
$500.O0
$500.00
$i00.00
$500.00
$200.00
$500.00
$300.00
$50O.00
Prior to ordering a refund and/or assessing a fine, the City Manager shall mail
the Grantee written notice by certified or registered mail of the proposed refund and/or fine,
32
specifying the violation at issue. The Grantee shall have thirty (30) days from the date of receipt
of the written notice to file a written response to the City Manager's notice. Grantee's written
response shall be signed by management level personnel of Grantee and all statements contained
therein will be regarded as material representations to the City.
5. Prior to ordering a refund and/or assessing a fine, the City Manager shall
consider any justification or mitigating factor advanced in Grantee's written response, including but
not limited to rebates or credits to the subscriber or a cure of the violation. The City Manager may,
after consideration of the response of the Grantee, waive or reduce any proposed refund or fine.
6. Subsequent to the notice of proposed refund and/or fine to Franchisee and
consideration of the Grantee's response, if any, the City Manager may issue an assessment of refund
or fine. The refund and/or f'me shall be paid within thiity (30) days of written notice to the Grantee.
This refund and/or fine shall constitute liquidated damages to the subscriber and City for the
violation and the City may enforce payment of the refund or fine in any court having jurisdiction.
It is the intent of the City to determine fines/refunds as a reasonable estimate of the damages
suffered by the City and/or its subscribers, whether actual or potential, and may include without
limitation, increased costs of administration and other damages difficult to measure.
7. Grantee may appeal any decision of the City Manager directly to the City
Council within thirty (30) days of notice of the decision to the Grantee.
8. Any person who intentionally files a false complaint against a Grantee shall
be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent
violation.
9. Intentional misrepresentation by a Grantee in any response to a notice of
33
proposed refund and/or fine shall be grounds for license revocation.
U. In addition to complying with the customer service standards set forth in this
Ordinance or in any franchise issued pursuant to this Ordinance, a Grantee shall comply with all
customer service standards applicable to cable systems of the FCC and any other applicable federai,
state or county law concerning customer service standards, consumer protection, and unfair or
deceptive trade practices.
V. The City expressly reserves the right to consider violations of the customer service
requirements by a grantee in deciding whether to enter into a franchise agreement.
Section 12. Use of Streets.
A. Any pavements, sidewalks, curbing or other paved area taken up or any excavations
made by a Grantee shall be done under the supervision and direction of the City under permits
issued for work by the proper officials of the City, and shall be done in such manner as to give the
least inconvenience to the inhabitants of the City. A Grantee shall, at its own cost and expense, and
in a manner approved by the City, replace and restore any such pavements, sidewalks, curbing or
other paved areas in as good a condition as before the work involving such disturbance was done,
and shail aiso prepare, maintain and provide to the City Manager or his designee, full and complete
plats, maps and records showing the exact locations of its facilities located within the public Streets,
ways, and easements of the City. These maps shall be available in any form requested by the City
Manager or his designee.
B. Except to the extent required by law, a Grantee shall, at its expense, protect, support,
temporarily disconnect, relocate, or remove, any of its property when required by the City by reason
34
of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of
Street grade, installation or sewers, drains, water pipes, power lines, signal lines, tracks, or any other
type of municipal or public utility improvements; provided, however, that the Grantee shall, in all
such cases, have the privilege of abandoning any property in place.
C. A Grantee shall, on the request of any person holding a building moving permit
issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The
expense of such temporary removal or raising or lowering of wires shall be paid by the person
requesting same, and the Grantee shall have the authority to require such payment in advance,
except in the case where the requesting person is the City, in which case no such payment shall be
required. The Grantee shall be given not less than five calendar (5) days advance notice to arrange
for such temporary wire changes.
D. A Grantee shall upon notice to the City of not less than 7 days, have the authority
to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the
branches of such trees from coming in contact with the wires, cables and other equipment of the
Grantee, except that, at the option of the City, such trimming may be done by it or under its
supervision and direction at the expense of the Grantee.
E. A Grantee shall use, with the owner's permission, existing underground conduits (if
applicable) or overhead utility facilities whenever feasible. Copies of agreements between a
Grantee and third party for use of conduits or other facilities shall be filed with the City provided
that the Grantee shall have the right to redact proprietary and confidential information in such
agreements as it pertains to financial arrangements between the parties.
F. All wires, cable lines, and other transmission lines, equipment and structures shall
35
be installed and located to cause minimum interference with the rights and convenience of property
owners. The City may issue such roles and regulations concerning the installation and maintenance
of a cable system installed in, on, or over the Streets, as may be consistent with this Ordinance and
the franchise agreement.
G. All safety practices required by law shall be used during construction, maintenance
and repair of a cable system. A Grantee shall not place facilities, equipment or fixtures where they
will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or
hinder in any manner the various utilities serving the residents of the City of their use of any Street
or any other public right of way.
H. A Grantee shall, at all times:
1. Install and maintain its wires, cables, fixtures and other equipment in
accordance with the requirements of the City's Building Code and Electrical Safety Ordinances and
any other applicable Building or Electrical Safety Code, and in such manner that they will not
interfere with any installations of the City.
2. Keep and maintain in a safe, suitable, substantial condition, and in good order
and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets,
sidewalks, alleys, and public ways or places of the City, wherever situated or located.
I. On Streets where electrical or telephone utility wiring is located underground, either
at the time of initial construction of a cable system or at any time thereafter, a Grantee's cable shall
also be located underground at the Grantee's expense. Between a Street and a subscriber's residence,
a Grantee's cable must be located underground if both electrical and telephone utility wiring are
located underground. The City shall encourage, to the extent feasible, that the public utility and the
Grantee cooperate in opening up trenches and making such trenches available to all parties with the
understanding that the costs of opening and refilling of such trenches would be shared equally by
all users of such trenches. Grantee shall at all times comply with the requirements of the Trench
Safety Act.
J. In the event the use of any part of a cable system is discontinued for any reason for
a continuous period of twelve (12) months, or in the event such system or property has been
installed in any Street without complying with the requirements of this Ordinance or a franchise
agreement, or the franchise has been terminated, canceled or expired, the Grantee, within thirty (30)
days after written notice by the City, shall commence removal from the Streets of all such property
as the City may require.
K. The City may extend the time for the removal of Grantee's equipment and facilities
for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and
facilities may be deemed abandoned.
L. In the event of such removal or abandonment, the Grantee shall restore the area to
as good a condition as prior to such removal or abandonment.
Section 13. Insurancel Indemnification; Securlt¥ Fund
A. Any person operating a cable system within the City shall, no later than 30 days after
the effective date of this Ordinance, provide evidence of the following in a form acceptable to the
City Manager:
1. Liability insurance coverage insuring the operator naming the City as an
additional insured in an amount not less than:
(a) $500,000 for property damage in any one accident;
37
(b) $500,000 for personal bodily injury to any one person; and
(c) $1 Million for personal bodily injury in any one accident
2. Worker's compensation and employee liability insurance meeting all
requirements of Florida law.
B. A statement signed by the operator wherein the operator, at it's sole cost and expense
shall indenmify, hold harmless, and defend the City, it's officials, Boards, Council members, agents
and employees, against any and all claims, causes of actions, proceedings, judgments for damages
or equitable relief and costs and expenses arising out of the construction, maintenance or operation
of its cable system or other occupancy of the City's public rights of way.
C. Any person operating a system within the City shall post with the City a security
deposit in a form acceptable to the City to ensure the operator's performance of and compliance
with all provisions of this Ordinance in an amount that the City determines is necessary to protect
the public and to provide adequate incentives to the operator to comply with this Ordinance and to
enable the City to effectively enforce compliance therewith.
Section 14. Rates.
A. Nothing in this Ordinance shall prohibit the City from regulating rates for cable
services to the full extent permitted by law.
B. Any rate or charge established for cable television service, equipment, repair and
installation shall be reasonable to the public. Upon written request from the City or its agent,
Grantee shall provide all requested data, records and documentation to show the reasonableness of
the rates.
38
Section 15. Administration.
A. The City Manager, either directly or through a duly appointed designee, shall have
the responsibility for overseeing the day-to-day administration of this Ordinance and franchise
agreements. The City Manager shall be empowered to take all administrative actions on behalf of
the City, except for those actions specified in this Ordinance that are reserved to the City Council.
The City Manager may recommend that the Council take certain actions with respect to the
franchise. The City Manager shall keep the Council apprised of developments in cable and provide
the Council with assistance, advice and recommendations as appropriate.
B. The City Council shall have the sole authority to grant franchises, authorize the
entering into of franchise agreements, modify franchise agreements, renew or deny renewal of
franchises, revoke franchises, authorize the transfer of a franchise, and regulate rates for cable
services.
Section 16. Force Majeure.
In the event a Grantee's performance of or compliance with any of the provisions of this
Ordinance or the Grantee's franchise agreement is prevented by a cause or event not within the
Grantee's control, such inability to perform or comply shall be deemed excused and no penalties or
sanctions shall be imposed as a result thereof, provided, however, that Grantee uses all practicable
means to expeditiously cure or correct any such inability to perform or comply. For purposes of this
Ordinance and any franchise agreement granted or renewed hereunder, causes or events not within
a Grantee's control shall include, without limitation, acts of God, floods, earthquakes, landslides,
hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances,
sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or
events within Grantee's control, and thus not falling within this section, shall include, without
limitation, Grantee's financial inability to perform or comply, economic hardship, and misfeasance,
malfeasance or nonfeasance by any of Grantee's directors, officers, employees, contractors or
agents.
Section 17. Applicability.
A. This Ordinance shall be applicable to all cable systems now existing in the City on
the date hereof and to all applicants for cable franchises.
B. Any person shall notify the City in writing within thirty (30) calendar days of the
passage of this Ordinance, or any subsequent amendment thereof, of:
1. any provision which it believes should not be applicable to it.
2. the reason for each such claim of non-applicability.
C. Failure to notify the City as provided in subsection (B) of this Section shall constitute
a waiver of any right to object.
Section 18. Violations of Ordinance.
A. Whenever the City finds that a person has allegedly violated any provision of this
Ordinance, not otherwise described in Section 11 herein, such person shall have fifteen (15) days
subsequent to receipt of notice to correct the violation. If after 15 days, the recipient has failed to
correct the alleged violation, the City shall determine if the person has committed a violation and
shall make written findings of fact. If a violation is found, the person shall pay to the City Five
Hundred Dollars ($500) per day, or any part thereof for each day each violation occurs or continues.
The City reserves the right to withdraw said payments from the security fund upon 3 days written
notice to grantee. It is the intent of the City to impose the above discussed fines as a reasonable
4o
estimate of the damages suffered by the City and/or its subscribers, whether actual or potential, and
may include without limitation, increased costs of administration and other damages difficult to
measure.
B.
The City hereby reserves any and all rights to require that a person remove its
equipment and facilities from the City's public rights of way where the City has determined and
issued a written decision finding that the damages suffered by the City or its residents can not be
remedied by any reasonable means other than by termination or revocation of a person's rights to
use the City's rights of ways.
Section 19. Municipal cable system ownership authorized.
A. To the full extent permitted by law, the City may acquire, construct, own, and/or
operate a cable system.
B. Nothing in this Ordinance shall be construed to limit in any way the ability or
authority of the City to acquire, construct, own, and/or operate a cable system to the full extent
permitted by law.
Section 20. Reservation of rights.
A. The City reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. Any additional regulations adopted by the City shall be incorporated into this
Ordinance and complied with by all Grantees and Franchisees within thirty (30) days of the date
of adoption of such additional regulations.
C. The City reserves the right to exercise the power of eminent domain to acquire the
property of Grantee's cable system, consistent with applicable federal and state law.
43_
Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the City's exercise
of eminent domain except to the extent provided by applicable law.
D. The City shall at all times have the right, upon reasonable notice and during normal
business hours, to examine and copy a Grantee's records and to inspect a Grantee's facilities to the
extent needed to monitor a Grantee's compliance with and performance under this Ordinance and
the Grantee's franchise agreement.
Section 21. Repeal of Conflicting Ordinances.
That ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 22. Savings.
All rates, fees, charges and financial obligations previously accrued pursuant to the
ordinances and resolutions repealed pursuant to Section 19 above shall continue to be due and
owing until paid.
Section 23. Severability.
If any part, section, subsection, or other portion of this Ordinance or any application thereof
to any person or cimumstance is declared void, unconstitutional or invalid for any reason, such part,
section, subsection, or other portion, or the prescribed application thereof, shall be severable, and
the remaining provisions of this Ordinance, and all applications thereof not having been declared
void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no
invalid or proscribed provision or application was an inducement to the enactment of this Ordinance,
and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or
application.
Section 24. Effective Date.
This Ordinance shall take effect and be in force immediately upon its passage and adoption
on second reading.
42
The foregoing Ordinance was offered by Council member
moved its adoption on first reading. The motion was seconded by
upon being put to a vote, the vote was as follows:
Council member Arthur Berger
Council member Jay Beskin
Council member Ken Cohen
Council member Harry Holzberg
Council member Jeffery Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Council member
moved its adoption on second reading. The motion was seconded by
upon being put to a vote, the vote was as follows:
Council member Arthur Berger
Council member Jay Beskin
Council member Ken Cohen
Council member Harry Holzberg
Council member Jeffery Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of
__ day of
PASSED AND ADOPTED on second reading this
, who
, and
., who
, and
,1996.
,1996.
ATTEST:
MAYOR
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
43
DRAFT DATE: 08/14/96
CITY OF AVENTURA, FLORIDA
APPLICATION FOR CABLE TELEVISION FRANCHISE
EXHIBIT A
In order to be considered for the award of a cable television franchise by the City of
Aventura, Florida any person, corporation, partnership or other such entity desiring such a franchise
must submit an application to the City of Aventura. The application should be submitted to the
office of the City Manager, City of Aventura, 2999 N.E. 191st Street, Suite 500, Aventura, Florida
33180. To be considered, the application must include an original and five copies plus a non-
refundable filing fee of Seven Thousand Five Hundred Dollars ($7,500). The application is to be
completed and signed under oath by an officer of the applicant if the applicant is a corporation, a
partner if the applicant is a general partnership, general partner if the applicant is a limited
partnership, a trustee if the applicant is a trust, or by the applicant himself if the applicant is an
individual.
At a minimum, an application must provide the information listed below in order to be
considered. The City reserves the right to request any and all additional information that it deems
reasonably required to reach a determination as to whether the grant of a franchise to applicant is
in the public interest.
1. Name and address of the applicant and identification ownership and control of the
applicant, including: the names and addresses of all persons with five (5%) percent 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 ownership or other
communications ownership interest of each named person;
2. An indication of whether the applicant, or any person controlling the applicant, or
any officer, or director or person with five (5%) percent or more ownership interest in the applicant,
has been adjudged bankrupt, had a cable franchise or license revoked, or been found by any court
or administrative agency to have violated a security or antitrust law, or to have committed a felony,
or any crime involving moral turpitude; and, if so, identification of any such person and a full
explanation of the circumstances;
3. A demonstration of the applicant's technical, legal and financial ability to construct
and/or operate the proposed cable system, including identification of key personnel;
4. Copies of all federal, state, county and city licenses, permits and registrations in
regard to any part of the applicant's facilities located in the City.
5. A statement prepared by a certified public accountant or duly authorized financial
officer of the applicant regarding the applicant's financial ability to complete the construction and
operation of the cable system proposed;
6. A description of the applicant's experience in cable system ownership, construction
and operation, and identification of communities in which the applicant or any person controlling
the applicant or having more than a ten (10%) percent ownership interest in applicant has, or has
had, a cable franchise or license or any interest therein. Copies of all such franchise agreements that
any such party have entered into within the most recent 24 months;
7. A description of any and ail pending federal and state litigation, whether judicial or
administrative, that in any manner relates to the operation of a cable television system or the
provision of cable television service to which the applicant is currently a party.
8. Identification of the area of the City to be served by the proposed cable system,
including a description of the service area's boundaries, and if applicable, a description of varying
levels of capacity and services offered within different areas of the City.
9. A description of the physical facilities proposed, including channel capacity,
performance characteristics, headend, and access facilities; upon request, the applicant shail make
information on technicai design available for inspection;
10. Where applicable, a description of the construction of the proposed system, including
an estimate of plant mileage and its location, the proposed construction schedule, a description,
where appropriate, of how services will be converted from existing facilities to new facilities, and
information on the availability of space in conduits including, where appropriate, an estimate of the
cost of any necessary rearrangement of existing facilities;
11. If applicant is currently operating a cable system within the City, a description of the
existing system and capacity and the operator's plans to upgrade the system.
12. For informational purposes, the proposed rate structure, for residential, commercial
and bulk customers, including current projected charges for the next 12 months for each service tier,
installation, converters, and other equipment or services, and the applicant's ownership interest in
any proposed program services to be delivered over the cable system;
13. A schedule and description of applicant's contracts with any and all residential and
or commercial complexes including but not limited to condominiums, homeowner associations and
apartment buildings.
14. A demonstration of how the applicant's proposal will reasonably meet the future
cable-related needs and interests of the community, including a description of how the proposal will
meet the needs described in any recent community needs assessment conducted by or for the
applicant or the City;
15. A description of any non-cable telecommunications services offered by the applicant
or its parent, affiliate or subsidiary and applicant's plans with respect to the availability of such
services to subscribers in the City.
16. Pro forma financial projections for the first five (5) years of the franchise term,
including a statement of projected income, sources of revenue and of projected fee payments to the
City, and a schedule of planned capital additions, with all significant assumptions explained in notes
or supporting schedules;
17. If an applicant proposes to provide cable service to an area already served by an
existing cable operator, 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;
18. Any other information as may be reasonably necessary to demonstrate compliance
with the requirements of this Ordinance and information that the City may request of the applicant
that is relevant to the City's consideration of the application; and
19. 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 the proposal meets all federal, state and local law requirements.
APPLICANT CERTIFICATION:
Applicant has read Ordinance No.
and conditions therein.
of the City of Aventura and accepts all terms
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING THAT A PERSON SHALL NOT SERVE ON MORE
THAN ONE CITY OF AVENTURA BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA:
Section 1. Board Service Limitations. A person appointed to and serving upon a City
of Aventura board pursuant to City Charter Section 3.11, is prohibited from simultaneously serving
as a member of another City of Aventura board.
Section 2. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 3. Inclusion in the Code. It is the intention of the City Council, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of the
City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its
adoption on first reading. This motion was seconded by Councilmember Cohen, and upon
being put to a vote, the vote was as follows:
ORDINANCE NO.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
no
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on second reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libed
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 20th day of August, 1996.
PASSED AND ADOPTED on second reading this day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
2
CITY OF AVENTURA
CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
Eric M. Soroka, City Manager
Jeffrey Perlow, Councilmember~
August 29, 1996
SUBJECT: Authorization to Proceed with Purchase Negotiations for the Gampel
Property
September 4, 1996 City Council Agenda Item
In order to move forward on acquiring a site for the Government Center and Police
Station, please place a motion on the agenda to authorize the City Manager to proceed
with negotiations to purchase the Gampel property.
The City Manager is requested to bring back terms and conditions for City Council
review and approval.
JP/ne
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dads County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/YJa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dads
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PUBLIC NOTICE OF PROPOSED ORDINANCES
OF THE CITY OF AVENTURA
9/4/96
In the ....................... ~:~: ...................................... Court,
was published in Said newspaper in the issues of
Aug 22, 1996
Affiant further says that the Said Miami Daily Business
Review is a newspaper published at Miami in said Dads
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dads County, Florida, for a period of
one year next preceding the first publication of the attached
copy of ~dvertisement; and affiant further says that she has
neither paid n promised any perso * r corporation
any discou , rebate, commisaio the purpose
i~°f ~curi this advertiseme in the said
Sworn to and subscribed before me this
22 August 96
........ day of ............................................................ , A.D. 19 ......
.... I ~.RY PO OFFICIAL NOI'AR¥ ~AL
t~=-L, I O~ ~9¢. CHERYL H MARMER
Octstma V. Ferpey~e~.~wn ,~9t~.ON N.SE.
CCS S B
I, iOF ~"; APR' :2,~o0o
PUBLIC NOTICE OF
PROPOSED ORDINANCES
OF THE CITY OF AVENTURA
NOTICE IS HERESY GIVEN that on Wednesday, the 4th day of
Se~ar,~ber, 1~, st a mseting ef the City Council of the City of
Aventura, to be held at 7:00 p.m. in the Council Meeting Room at the
Columbia Aventura Hospital and Medical Center. 21110 Biscayne
Boulevard, Suite 101, Aventura, Flodda, the City Council will consider
the adoption of the following Ordinances entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA.
PROVIDING FOR THE ESTABESHMENT OF THE CITY'S
CODE ENFORCEMENT PROCESS: PROVIDING FOR
DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND
PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND
POWERS OF SPECIAL MASTERS: PROVIDING FOR THE
CiTY A'CI'ORNEY TO SERVE AS COUNSEL: PROVIDING
FOR AUTHORITY TO INITIATE ENFORCEMENT PRO-
CEDURES: PROVIDING FOR ENFORCEMENT PROCE-
- DURES: PROVIDING FOR CQNTENTS AND~SF~R¥1C_I~QF
WARNINGS AND NOTICES; PROVIDING FOR RIGHTS OF
VIOLATORS; PROVIDING FOR SCHEDULING AND CON-
DUCT OF HEARING; PROVIDING FOR CIVIL PENALTIES
AND RECOVERY OF UNPAID CIVIL PENALTIES; PRO-
VIDING FOR APPEALS OF SPECIAL MASTER'S ORDER:
PROVIDING FOR SUPPLEMENTAL PROVISIONS: PRO-
VIDING FOR ADDITIONAL ENFORCEMENT POWERS;
PROVIDING FOR A SCHEDULE OF CIVIL PENALTIES;
PROVIDING FOR SEVERABILITY: PROVIDING FOR
REPLACEMENT OF CODE ENFORCEMENT PROVISIONS
PROVIDED BY METRO DADE COUNTY CODE SEC 8CC.
ET. SEQ. AND PROVIDING FOR AN EFFECTIVE DATE.
(Second Reading)
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA.
PROVIDING THE INTERIM TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION SYSTEMS AND
THE APPLICATION, PROCEDURES AND REQUIREMENTS
RELATING TO THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE
OR THAT IN ANY MANNER WHATSOEVER USE THE
CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE THAT
USE OF THE CITY'S PUBEC RIGHTS OF WAYS IS IN THE
PUBEC INTEREST AND IN CONFORMANCE WITH
APPLICABLE LAW; PROVIDING FOR CONFLICTS; PRO-
VIDING FOR SEVERABILITY; PROVIDING A SAVINGS
CLAUSE AND EFFECTIVE DATE. (Second Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING THAT A PERSON SHALL NOT SERVE ON
MORE THAN ONE CITY OF AVENTURA B~OARD: PROVID-
ING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN
THE CODE: AND PROVIDING FOR AN EFFECTIVE DATE.
(Second Reading)
The proposed Ordinances may be inspected by the public at the Of.
fica of the City Clerk. 2999 N.E. 191st Street, Suite 500. Aventura,
Flodda. Interested parties may appear at the Publio Hearing and be
heard with respect to the propased Ordinances.
Any person wishing to address the City Council on an item at this
Public Hasdng is asked to register with the City Clerk pdor to that ~tem
being heard. Prior to making a statement, for the record, please state
your name and address.
In accordance with the Amarisens with Disabilities Act of 1990, all
persons who are disabled and who need spec~' accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Manager, 466-8910, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Council
with respect to any matter considered at a meeting or hearing, that
person will 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 inaludes the testimony and evidence upon which
the appeal is to be based.
Dated this 21 st day of August, 1996.
Teresa M. Smith, City Clerk
City of Aventura
(305) 466-8901
8/22 96-4-08:;~"~3M
of Del Prado
COMMUNITY AWARENESS FORUM,
18071 Biscayne Blvd. Miami, Fl 33160 Phone 932-1010
President Joseph Platmck
Vice-President Isaac Shamoun
SecretaD. Maurice Ward
Treasurer Harold Kahn
FAX932-1010
GOALS
1- Biscayne Blvd. - Honky Tonk appearance.
Need zoning and beautification.
Get rid of 3 buildings at NE 179th St. near R/R.
2- Too many accidents and shoppers getting killed.
Please f'md the major causes and reduce accidents.
3- Biscayne Blvd. current plan is to have 4 lanes on
each side of a center median.
A better lane configuration will move almost
double the number of vehicles. I am sure that all
shopping center owners would love that!
F1 DOT must examine lane configurations to
improve traffic flow within the same 148 feet
of R/W which they already have acquired.
4- If not now in contract, offer incentive to road
contractor for early completion.
5- Ira Clark, President of Jackson MemOrial Hospital,
promised us a local Trauma Center when he asked
for our vote in favor of a tax. We complied with
his wish but he has not complied with ours.