HomeMy WebLinkAbout12161998ACTiON LIST
THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 12/16/98
REGULAR MEETING
All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material
put in chronological order and placed in clips within the file
City Manager, City Attorney, Purchasing and all other department heads get a full set of draft minutes, and are
responsible for copying whatever is pertinent to their departments. We will continue to place copies of
individual minutes pages in backup files.
n~w
98.218
98.211
98.212
98.213
98.214
City Attorney directed b~v c~9~sen~gs )o p~p~e ~Jease of unil~ of title Qn Lots 1 and 2.
13lock 269 - DJGiovanni - ~JtY oftjflg ~lone j~ ~ffQr
Presentation by St. Johns River Water Management District Re; l.,ocal Government
A~i~anc.~ - presentation only - no action required
l~cussion of City Cl~rk EvaluaSjQll - motion to bring back discussion of salary increases
for charter officers to 1/13/99 agenda
copy minutes to file
file pending credenza - 1st regular meeting
]~stablish Policy for Charter Officer Evaluations - motion to set workshop to establish
Charter officer evaluation procedures in January after Human Resources Director
reports
create file and copy minutes to file
file pending credenza
Adopt Fiscal Year 1999 Priority I. jst Side Yard Culvert Installatiq0 - approved
copy minutes to file
file vault - DRAINAGE
Authorize City Manager to Pttr~;h0~e_~re~ l-]01td-Held Radar Units.from Applied C0rlcepl;s.
Inc. for Police Department - $6~330 - Sole Source - approved
copy minutes to file
file vault - FINANCE - 98 Bids/Purchases. PD
98.161
98.219
98.209
98.001
Approve Ch~ge Oxder with Applied Aquatic Management Inc. in the Amount of $6,000 -
approved with proviso that CM review contract figures that appear on page (circle)
25 of packet
copy minutes and put backup in file in AGREEMENTS - Miscellaneous
obtain original of change order and fde
update \wp-files\agree.cur - miscellaneous
Approval of Minutes - 12/2/98 Regular Meetiag - approved
sign, seal - plac~ in book
Approve Um of Rivervi~v Park for Easter Sunrise Service by Sebastian RiYal; l~¥angeljg01
h4inisters' Fello~v~hip on_April 4. 1999 from 6 t01t_t0 $ ~ - Bleachers and Eleclxici~t -
appr6ved
copy minutes to file
letter to SREMF
file vault - PARKS - Riverview - use of
Ordinanc~ No. O-98-20 - Materials for Drainage Pipes Under Driveway Swill~ - adopted
sign, seal - copy to file, counter, Engineering, Building, GMD, MCC for codification
w/cover l~ter
blue back original - file vault - 98 ORIG OK1)
file backup in vault - 98 ORD BACKUP
update \wp-ord,98 as to adopted date
Ordinanee No. 0-98-21 - Falcon Cable Franchise Agreement - adopted as revised
attach submitted changes from Attorney to 12/16/98 minutes
obtain revised ordinance from Attorney on disk - copy to hard drive
copy onto disk for Ken Vickers so he can transmit to Falcon
Falcon must accept within 30 days and then sign franchise agreement within 30 days after
acceptance
sign, seal - copy to file, counter
blue back original - file vault - 98 ORIG ORD
file backup in vault - 98 ORD BACKUP
update \wp-ord~98 as to adopted date
2
98.210
98.220
98.221
98.215
~)uasi-Judicial Hearing on Or~linance No. 0-98-22 - Small Scal~ Con~rehensive Land
plan Amendment - Fischer Prope_rty U.S. Hig, h~ay One - First l~eadirlg of Ordinance No. O-
98~23 - Rezollillg Fischer Property U,$. Highway Qne - Schedule Qua~ii:judicial Public
Heating - 0-98-22 hearing changed to first reading per direction of City Attorney - ph
set for 1/13/99 - also 0-98-23 first reading accepted - ph set for 1/13/99
advertise public heating (check with Attorney on whcther legal ad or display ad)
notify people who signed to speak at this meeting of scheduled hearing
notify applicant of hearing date
file pending credenza - 1st regular meeting
First Reading of Ordinance blo_O-99-01 - Exehartge of Property with Louisiana Property
Owner - Schedul~ public Hearing for 1/13/99 - 1st reading accepted - ph set for 1/13/99
advertise public hearing in legal notices on 12/30/98
notify property owner of hearing date
file pending credenza - 1st regular meeting
Use of City Stationary (Requested by Vice Mayor ~'inirlger) - City Attorney to draft
resolution regardinng use of city stationary by Council members
create file - copy minutes to file and file pending credenza
Request for Temporary Civil Engineer Through End of Fiscal Year 1999 w/Funding from
Capital Improy~mj~oI.Program Funds - Posto~l~ from 12/2/98 - time ran out - not
addressed - carried to 1/13/99
copy minutes to file
file pending credenza - 1st regular meeting
ngw
Discussion on Mayor's Committee re: 6 laning of US 1 - 1/13/99 agenda??
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¢i17 ot: $¢b s*i n
1~5 M~in 5~re~O 5ebaa~an, Fiorid~ 3~958
Telephone (561) 589-5330 O F~ (561) 589-5570
E-mail:
SEBAS~N ~ CO~C~
AGENDA
REGULAR MEETING
WEDNESDAY, DECEMBER 16, 1998 - 7:00 P.M.
CITY COUNCIL CHAM]]ERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediate~ before deliberation of the item by the CiO, Council -
limit often minutes per speaker (R-97-21}
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
98.218
1
INVOCATION/MOMENT OF SILENCE
ROL~ CAL!~
AGI~NDA MODIFICATIONS ¢.~DDITIONS AND/OR DELETION,~]
Items not on the written agenda may be added on~ upon a majoriO~ vot~ of CiO~ Council members (R-97-21)
PROCLAMATIONS. AN~OUNCEME~ AND/OR PRESENT~tTiONS
Presentation by SL Johns River Water Management District Re: L°:al Government Assistanco
(Engel Letter 11/25/98)
CITY ATTORNEy' MATTERS
CITY MANAGER MATTERS
98211
3
98.212
98.213
5-18
989-14
19-22
98.161
23-26
27-36
98219
37-38
98209
39-42
10.
11.
ITEMS CARRIE]) FORWARD FIZOM DECEMBER 2. 1991) ]~KGULAR MEI~TING
A. Discussion of City Clerk Evaluation (City Clerk Memo I II16/98)
B. Establish Policy for Charter Officer Evaluations (No Backup)
Adopt Fiscal Year 1999 Priority List Side Yard Culvert Installation (City Engineer Transmittal
11/20/98, Priority Lis0
Authorize City Manager to Purchase Three Hand-Held Radar Units bom Applied Concepts,
Inc. for Police Department - $6,330 - Sole Source (Police Transmittal 11/16/98, Quote, Sole-Source
Statement)
Approve Change Order with Applied Aquatic Management Inc. in the Amount of $6,000 (Public
Works Transmittal I 1/24/98, Change Order I)
CONSENT AGENDA
Ail items on the con.,tnt agenda art considered routine and will be enacted by one mot{'o~ Them will be no separate discu~on of
~t agenda items ~ a memlm, of City C. oum'il.~o requests; in which event, the item will be removed and acted upon stparatel, y.
A. Approval of Minutes - 12/2/98 Regular Meetiag
Approve Use of Riverview Park for Easter Sunrise Service by Sebastian River Evangelical Ministers'
Fellowship on April 4, 1999 fxom 6 am to 8 am - Bleachers and Electricity (City Manager Transmittal
12/10/95, Kanpf L_~__g)
PUBLIC HEARING
Procedur~ for public hearings: (R.97.21)
, Mayor Olm~ H~mring ..
· Attorney ~ Ordinance or R~olution
· StaffY, va~,ta~an
· Public Ingna. Limit o.t-T~n Mtmtm P~r Spextlter
· Staff'S~
· Mayor CIaa~ H~'ing
· Council A~tian
Anyon,, Ffishtng to ~ is ~ to ~ign Up lnq'or~ th~ Mating. P/hen Called go to that Podium and Stat,, His or Her lffarn,, for th,, R,,cord
Ordinance No. 0-98-20 - Materials for Drainage Piges Under Driveway Swales (City M.~ager
Tribunal 17Jl 0/98, 0-98-20) ..
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN PAVER COUNTY, FLORIDA, AMENDINO SECTION 90-87
(a) OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN ~ TIVE T O DRAINS UNDER DRIVEWAYS
FOR SWALE DITCHES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDINO FOR SEVERAB1L1TY; PROViDINO FOR CODIFICATION; AND PROVIDINO FOR AN
EFFECTIVE DATE. (1 st Reading 11/i 8D8, Adv¢~ised Legal 12/4/98, Public Hearing 12/16/98)
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98.001
43-104
98.210
105-122
98.210
123-139
12.
13.
14.
15.
16.
Ordinance No. O-98-21 - Falcon Cal~l¢ Frailchise Agreement (City Manager Transmittal 1.2/10/98.
R~i~ Q-98-21)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO FALCON CABLE MEDIA, A
CALIFORNIA LIMITED PARTNERSHIP, THE PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF SEBASTIAN, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES;
PRESCRIBINO THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND
PRESCRIBING PENALTIES FOR THE VIOLATiON OF ITS PROVISIONS; PROVIDING FOR SEVERAB~ OF
PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDING FOR AN
EFFECTIVE DATE. (Ist Rlmdin8 11/18/98, lilt Rtmdin$12F2/98, Adv~rti~ Legal 12/4/98, Public~ H~aring 12/16/98)
QUASI-,IUi)iCIA~ HEARING
(Procedures an: on Back of Agenda)
Ao
Quasi-Judicial Hearingon OrgliniWC¢ No. O-98-22 - Sm~ll Scale Comprehensive I.,tlvd Uso PI~
Am~t - Fischer Prope~ U.S. H~w~ One (~O~ M~0g~ent D~t0r Tr~smi~al
1 ~10/98, Application, ~ation M~. SjaffRc~o~ p~Z R~o~cnd~tio~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. APPROVING A SMALL
SCALE AMENDMENT TO THE COMPREHI~SIVE PLAN WHICH AMENDS THE FUTURE LAlqD USE MAP TO
IN (INDUSTRIAL) FOR LAND CONSISTING OF 1.85 ACRES, MORE ORLESS, LOCATED AT 10900 U.S. HIOHWAY
I,IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. I,AND EAST OF FEC PAR.ROAD RIGHT-OF-
WAY; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDIVlENT UNDER FLORIDA STA~ SECTION 163.318/(1) (C~, PROVIDING FOR COPIES OF THE SMALL
SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA STATUTES
SECTION 163.3184 (T~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINAlqCES IN CONFLICT
~ PROVIDING FOR SEVERAB~; AND PROVIDING FOR AN EFFECTIVE DATE. (Only One P,~ding
R~quir~d, Adv~is~l S~basflan Page 12/9/98, Pti 12/16/98)
INTRODUCTION OF NEW BUSIiNI~ FROM THE PUBLIC
Ite~ that ha~ occ~d o~ ~ dlscow~d ~#hin the pee~io~ ~t mo~k~ ~hich i~ not otherwise on the agenda ~ sign-up
~equir~d. li~it of ICh mim~es fo~ each $pealm,
COMMI~ I~I~PORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSlNE
FirstReading of Ordin<~:~ No. O-98-23 - gez0Jling HschCr Property U,S. [-Iighwly__One - Sch~ule
Quasi-Judicial Public Hearing (Growth Manag~lr ,'mt Transrrlittal, (2[[v Attorney Oginion, O-98-23,
Application, Map, Staff RepQrt, P & ~ Recomll~endatior0
AN ORDINANCE OF THE CITY OF SEBAb'TIAN, INDIAN RIVER COUNTY, FLORIDA, REZONING CERTAIN
PROPERTY LOCATED AT 10900 U.S. HIGHWAY I CONTAININ{} 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWrII-I: PROVIDING FOR SEVERABILrrY; AND PROVIDIN~ FOR
AN EFFECTIVE DATE.
98.220
141-148
F~t Reading of Ordinance No., Q-99-01 - E~change of Proi;erU wi%h ~,9~lisiana Proper~ Ox~ner -
Schedule l~bli¢ He~'ing for l/l)J99 (CiO Manager Transmittal 12/10/98, 0-99-1.4/1/9~
I,egal D~ptions. Warranty D~l)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN ~ COUNTY, FLORIDA, DECLARING A PUBLIC
NEED FOR A LAND SWAP, AUTHORIZING EXCHANGE OF SAID LANDS; SETTING THE TERMS AND
CONDITIONS OF SAID EXCHANGE; PROVIDING FOR $EVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
98.221
149.152
Use of City Stationary (Requested by Vic~ Mayor Wininger) (Four Excerpts of City Council Minutes
R~: Subject) "
98.215
153-156
Requ~s. t for Temporary Civil Engineer Through End of Fiscal Year 1999 w/Funding from Capital
Improvement Program Funds - Postponed from 12/2/98 (Public Works Transmittal 12/9/98,
Justification)
17. CITY COUNCIL M/~TTERS
A.
B.
C.
D.
E.
Mr. Chuck Ncuberger
Mr. Larry Para
Mayor Ruth Sullivan
¥ig Mayor Martha Wining~r
Mrs. Louis~ Cartwright
18.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended.for up to one half hour by a
majority vote of City Council}
ANY PERSON WHO DECIDE5 TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL t4q'l'H REJECT TO ANYM.4 ~ CONSIDERED AT THI~ MF-ET~
(OR HEARING) ;FILL NF~O A RECORD OF THE ~PIG$ AND MA Y NF~'n TO ENSURE THAT A FERBATIM RECORD OF ;'HE PROC~'~"DING$ I~ MADE,
WHICH RECORD INCLUDES THE FES'TI?WONY AND EF1DENCE UPON WHICH THE APPEAL I$ TO BE HEARD. (285.0105 F.,.~)
IN COMPLIANCE F, TI'H THE AMF_.RI~ ~ DI~ABILITIES ALT (ADA). ANYONE WHO NEEDS A ,~ECIAL ACCOMMODATION FOR THIS MF_,ET~G
SHOULD CONT,4CT THE CITY'S ADA COORDM,4TOR AT $89-5330 AT ~ 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
UpcomingMee#ng~
Regular Meeting- ;Fedn~day. 1/13/99- 7pm
I ,gularMeeting. Igednesday, 1/27/99- 7pm
Regular Meeting- W~bw~day. 2/10/199- 7pm
Regular Meeting- Wedne.~day. 2/24/99- 7pm
Regular Meeting- F/~ne~day, 3/10/99- 7pm
Special Meeting. Monday - $/16/99 . 7pm (Election Matter~)
Regular Meeo'ng- Wedne~ay, 3/24/99- 7pm
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Quasi. Judicial Hettring Procedu~: ~In accordance with R-97-46~:
Mayor/Presiding Officer Opens Hearing and Outlines Rules
Cio' Attorney reads Ordinance or Re. mlution (if Applicable)
IfRequcsted by Affected Paro'. Clerk/Secretary Administers Oath to Other Affected ParO¥ie~) Who Intend to Teztify
For Non-Land Use Matter~ - Disclosure of Ex-Parte Communication
Applicant Presentation . Uninterrupted 15 Minutes
inquiry of Applicant or Applicant's Witnesses by Council/Board (or S ta ff or Applicant or Other Affected Parties through Mayor or Presiding
Officer)
Staff Presentatton - Uninterrupted 15 Minut~
Inquiry of Staff by Cmmeil/Board (or Applicant and/or Other Affected Parties through Mayor or Pre, ding Officer)
Proponents' Te.~numy- Up to 15 Minates (these are affected parties)
Inquiry of Proponents by ComwigBoard (or Staff or Applicant or Other Affected Parties through Mayor or Presiding Officer)
Opponents' Presentation. - .Unintorupted 15 Minutes (these are affected parties)
Inquiry of Opponents or Opponmt 's Witnexw~ by Council/Board (or Staff or Applicant or Other Affected Parties through Mayor or
Presiding Officer)
Opening of lnformatlonal Testimony- Any Member of Public with Information or Necd for Clarification - 3 Minutes or 10 Minutes if
Representing Groups of 5 or Moe~
Inquiry of informational Witt,,,e~., by Council/Board
Closing of Public Information Perlod- No Additional Public Comments AIlowed Except in Response to Council/Board Questions
Applicant's Rebuttal Prezenta~ - 10 Minute~ (Affected Parties or Stoff May Request to be AIlowed to Point Out Errors of Fact or Ask
Questions of Applicant or Appllca~t Witne. zw~)
StaffResponse and Stenmory- lO Mhmtes ~ to Applicant Proponents, Opponents or Informational YeTineeses - Affected Parties
May Request to be Allowed to Po~t O~t Errors of truce or Ask Questions of Staff ar Stoff Witnesse~)
CiO, Council/Board Inquiry of Appiicont~ Proponent~ Opponents or StaffMember
Close Hearing Upon Completion of Testimony
Act ~Jpon Application
Persons who desire to make a presentation or lwesent information or comment on an application or item must register with the CiO, Clerk or Board
secretary prior to the time in the mecting at which a.ttch item is to be heard in accordance with 1~-97-21. (meeting procedures)
Affected Part~ ar~ the AppPwan~ ~ty Staff and Perso~t Engdtd to N~t Un~ C~ ar St~ A ho~n~ ar ~ ~n~ ~~
wh~e ~ ~ ~ aff~ p~ ~ ~ ~d a~c~d ~ s~ ~ ~e Ci~ C~ci~ p~ded ~ ~a~n h~
~mbl~ed p~ant ~ ~ ~. A c~a~ of ~ smnd~g~ ~e ~odda Se~e~ ofS~ ~ office ~d a r~lua~ of ~e b~d of ~
~iaaon au~hg ~M ~~ ~ ~ filed ~ ~e Ci~ CI~ ~ office p~or ~ ~e ~ ~ ~qu~t ~ be ~d a~c~d p~ ~
Affected Parties May Request Eum.~on of Tinte from CiO' Council/Board and may object to the introduction of any oidence, wherenpon, the presiding
officer may rule upon the objection to the admia~biliO, of any evidence. The CiO, Council/Board members may a~trm or ovorule thc ruling. Persons
addrea~g Council/Board xhall identify any educational, occupattonal or other experience which may be relevant to the matter.
Disclosure of e:r-parte communication in land-ave matters is not required and such non.disclosure shall not be deemed prejudicial to the decision of
the CiO, Council/Boar& All decizlons of the City Council/Board on land use matters must be supported by substantial, competent evidence in the
record pertinent to the proceeding, irrespevtlw of such conununication~
A person who appears before the decision ngdgng body who ts not an affectedparO, may be allowed to testify before the decision making body, may be
requested to respond to questtons from the decision making body but need not be sworn as a witness and is not be subject to ~mination and is
not required to qualify as an e~rt witnexa The decision making body shall assign weight and credibiliO, to such testimony as it deems appropriate.
~wp-min\quasi.pro
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WATER
MANAI~r=.-MENT
DI~aTRI~-'T
November 25, 1998
Mr. Thomas Frame, City Mgr.
Ci.ty of Sebastian
1225 Main St.
Sebastian, Fl. 32958
Re: Dec. i6 Coundil Meeting
POST OFFICE BOX 1429
FAX (ExKu~e) 32F4125
~. FIodal 32801
4Q7,*IiI-4~QO
Henry Oeon. Executive Director
John R. Wehle. AaiS, rant Executive Olr~:t~t
PALATKA, FLORIDA 32178-1420
TELEPHONE 904.322-4S00 $UNCOM g04-860-4500
T~D g~.329M450 TDD SUNCOM S60~450
(Lig~) 32g-4485 (Pifml~ng) 32g~15 (~minia=l~FIn~ce) 329~M
(Pllnntng ~ A~ulaitJ~n) 329-4848
32RVICE C£NTER$
g04-73~270 407-9~44940
TDD ~MM48-TGQO ~O 407-722~
OPERATIONS:
2133 N. Wlcldtim Read
Mall)oume, FIorkdl 32935,8109
407.752-3100
TOD 407-752-31
Dear Mr Frame:
As Intergovernmental Coordinator for the St. Johns River Water Management District, Office of
Policy and Planning, I am requesting a 10 minute appearance before the Sebastian City Council
at the Dec. 16, 1998 meeting. The topic will be Local Governm,ntA~sistance and I will be
addressing the types of assistance and materials offered by the District.
City Council meetings serve as an excellent opportunity' to communicate District information to
elected officials, thc staff, and citizens. Therefore, I am looking forward to addressing the
Sebastian City Council. If you have any questions or if there is a problem with my request,
please call mc at 676-6606. Thank you for your assistance.
Sincerely,
Engcl,
Intergovernmental Coordinator
Dan ~oacn, CHAIRMAN Kathy Chinoy, w¢~ ¢~AmUAN Jamee ~. Swarm, TREASURER Otis MSSOR,
~ER¼ANOINA 9EACR PONTE VEDRA COCOA ST, AUGUSTINE
William ~. Segal Griffin A. Greene James H. Williams Patricia T, Harden Reid H
~AITLAHD VERO 8EACH OCALA SANFORD DAYTONA 3EACH
CITY OF SEBASTIAN
COUNCIL CHAMBERS MEETING SCHEDULE
CODE ENFORCEMENT MTG ............................................................................................................. WEDNESDAY, DECEMBER 16 (~ 3:00 PM
REGULAR CITY COUNCIL MTG ..................................................................................................... WEDNESDAY, DECEMBER 16 ~ 7:00 PM
PLANNING & ZONING MTG ................................................................................................................. THURSDAY, DECEMBER 17 (~17:00 PM
FACT FINDING MTG (FDOT's Future Plans for U.S. Hwy/) ............................................................... MONDAY, DECEMBER 21 ~ 10:00 AM
RECREATION COMMITTEE MTG ............................................................................................................ MONDAY, DECEMBER 21 ~ 7:00 PM
CHRISTMAS EVE & CHRISTMAS DAY ............ CITYHALL CLOSED .............. THURSDAY, DECEMBER 24 & FRIDAY, DECEMBER 25
1999
NEW YEAR'S DAY ............................................................ CITYHALL CLOSED ................................................................ FRIDAY, JANUARY 1
TREE BOARD M'TG .......................................................................................................................................... MONDAY, JANUARY 4 ~. 5:00 PM
BOARD OF ADJUSTMENT MTG ................................................................................................................... TUESDAY, JANUARY 5 ~ 7:00 PM
PLANNING & ZONING. MTG. ...................................................................................................................... THURSDAY, JANUARY 7 ~ 7:00 PM
CONSTRUCTION BOARD MTG. .................................................................................................................. TUESDAY, JANUARY 12 ~. 7:00 PM
REGULAR CITY COUNCIL MTG ........................................................................................................... WEDNESDAY, JANUARY 13 ~7:00 PM
RECREATION COMMITTEE ......................................................................................................................... MONDAY, JANUARY 18 (~ 7:00 PM
WATERSHED COMMITTEE ...................................................................................................................... TUESDAY, JANUARY 19 ~ 10:00 AM
PLANNING & ZONING MTG .................................................................................................................... THURSDAY, JANUARY 21 ~ 7:00 PM
SCHOOL BOARD MTG ................................................................................................................................. TUESDAY, JANUARY 26 ~ 7:30 PM
REGULAR CITY COUNCIL MTG .......................................................................................................... WEDNESDAY, JANUARY 27 ~ 7:00 PM
TREE BOARD MTG ........................................................................................................................................ MONDAY, FEBRUARY 1 ~ 5:30 PM
BOARD OF ADJUSTMENT MTG ................................................................................................................ TUESDAY, FEBRUARY 2 ~ 7:00 PM
PLANNING ,er ZONING MTG .................................................................................................................... THURSDAY, FEBRUARY 4 ~ 7:00 PM
CONSTRUCTION BOARD MTG ................................................................................................................. TUESDAY, FEBRUARY 9 ~ 7:00 PM
REGULAR CITY COUNCIL MTG ....................................................................................................... WEDNESDAY, FEBRUARY 10 ~ 7:00 PM
WATERSHED COMMITTEE ................................................................................................................... TUESDAY, FEBRUARY 16 ~ 10:00 AM
CODE ENFORCEMENT MTG ............................................................................................................. WEDNESDAY, FEBRUARY 17 ~ 3:00 PM
PLANNING & ZONING MTG .................................................................................................................. THURSDAY, FEBRUARY 18 ~ 7:00 PM
RECREATION COMMITTEE ....................................................................................................................... MONDAY, FEBRUARY 22 ~7:00 PM
POLL WORKERS CLASS ........................................................................................................ WEDNESDAY, FEBRUARY 24 (~ 9:00 - 11:00 AM
REGULAR CITY COUNCIL MTG ....................................................................................................... WEDNESDAY, FEBRUARY 24 ~ 7:00 PM
BTR LABS - WATER GUARD lvlTG ....................................................................................................... THURSDAY, FEBRUARY 25 ~ 6:30 PM
TREE BOARD MTG ............................................................................................................................................... MONDAY, MARCH l ~ 5:30 PM
BOARD OF ADJUSTMENT ................................................................................................................................. TUESDAY, MARCH 2 ~ 7:00 PM
PLANNING & ZONING MTO ........................................................................................................................... THURSDAY, MARCH 4 (~ 7:00 PM
CONSTRUCTION BOARD MTG ........................................................................................................................ TUESDAY, MARCH 9 ~ 7:00 PM
REGULAR CITY COUNCIL lVlTG ............................................................................................................. WEDNESDAY, MARCH l0 ~ 7:00 PM
SPECIAL CITY COUNCIL MTG ...................................................................................................................... MONDAY, MARCH 15 ~ 7:00 PM
WATERSHED MTG ......................................................................................................................................... TUESDAY, MARCH 16 ~ 10:00 AM
CODE ENFORCEMENT MTG .................................................................................................................... WEDNESDAY, MARCH 17 (~ 3:00 PM
PLANNING & ZONING MTG ......................................................................................................................... THURSDAY, MARCH 18 (~ 7:00 PM
RECREATION COMMITTEE MTG ................................................................................................................... MONDAY, MARCH 22 ~ 7:00 PM
REGULAR CITY COUNCIL MTG .............................................................................................................. WEDNESDAY, MARCH 24 ~ 7:00 PM
PLANNING & ZONING MTG .............................................................................................................................. THURSDAY, APRIL 1 ~) 7:00 PM
TREE BOARD MTG ................................................................................................................................................... MONDAY APRIL 5 ~ 5:30 PM
BOARD OF ADJUSTMENT MTG .......................................................................................................................... TUESDAY, APRIL 6 (~ 7:00 PM
CONSTRUCTION BOARD MTG .......................................................................................................................... TUESDAY, APRIL 13 (~ 7:00 PM
REGULAR CITY COUNCIL MTG ................................................................................................................. WEDNESDAY, APRIL 14 ~ 7:00 PM
PLANNING & ZONING MTG. ........................................................................................................................... THURSDAY,'APRIL 15 ~ 7:00 PM
RECREATION COMMITTEE MTG ...................................................................................................................... MONDAY, APRIL 19 (~ 7:00 PM
WATERSHED MTG ............................................................................................................................................. TUESDAY, APRIL 20 ~ I0:00 AM
CODE ENFORCEMENT MTG ....................................................................................................................... WEDNESDAY, APRIL 21 (~ 3:00 PM
SCHOOL BOARD MTG ................................................................................................................................. : ....... TUESDAY, APRIL 27 ~ 7:30 PM
REGULAR CITY COUNCIL MTG ................................................................................................................. WEDNESDAY, APRIL 28 ~ 7:00 PM
BTR LABS - WATER GUARD MTG ................................................................................................................. THURSDAY, APRIL 29 ~ 6:30 PM
TREE BOARD MTG .................................................................................................................................................... MONDAY, MAY 3 ~ 5:30 PM
BOARD OF ADJUSTMENT ...................................................................................................................................... TUESDAY, MAY 4 ~ 7:00 PM
PLANNING & ZONING MTG ................................................................................................................................ THURSDAY, MAY 6 ~ 7:00 PM
CONSTRUCTION BOARD MTG ............................................................................................................................ TUESDAY, MAY 11 ~ 7:00 PM
REGULAR CITY COUNCIL MTG ................................................................................................................... WEDNESDAY, MAY 12 ~ 7:00 PM
12/15/98
Date:
To:
From:
Subject:
Mayor and Members of the City Council
Kay O'Halloran, CMC/AAE
City Clerk
Evaluation of City Clerk position and consideration of annual adjustment
The attached evaluation form is comparable to the one that I submitted to you last November. A
list of duties that the City Clerk is responsible for through this office is attached. This office is not
limited to this list as there are many other items/matters that find their way into the office and are
handled accordingly.
December 8, 1998 will be my 12th year as the City Clerk of Sebastian and in spite of the
newspaper articles (bad mouthing the City) I am very proud of my position in the City of"
Sebastian. We all have come a long way since December "86" when I first came to work. I feel
great pride for the City, its citizens, but most of all my staff.
I would like to mention two items that are very near and dear to me at this time: the Procedures
ManualandtheCityWebSite. ~,~X-f~/p. ~rJ l:~-f~c.v ~..)p:,~.,~.
Last year I requested you to come tO me with any ideas on how to improve this office; the offer is
still open to you. I did receive a request fi.om a citizen to place copies of the minutes at the
North County Library and this was done, happily.
I would appr~iate receivin~3_K.your evaluations on or before November 23, 1998 for scheduling on
the regular Meeting Agenda for December 2, 1998, Regular M~i~i-ng. --
Thank you for your continuing cooperation.
I
City of Sebastian, Florida
Subject: Side Yard Pipe Program
Agenda No. q~, Z[,~
Approved for Submittal by:
Thomas Frame, City Manager
Department Origin: Martha Campbell, P.E.
City Engineer "~a~0~,_~. ~ ~..~..
Date Submitted: 11/20/98
For Agenda of.' 12/2/98
Exhibits: FY1999 Priority. List for Side Yard Culvert Installation
REQUIRED:EXPENDITURE I AMOUNT BUDGETED: l APPROPRIATiONREQUIRED: N/A
SUMMARY
This transmittal is to update the Council on the practices of the Department of Public Works with
regard to side yard culvert pipe installation. Last year the Council abolished the cost share
program in favor of a new policy that would address side yard culverts based on safety risks. As
a result of this change in policy, the Department has reviewed ditches in side yards on this basis.
The ditches that have been surveyed were at the request of adjacent property owners. There has
been no attempt to research citywide the necessity for piping side yard ditches due to the scope
of such an undertaking. Each request was reviewed to determine if sufficient cause exists where
the City would be at risk due to safety concerns if no action were taken. The Department has
established a list of priorities taking these factors into consideration. This list is attached as
Exhibit 1. It is requested that the Council endorse the priority list and authorize the Department
to implement it as funding becomes available. The source of funding is DR-01-96 in the Capital
Improvement budget.
RECOMMENDED AC"I tON
Adopt the FY1999 Priority List for Side Yard Culvert Installation.
November 1998
FY 1999 SIDE YARD CULVERT PROGRAM
PRIORITY PROJECTS
#
1
2*
3*
4*
5
6
7
8
9
10
11
LOCATION
Fleming Street, Lot 19 & 20, Block 89
Wentworth Ave., Lot 33 & 34, Block 42
Concha Drive, Lot 1 & 2, Block 364
George St., Lot 13 & 14, Block 175
Main St., Lot 18 & 19, Block 65
Evemia St., Lot 25 & 26, Block 164
George St., Lot 3 & 4, Block 299
Clearbrook, Lot 26 & 27, Block 239
Columbus St., Lot 10 & 11, Block 41
Zane Ave., Lot 19, 20, 12, & 13, Block 500
Concha Dr., Lot 11 & 12, Block 293
* Permits are required.
N
CITY OF
PRIORITY SIDE YARD GL/LVEte~' LOCATIO~¥.~
LOCATION
FLEMING
fib
LOT 19&20 J
BLK 89
10 11 12 15
lZ
11 } 14
4- 17
? 19
· 1 / 20
LAKE:
1 2 3 4- 5
ACAC/A AVENUI~
20 19 18 17 16
1 2 5 4 5
DRIVE
1D1 flO1 111 FF~
PRIORITK ~ID~ ~ARD CULVERT LOC~TION$ I~'~,
LOCATION
WENTWORTH
LOT 33&34
BLK 42
FORSTER
DOCTOR
JORDAN A'V~NUE
- ~
12 I 2 5 8 9
2¢
12
¢7
415 ~i 7
AVENUE
1 2 5 6
AVENUE
23 ';'2 21 20 19 18
13 14 15
15 I 14
18
PR~ORIT. Y J~IDE YARD CC~LVERT LOCATIOH~ tm~'~
LOCATION
CONCItA DR.
LOT
BLK 364
GLADIOLA k'AVE.
2 27
5 26
4 25
5 24
6 2'~
7 22
i 9 20
10 19
11 18
i 1Z 17
15 16
1~- 1§
24
EARTH DAM
CITY OF -~EB~45T[A~¥
PRIOI~ITF SIDE YARD £C'LV~T .~OCATIOAr,~
LOCATION
GEORGE ST.
LOT 13& 14
BLK 175
I¢
15
14
12 ] 11 10
18 17A
8 9
CARNATION
817 6
Cr-0RCE
H 12 13
5 7 8 9
STREET
DRIV~
F.~ICRiTF SIDE YARD CL'L;?RF LOCATIONS
LOCATION
MAIN ST.
LOT 18&19
BLK 65
12
11 ,~ 1.5
~ -
5 14. 1
~ 15
~Z
2~ '
24.
CITY OF S£BA,STfAN t~" '~
PffIO~ITY ~IDE Y/~.D ~6~LVEI~ LOCA~'IO~.¢
-i
lIMITS
15
17
16
165 ~
1,~ ~ 6
11 ~
\
LOCATION
EVERINA ST.
LOT 2S&26
BLK % 64
P~IO~IT~ U~DE Y~D CULV~R? LOC~TIONU ~z~
LOCATION
GEORGE ST..
LOT 3~k4
BItE 299 I
~9
20 --
18 17
¢
17
6
15
7
8
la. 10
13 11
7
9 7
CITY OF SE~IASTIAhr
Pt~IORITY SIDE ~'AI~D ~LVERT LOCAT~O~tS
'1
LOCATION
CLEARBROOK
LOT 26&27
BLK 239
I
9 I 10
~5
.525--
6 k ~°
7 29
8
9
lQ
239
12 I 24
14 22 ~
,,.1 Z ~ 141
BREAK'NA ~'ER
17
TERRACE
TERRACE
?t~[Ot~l.t'Y' ~ll)~ ¥.4.~D ~t,'L YERT /' O~,.~TlO~.~
LOCATION
COLUMBUS ST.
LOT 10&11
BLK 41
LAKB & BASY
- 22
~8 UME AVENUE
17 18
20
21~15~20
25 11 ~ 24
10T 25
10
g
7 20
"~21
27 4 L 23
ZB 3 ~ 24
29 2 [ 25
~0 1
14 19
18
17
17 ~ 16
18 oo 15
13
10
TRACT H
CITY OF 5'£BAS'T[AN
Pt~IOf~ITY ~h2E FAI~D CULV~RF LOCAF[~NS r~"~
I LOCATION
ZANE AVE.
i LOT 19,20,12&13
BLK 500
i F~/Offl~Y ,~[D~ ~tRN CG'L~/ERT LOCA~'TO~ ~T~
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I
I
LOCATION I
CONCHA DR.
LOT 11&12
BLK 293 I
~.~ ~.~m*~ Ii PRIORITY S~DE YARO CULVERT LOCATIONS
292
\
SEBASTIAN POLICE DEPARTMENT
1201 Main Street
Sebastian, Florida 32958
Telephone 5611589-5233
FAX 561/589-2207 (24 hr) - FAX 5611388-1782 (Admin.)
SUBJECT: 3 Hand Held Radar Units
Approved ~*¢~~
for Submittal: '
Exhibits:
Statement
Expenditure Required: Amount Budgeted:
Agenda No, : ~0~_, o-~
Department Origin : Police
Date Submitted : 11/16198
For Agenda of :
Quote from manufacturer, Applied Concepts, Inc. and Sole-Source
Appropriation Required:
$6,330. $8,100 (est) None
SUMMARY STATEMENT
Three new hand-held portable moving & stationary radar units, as approved in Police Department's FY 98/99
Budge, to replace 2 non-functioning units which are antiquated and are beyond cost effective repair. 1
additional unit is to expand enforcement capabilities. Portable radar systems are movable from vehicle to
vehicle, thereby eliminating having to equip each vehicle with a dedicated radar system.
See attached sole-source statement for additional information.
RECOMMENDED ACTION
Authorize the City Manager to purchase 3 - Stalker SM3Ka radar systems with accessories, as specified
on the purchase requisition from Applied Concepts, Inc., for the Police Department at a total cost of $6,330.
the technology leader
P.02
STALKER Radar Wort(sheet
.Movinq/St,ationarv
Pkg $1VI3-Ka (064-1027}
~,.~SM3-Ka includes:
Moving/Staticnary radar 13ocly
Power Aclapter Module
Hand Controller
2 Battery handles 8, 1 charger
Hard carry case with, fcam
Op manual & tuning forks
3 Year Warranty, P & L
I Number radar pkgs ~ x
Sub-total
I Accessode~
Waterproof case L~ 95 x
8artery handles ~ 70 x
Battery charger ~ 89 x
Battery discharc, er {~ 8a x
Cig plug ilanclle ~ 95 x
Vehicle mount ~1't55 x
Sub-total
Volume Discounts
(2) units # pkgs x 50.
(3-10) units # I:~gs .-5 x 100.
(11-20) units # pkgs ~ x 200.
· uni.ts
2
m
# unim
3 -10
2295_..__~
¢/. units
11-20
2295.___~
Tmde-in.,allowance
I Stationary 10O. XX
Moving 150. ~"T-~ ~"
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FOB: Piano, ~ (~ 15. Per
Bottom Line
Linca O. VanAUen DaTe
CITY OF SEBASTIAN PURCFIASING
EXTRAORDINARY PROCUREMENT CERTIFICATE
DATE: 11/16/98
TO: PURCHASING DEPARTMENT
FROM: Dennis R. White, Police Chief
DEP)dtTMENT: Sebas;bi_an PoL/.ee Del0an~tn~
TYPE OF PROCUREMENT: SINGLE SOURCE ~l EMERGENCY
ITEMS OR SERVICES REQUIRED:
Stalker Sm3Ka Traffic Radar System
PROPOSED VENDOR:
(Stalker Radar} Applied Conc~, ~.
730 F Ave~, S~ 200, Plano, TX 75074
~S~CATION FOR EX~ION TO NORMAL PRO~M~ PRO~D~:
Th~ St~k~ S~Sga ~affie ra~ s~st~ i~ the o~y on~ kno~ to
fo~o~ng spe~fie~ions:
T~s moving/S~on~y Ka band potable r~ a~ is ong pi~e~
and is encased in a br~k re~ist~ pol~bon~e molded housing. It has
a "pistol g~p" ~tyle han~e w~ ~o ~v~ a~ th~ b~ pack for'
tot~ po~ablg option. It ~n op~ on ~h~
b~es or from a ~g~e ~ght~ ~g. It has a b~
d~grees, LCD ~pla~ ~ntC on ba~k ~idt of a~ and h~ a back
r~ot~ hand eo~ro~ for u~e ~ the ~ ~ mou~d in a p~rol
v~e. Th, St~k~ is ba~k~d ~y a 5 N~ ~ and l~or ~~.
V~dqr is ~ng a $300 qua~ff ~eoa~ ~ ~so a $150
in a~ow~e~ on f old and non fan~ioM~ ra~ ~fst~s w~
I her~y certify that I have thoroughly reviewed the fuels and eirtmmstanc~s of this requested purchase and that
(1) the ~upplier of the gooda/servic~ r~queated ia the sole sour~ supptiar, or (2) tim Department has an urgent ne~d,
on an emergency baaia, for the purchaae of the goods/service~ and the emergency is such that a delay through the
use of normal competitive procurement methods to acqulra such good lservic~ would not be in the public's beat
interest and would be detrimental to the City. I aho certify that this re ueat is in full compliance with the City of
Department Head Signature
Month Day Year
Approved:
A;FormZ. wpd
9/1 ~96
City. Manager Purchasing
City of Sebastian, Florida
Subject: Change Order to Applied Aquatics
Contract for Ditch Spraying
Approved for Submittal by:
Thomas Frame, City Manager
Department Origin: ~tb. lic WgrkF-
Terry Hill
Date Submitted: 11/24/98
For Agenda of: 12/2/98
Exhibits:
EXPENDITURE
REQUIRED: $6,000
AMOUNT BUDGETED:
$39,540
APPROPRIATION
REQUIRED: N/A
SUMMARY
Applied Aquatics has an annual contract (thru May 31, 1999) for canal spraying to control
vegetation growth. The Department of Public Works wishes to expand their contract to include
ditch spraying on a limited basis until their contract expires or the funding is depleted which ever
occurs frrst. Ditch spraying will help control growth and improve flow characteristics in the
ditches. Each ditch that the Department needs spraying will be reviewed by the vendor and a
separate cost proposal will be submitted on the level of service and cost to perform the work.
Spraying the ditches will not be performed until after the quotation was received and authorized
by the Director. The FY99 operating budget included funding for this purpose, however,
Council approval is necessary to change the contract to include the new scope of work.
RECOMMENDJ~D ACTION
Move to approve change order #1 with Applied Aquatics for $6,000 for ditch spraying.
City of Sebastian
1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958
TELEPHONE (561)589-5490 ~ FAX (561) 589-6209
CHANGE ORDER NO. 1
City's Project Name: Aquatic Plant Management Service
Project Number: Roads Acct 001-23-541-342 Purchase Order #: PO ~r2.2.49
Contractor:.
Address '
Contract Date'
Applied Aquatic
P.O. Box 1437
Eagle Lake, FL 33839
To: Applied Aquatics
Contractor
By signatures affixed herein, both the City and the Contractor agree to the changes .noted
below in the subject Contract. The Contractor is hereby notified to proceed once this
document is executed by both parties.
Provide aquatic weed control to vadous ditches in the City upon direction from the ;
department director. Work will be issued on work orders from the department to the
contractor. The contractor shall set the price for the work based upon the work order,
1 of 2
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City of Sebastian Change Order
Project Name Aquatic Plant Management Service
Project No. Roads Acct # 001-23-541-342 Purchase OrderS:
P.O. #2248
A) These changes result in the following adjustment of Contract Price:
Contract Price Prior to this Change Order
Net (In~ease)(Decrease) in Price Resulting from this Change
Current Contract Price Including this Change Order
B) These changes result in the following adjustment of Contract Time
Initial Contract Time
Net (Increase)(Decrease) in Contract Time Resulting from this
Change Order
$ $19,560
$ 6,000
$ 25,560
N/A
5/31/99
N/A
Contractor
City of Sebastian
BY:
Signature
BY:
Signature
Printed Name & Title
Ci~ Manager
DATED:
DATED:
2 of 2
City of $¢bosti~n
1:~7§ ~in $~eet ~ Se~e.~ien, Ftorida
Telephone (~61) 589-~330 ~ F~ (561)
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 2, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was re~itecL
There was a moment of silence.
ROLL CALI~
City Council Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mr. Chuck Ncubergcr
Mr. Lam7 Paul
Cit~ Con,il.fibs. eat,;
Mrs. Louis~ Cattwright (excused)
Staff.Present:
City Manager, Thomas Frame
City Attorney, Rich Stringer
City Cleric, Kathryn O'Halloran
Chief of Police, Randy White
Growth Management Director, Tracy Hass
Deputy City Clerk, Sally Maio
DRAFT
Regular City Council Meeting
~ber 2, 1998
Page Two
DRAFT
AGENDA MODIFICATIONS (/~DDITIONS AND/OR DELETIONS)
ltem~ not on the written agenda may be added on~ upon a majority vote of City Council memb~.s (R.97-21)
At the request of the City Manager, presentation of a plaque to the employee of the quarter was added to the
agenda, and item 15.K. 9s2.15 Request for a temporary civil engineer was withdrawn from thc agenda.
6. PRQL-'L~flATIONS. ANNOUNCEMENT~ AND/OR PRESENTATIONS
98.036
A. pres~tation of Pl~quea
Mayor Sulliv~ read and pre~nted a plaque to Herbert Munsart - Planning and Zoning Commission.
Shirley Kilkelly - Planning and Zoning Commission and William Brognano - Tree Advisory Board were not
present to receive plaques.
98.217
B. Presentation of Plaque t0 Cliff JamisoK- Employe~ of thc Third Quarter
Mayor Sullivan read and presented a plaque to CliffJamison.
98.2O6
C. PrecJamation Hovori~g J.~, "Tonmly" Tho~-~pson
Mayor Sullivan re. ad a proclamation in memory of J.W. "Tommy" Thompson and presented it to his
two sons.
7. CITY ATYORN~Y MATTER~
The City Attorney:
· Was authorized to bring back an interim overlay zoning ordinance for the Riverfxont due to the fact
that the citywide mzoning would be adopt~l approximately May 1999.
· Discussed thc Board of Adjustment matter regarding constructing in-law quarters within a house in
single family residential districts and the fact that the city codes require that dwelling unit be defined
by use and design. The City Manager said he would have staff review other areas to determine how
regulate this.
· Was authorized to prepag a mle. aso of lien on a Louisiana Avenue propeay, but to hold executed lien
in esc~ow
8. CITY MANAGER MATTERS
The City Manager:.
· Discussed the possibility of removal of FPL street lights along Indian River Drive and it was
suggested he poll residents of the area. It was also the consensus of Council that the new lights
should not be placed on timers and should remain on during night time hours.
· Said he had received a request from CRA to allow minor grading in the Cavcorp property and
Council concurred. Council also expressed a need to have trees on the west side moved and to keep
vegetation low on the property, so as not to obstruct river view.
2
Regular City Council Meeting
December 2, 1998
Page Three
DRAFT
TAPE I - SIDE II (7:49 p.m.)
Said he would bring an item to the 12/16/9g agenda to consider a property swap with a property
owner adjacent to a city compound on Louisiana Avenue
9. CITY COUN'CIL MATTERS
A. M~.' l.~ouise Cartwright
Absent.
B. Mn CbuC~ Neuherger
Requested an update on downtime on Public Works mowers, to which the City Manager
responded thc City Attorney will have to address thc issue
Requested an update on the police department air quality matter
Noted the City Manager has submitted an ad for skateboard task team members
Requested an update on a question on extended warranties
Expressed continuing concern for method of protection of city workers on U.S. 1
C. Mr. Larry Paul
Questioned how old pending items can be cleared up, to which the City Manager he will
review the list and provide a written report
D. Ma.vor Ruth Sullivan
Discussed her concerns about the proposed six laning of U.S. I and announced a fact finding
meeting in Council Chambers on 12/7/98 at 10 am. It was suggested that staffresearch the
rejection of thc proposal to 4 lane A1A in Vero Beach. Metropolitan Planning Organization
Citizen Committee member Ham/' Thomas addressed Council.
Requested staffto proceed with taking adult entertainment out of Commercial Genera2
zoning and putting it in lndus~ial zoning. The Growth Management Director stated this was
scheduled to be instituted in the zoning regulations. It was noted that the Comprehensive
Plan already addresses that issue
TAPE 11. SIDE I (8:35 p.m.)
and there was a consensus to leave it as it is in the Comprehensive Plan for now.
Regular City Council Me,ting
~ber 2, 1998
Page Four
DRAFT
98.095
10.
11.
12.
13.
E. Vice MayQr MarthaWiniog~
Requeated that policy on usc of city stationary be placed on an agenda
Thanked all who had offered help when her husband had a medical emergency
Complimented the Public Works Director for solving a problem her husband had brought to his
attention
CONSENT AGF. J~A
All items on the consent agenda are conslder~d routine and will be enacted by one motiorr There will be no $~parate discussion of
consent agenda ilema unleas a m~ber of City Council ao nnlutats; in which even& the item will be removed and acted upon separate~.
A. Approval of Minutes - 11/12/98 Workshop, 11/18/98 Workshop, 11/18/98 Regular Meeting
The City Manager read the consent agenda.
MOTION by Paui/Ncuberger
I move to approve the minut~ as pr~entext.
VOICE VOTE on tl~ motion carried 4-0.
pUBLIC HEARING - None
iNTRODI~CrlOE OF NEW BUSI~I~.~$ FROM THE PU~[~IC
Item that has occurred ~' was ~ ~ the tn~knts siz months which is not otherw~ on the agenda - aign-up required- limit
often minutes for each stw. aker
Thc following individuals addresacd City Council:
· Sal Ncglia, 461 Georgia Boul~ard, Sebastian
· Loui~ Kautsmberg, 973 Oswego Avenue, Sebastian
· Leonard Bassi, 573 Browning Terrace, Sebastian
Chief White responded to Mr. Neglia's concerns that parking cxnies are inconsistent and uaenforceable. It
was suggested the City Attorney review them.
Mayor Sullivan called recess at 9:12 p.m. and re~onvened thc meeting at 9:28 p.m. All members present at
roll call were present when the meeting rer. onvened.
¢OMMITTE~E REPORTS/RECOMMENDATIONS
Ao
Tre~ A~I.vj.~O~ Board (.Cib' Clerk Transmittal 11/24/98, One Al~plication, Member List,
1. Interview and Appoint One Altemat~ Member Term to Expire 11/1/2000
City Council interviewed Charles Roth.
4
l~gular City Council Me~ting
Dec. ember 2, 1998
Page Five
DRAFT
MOTION by Paul Sullivan
I'd like to move that w~ go ahead and accept Roth as the alternate member position which
will expire November I, 2000.
VOICE VOTE on the motion can'ied 4-0.
14. OLD BUSINESS
98.093B
Ao
Approve Change Order 2 with Ranger_ConstD$¢tion in tho AIRount of $4.788.56 - COl~rlunity
Deve. lopmcnt BlockGrgnt Proj~t - Tabled from 11/18/95 (Public Works Trar~mittal 11/5/98, C~
Letter' 1 [f3/95, Change Order~
The City Manager gave a brief presentation on the deferred item; and the City Attorney opined that
based on the contract documents, the City could legally defend itself if it chose to deny the change
order item Add-1, but that it is ultimately a policy decision of Council.
TAPE lI - SIDE II (9:40 p.m.)
MOTION by Paul/Neuberger
I'll make a motion to approve change order #2 with deletion of Add item I but keeping and
maintaining number 6 and 19 which are delineators and catch basin.
ROLL CALL:
Mrs. Cartwrig~t - absent
Mr. N~berger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. W'mingcr - aye
MOTION CARRIED 4-0
98.207
Resolufi~ No. R-98-51 - Strateg~ Plan as Appendix_to Comprehensive Plat,,.(_City Attom~ Transmittal
11/24/98~..R-98-513
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER C~UNTY, FLORIDA, REAFFIRM~G RESOLUTION
NO. R-97-70, ADOPTING THE STRATEGIC PLAN FOR THE CiTY OF SEBASTIAN AS LEGISLA~ HISTORY FOR
THE COMPREHENSIVE LAND USE PLAN, PROVIDING FOR USE OF SAME IN INTERPRETING AND
IMI~EMENTING COMPREHENSIVE PLAN, REQUIRJlqG PUBLICATION AS APPENDIX TO COMPREHENSIVE
PLAN, PROVIDING FOR RESOLLrl'ION OF CONFLICTS, PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-51 by title.
MOTION by SullivardNeuberger
I would move approval of Resolution R-98-51 including the strategic plan as part of the
Comprehensive Land Use Plan and adding the priority list.
Regular City Council Meeting
December 2, 1998
Page Six
98.208/
98.088
DRAFT
ROLL CALL:
Mr. Neuberger - aye
Mr. Paul - nay
Mrs. Sullivan - aye
Mrs. Winingex - aye
Mm. Camvright - absent
MOTION CARRIED 3-1 (Paul - nay)
Resolu. O0Rlqo. R-98-52 - Abmdoaing Airpon Prqper~ (C:~Y lV[allager Transmittal 11/24/98, R-98-57,,)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SURPLUS
AIRPORT PROPERTY; ALrrHoRIZING EXECUTION OF LETTER AGREEMENT WITH AND ACCEPTANCE OF
Db-a~ OF RELEASE FROM FEDERAL AVIATION ADMINISTRATION; DIRECTING crrY MANAGER TO OFFER
SAID PROPERTY FOR SALE BY BIIY, SETYIlqG CONDITIONS AND MINIMUM PRICE; PROVIDING FOR
EFFECTIVE DATE.
The City Manager explained the process for abandonment of the subject property. ..
MOTION by Nenberger/Panl
I move to approve Re~lution No. R-98-52 declaring surplus airport property; authorizing
execution of letter agreement with acceptance of deed of release from FAA and directing the City
Managm' to offer the property for sale by bid with minimum bid to b~ $1000.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - nay
Mrs. Cartwright - absent
Mr. Neab~rger - aye
MOTION CARRIED 3-1 (Wining~r - nay)
The City Attorney mad Resolufi~ No. R-98-52 by rifle.
98.139 C.
Resolution No. R-98-53 - Airport Joint pmicii~ationGrant ~nt B~ FDOT and City of ·
Sebastian for a Fuel Farm - Autho. fiZ~ City Manager to Execute (City Manager Transmit, al
1
11/24/98. A. ttom~, M~no, Manager Memo. Propo~] ~etl0
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ALH~ORIZINO THE CITY 1
MANAGER TO EXECU3~ AND THE CITY CLERK TO ATTEST A JoI1wr PARTICIPATION AOREEMENT (GRANT)
WITH THE STATE OF FLORIDA DElaARTMENT OF TRANSPORTATION FOR AN AIRPORT FUEL FACR.ITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE~ AND ·
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-98-53 by title.
R~gular City Council Meeting
December 2, 1995
Page Seven
DRAFT
MOTION by PaulAViainger
I move to adopt Resolution No. R-98-53 approving the Joint Participation Agreement with
the Florida Deparlment of TransPortation and authorizing the City Manager to execute the
agreement.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger -ayc
Mrs. Cartwright - absent
Mr. Nenberger - aye
Mr. Paul -ayc
MOTION CARRIED 4~0
98.001
FirstRcading.of Revis~l Ordinance No. O-98-21 - Falcon Cable Franchise Agr~t - Set Public
H~ittJl~g for 12/_1.6/98 (Ci~ Manager Trallttnittal, Revised O-98-21)
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Alq ORDINANCE OF THE CITY OF SEBA~qTIA~, FLORIDA, GRAlqTINO TO FALCON CABLE MEDIA, A
CAL1FORlqIA LIMFI'ED PARTNERSHIP, TI-IE PERMISSIObl TO OCCUPY MUlqICIPAL STREETS AND RIGEITS-OF-
WAY IN THE CITY OF SEBASTIAI~, FLORIDA, AS A lVlEAlqS OF PROVIDING CABLE TELEVISION SERVICES;
PRF_~CRIBING THE TERMS AND CONDITIONS ACCOMPAbIYING THE GRANT OF FRANCHISE; ~
PRESCRIBING PENALTIES FOR THE VIOLATION OF 1TS PROVISIONS; PROVIDING FOR SEVERABILFrY OF
PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE W1TI-I LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney mad Ordinanc~ No. O-98-21 by tide.
Ken Vickers, Falcon Cable, addressed City Council, noting suggested revisions that had been
submitted by Falcon. Discussion took pla~ on Falcon providing equipment and a suggestion to look
to the high school to provide some services. The City Attorney reviewed re, isions mad~ at the last
me~ing,
TAPE Ill. SIDE I (10:25 p.m.)
It was the consensus of Coancfl to delete the list of equipment on Appendix pages 2 and 3 and to
change "Grantor" to "Indian River County Emergency Services" on line 9 of Appendix pag~ 3.
MOTION ay Sullivan/Paul
I'll move to extend.
ROLL CALL:
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
- aye
- absent
- aye
- aye
- aye
MOTION CARRIED 4-0
Regular City Council Meeting
December 2, 1998
Page Eight
DRAFT
MOTION by Paul/Neuberger
I move to accept tim first reading of Ordinance No. O-98-21 and set the second reading and
public hearing for December 16, 1998 as amended.
ROLL CALL:
Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
MOTION CARRIED 4-0
98209
Eh'st Reading o[ Ordlnance No, 0-98-20 - Material s for Drain~e Pipes UIlder Drivew~ Swales -
Set Public He-all'lng for 12/16/98 (Cily E~ineer Transmittal 11/~198., 0-98-202
AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SEC.'lION 9047
(a) OF THE CODE OF ORD~ OF TIlE CITY OF SEBASTIAN RELATIVE TO DRAINS UNDER DRIVEWAYS
FOR SWALE DITCHES; PROVE)lNG FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SE~tERABIL1TY; PROVIDINO FOR CODIEI. CATION; AND PROVIDING FORAN
EFFE~ DATE.
The City Attorney resd Ordinance No. 0-98-20 by title.
MOTION by paul/W'ml,ger
I move to approve the first reading of Ordinance O-9g-20 and schedule public hearing and
second reading for 12/16/9t5.
ROLL CALL:
Mrs. Cartwfight - absent
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 4-0
MOTION by Paul/Wininger
If we could possibly move that (item lq) up.
VOICE VOTE on the motion carried 4-0.
98.204
~e}_ebastian River Area Chamber of Commerce - Request to Allow Vendors in. Rjvervi~w Park During
Santa Sail-in ojl ~bo' 4, 1998 (Ch~aber Letter)
MOTION by Sullivan/Pad
I would move approval of the Sebastian River Area Chamber of Commerce request to allow
vendors in Rivervie, v Park during the Santa Sail-in on December 4, 1998.
VOICE VOTE on the motion carried 4-0.
Regular City Council Meeting
December 2, 1998
Page Nine
DRAFT
98.210 F.
First Readiag of Ot'l~ancc NOLO-98-23 - Rezoning- Set Ouasi-Judicial Public ~Icaritlg for_
12/16/98 (Growth Man~geg0ent Transmittal 11/24198, 0-98-23, Application, M0g, Staff}~rt,
P& Z R~0mmendation]
AN ORDINANCE OF THE CITY OF SEBAS77AN, IlqDIAI~ RIVER COUNTY, FLORIDA, REZO~G CERTAIN
PROPERTY LOCATED AT 10900 U.S. HIGHWAY 1CONTAINII~G 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO 13I (II, IDUS~); PROVIDING FOR REPEAL OF ORDIN'AI~CES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDIlqG FOR SEVERAB~; ~ PROVIDINO
FOR AN EFFEC12VE DATE.
The City Attorney read Ordinance No. O-98-23 by title only.
Discussion took pla~ on industrial zoning on U.S. 1.
Randy Mosby, Mosby and Associates, addressed Council.
MOTION by Paul/Neuberger
I move to hold the public heating and fa'st
second reading and adoption hearing on De~:mber
reading of Ordinance 0-98-23 and schedule
16, 1998.
ROLL CALL:
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
- absent
- aye
- aye
MOTION TIED 2-2 (No Vote)
When asked the result of the tie vote, the City Attorney said it is no approval and that he would have
to research procedun:s.
Mayor Sullivan moved item M up on the ag~da.
98216
M. ~elease,.l~J~n.- Nanc~v L~ Sanders (Slavens) (City Manager Tr~smittal 11/24/98,.R~leases of Liell)
MOTION by Wininger/Neuberger
I move to approve the release of liens of two code enforcement liens on Lot I 1, Block 146,
Sebastian Highlands, Unit 3, subj~t to payment of all required amounts including interest if
applicable.
ROLL CALL: Mrs. Wininger - aye
Mrs. Cartwright - absent
Mr. Neuberger - aye
Mr. Paul - aye
Ivlrs. Sullivan - aye
MOTION CARRIED 4-0
Regular City Council Meeting
December 2, 1998
Page Ten
98.211
98~212
98~213
98214
98.161
16.
The following items wele not address~ 0gd will be carried ~0 the December 16, 1,9. 98 meeting.
G. Discussion of City Clerk Evaluation (City Clerk Memo 11/16/98)
H. Establish Policy for Charter Officer Evaluafio~ (No Backup)
I. Adopt. Fiscal Year 1999 Priority List Si& Yard Culvert Installation (City Engineer Transmittal
11/20/98, Priority Lis0
J. Authorize City Manager to Purchase Three Hand-Held Rad~ Radar Units fi'om Applied Concepts,
Inc. for Police Depamnent - $6,330 - Sole Source (Police Transmittal 11/16/98, Quote, $ole~Souree
Smtem n0
L. Approve Change Order with Applied Aquatic Mnnagement Inc. in the Amount of $6,000 (Public
Works Transmittal 11/24/98, Change Order 1)
Mayor Sullivan adjourned the Regular Meeting at 10:58 p.m.
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Katb_rya M. O'Hallo~x, CMC/AAE
City C~erk
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Subject: Use of Riverview Park for
Easter Sunrise Service by the Sebastian
River Evangelical Minister's Fellowship
on April 4, 1999.
Approved for Submittal by:
Thomas W. Frame, City Manager
Letter from Rev. Tom Kem. pf
Expenditure [ Amount Budgeted:
n/a
City of Sebastian, Florida
Agenda No.
Department Origin: City Manager
Date Submitted: December 10, 1998
For Agenda of: December 16, 1998
Appropriation Required:
n/a
SUMMARY
The Sebastian River Evangelical Minister's Fellowship is requesting the use of Riverview Park
for the Easter Sunrise services including the electricity and the use of bleachers. It would be
used Sunday morning, April 4, 1999.
RECOMMENDED ACTION
Move to approve the use of Riverview Park by the Sebastian River Evangelical Minister's
Fellowship on April 4, 1999, for an Easter sunrise service to include the use of electricity
and bleachers.
Community Baptist Church
Rcv. Ran Barber
Baptist Fellowship
Rcv. Jim Wingate
Felkrner, Church Of God
Rcv. Gary Dansby
Grace United
Methodist Church
R~'v. Jim lsaacson
Highlands Chapel
Church Of God
Rcv. Howard Hanley
Micco First Baptist Church
Rcv. Richard Pho't',
New Hope Ministries
Rc~. Jack
New Life Christian Canter
Rev. Gene
Riverside Church
Assembly O[ God
Rev. T~rn I~,npf
Rev. Grant Foster
Sebastian First Church
O~ The Nazarene
Rev. Mike Lyle
~ebastian River
Worship Center
Rcv. Harold Lee
.Ecv. Frank Carave#o
Chaplain,
~,;oast~a~ Police Dept.
Rcv. Maynard Sweigard
Chaplain,
brian River Cou~ty
~ heriff's Department
"l ,~.,, the way, the tn, th.
and the life. No one
t,, the F.,th~ except through
Sebastian River
Evangelical Ministers' Fellowship
PO Box 780067 - Sebastian, FL 32978
FAX: (561) 589-7425 - E-Mad: Riverhfe@Juno.com
November 20, 1998
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
ATTENTION: Thomas Frame, City Manager
Dear Mr. Frame:
We respecthlly request the use of the Riverview Park gazebo facility for an
Easter Sunrise Service on April 4, 1999 from 6:00am to 8:00am.
· Please arrange to have the two sets of bleachers set up facing the river on.
the west side of the gazebos.
· Please be sure we have electricity at the outlets in the ga2abos.
We word appreciate your confirming these arrangements in writing to the
above address, so we can begin planning our promotion.
Thank you for your assistance and past cooperation with the churches in
Sebastian in making this special service a popular and worthwhile occasion.
Sincerely,~
Rev. Tom Kempf, Pastor
Riverside Church
I
City of Sebastian
Sebastian, Florida $29~8
Telephone (~61)
FAX (561) 589-5570
Subject: Ordinance No. 0-98-20
Culvert Pipe Under Driveways
Agenda No. ~y. ~0~
Department Origin: City Manager
Approved for Submittal by: City Manager
Exhibits: Ordinance No. 0-98-20
Date Submitted: 12/10/98
For Agenda of: 12/16/98
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY $1'AT£M£NT
City Council, at its November 18, 1998 Regular Meeting, approved the first reading of Ordinance
No. 0-98-20 regarding drains under driveways for swale ditches, and scheduled the second
reading and public heating for December 16, 1998.
KECOMMENDED ACT]ON
Conduct the public hearing and move to adopt Ordinance No. O-98-20.
ORDINANCE NO. 0-98-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, A.M]g~ING SECTION 90-87 (a) OF ~ CODE OF
ORDINANCES OF TKE CITY OF SEBASTIAN RELATIVE TO DRAINS ,,
UNDER DRIVEWAYS FOR SWALE DITCHES; PROVIDING FOR REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,; the City Council oftbe City of Sebastian deems it in the best interest of the-
public health, safety and welfare to specify materials for drains under driveways for swaleditche~;
and '
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCEL OF TE[E CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~;ECTIOI~ L Section 90-87 of the Code of Ordinances is hereby amended to. read as
follows:
"Sec. 90-87. Drains under driveways for swale ditches.
(a) Ail driveways over a swale ditch shall be provided with a swale drainage pipe with a
minimum size of 12 inches diameter or greater if deemed necessary by the city engineer. TIlE PiP.~
shah be cons~cted of corrugated alu~i~um~ high-density polyethylene_ or reinforq~d concrete pipe.
The pipe shall be installed under the driveway at the proper elevation and set back as established by
the approved GDC drainage plans, this Code, and/or established by the city engineer. The minimum
length of the drainage pipe shall be the width of the driveway plus a minimum of four feet on each
side of the driveway or additional length on each side of the driveway to provide for a three
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horizontal to one vertical slope fi.om the top of the driveway surface to the bottom of the drainage
pipe or greater length as deemed necessary by the city engineer. A standard mitered eBgt headwall
shall be required in all cases at both sides of the pipe to avoid interference from grass or sediments."
SECTION 2. CONFLICTS: All Ordinances and Resolutions or parts thereof in conflict
herewith are, to the extent of such cortfflCt, superseded and repealed.
SECTION 3.' SEVERABIELITY. If any section, provision, clause, phrase, or application
of this Ordinance is held invalid or unconstitutional for any reason by any court of competent
jurisdiction, the remaining provisions of this Ordinance shall be deemed severable therefrom and shall
be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.
:~ECTION 4. CODIFICATION. It is the intention of the City Council and it is hereby
ordained that the provision of this Ordinance shall become and be made part of the Code of
Ordinances of the City of Sebastian, Florida.
~ECTION_~ EFFECTWE DATE: This Ordinance shall take effect within thirty days of
its adoption.
The foregoing by Councihnember
Ordinance was moved for adoption
. The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Charles Neuberger
The Mayor thereupon declared this Ordinance duly passed and adopted this
,1998.
CITY OF SEBASTIAN, FLOP, IDA
By:
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Rich Stringer
City Attorney
day of
I
of Sebastian
1225 Main Street
Sebastian, rlorida 32958
Telephone (5~1)
FAX (561)
Subject: Ordinance No. O-98-21
Falcon Cable Franchise
Agenda No. ~~/
Department Origin: City Manager
Approved for Submittal by: City Manager Date Submitted: 12/10/98
/
~.~e~ ~c.) :-"~ox4~-~,- For Agenda of: 12/16/98
Exhibits: Ordinance No. O-98-21 (Second Re~ion)
Expenditure Required:
Amount Badgeted:
Appropriation Required:
SUMMARY ~'ATDal~N~
City Council, at its November 18, 1998 Regular Meeting, held a first reading on'propoSed
Ordinance No. O-98-21. Due to the many revisions made at that meeting, another first reading
was scheduled for December 2, 1998. ' '
At the December 2, 1998 meeting, three minor revisions were made, and City Council moved to
accept the first reading of Ordinance No. O-98-21 as revised, and scheduled a second reading and
public hearing for December 16, 1998.
RECOMAMI~NDgD ACTION
Conduct the:
d move to adopt Ordinance No. O-98-21.
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ORDINANCE NO. O-98-21
AN ORDINANCE OF THE CITY OF SEB~TIAN, FLORIDA
GRANTING TO F~LCON CABLE MEDIA YENTU~ES,
~NCOPOPd%TED, A C~LIFOP~NIA LIMITED P~SHIPL
THE PERMISSION TO OCCUPY MUNICIPAL STREETS
RIGHTS-OF-WAY IN THE CITY OF SEBASTIAN,
FLORIDA, AS A MEANS. OF PROVIDING CABLE
T~LEVISION SERVICES; PP~SC~IBINGTHE TKRMS AND
CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE; AND PRESCRIBING P~N~LTIES FOR THE
VIOLATION OF ITS PROVISIONS; PROVIDING FOR
SEVERABILITY OF PROVISIONS; PROVIDING FOR
PUBLICATION IN ACCORDANCE WITH LAW; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED THAT:
Section 1. PinQings
Pursuant to .the procedures in the Cable Act (as defined inSection
3), and Section 166.046 of.the Florida Statutes (~nicipalities -
Definitions; minimum standards for cable television .franchises
imposed upon counties and municipalities), the Grantor(as-~defined
in Section 3) has held a public hearing where the following issues
related to granting a cable television franchise to Grantee were
considered: (I) the economic impact upon private property within
the City; (ii) the public need for such franchise} "~"(~i-ii)~the
capacity of Public R~ghts-of-Way to accommodate.the Cable~yS%em,
(iv) the present and future use of the public Rlghts'°f-wa~.-tObe
used
by the Cable System; (v) the potential disruption to existing
users of the public rights-of-way to be used by the Cable System
and the resultant inconvenience which may occur to the public; (vi)
the financial ability of the franchise applicant to perform; and
(vii) other societal interests as are generally considered in cable
television-franchising. The Grantor has determined to grant a new
cable television franchise to Falcon Cable Media, a California
limited partnership, (the "Grantee") on the terms and conditions
set forth in this ordinance, and the Grantee agrees~to such terms
and conditions.
Section 2. Short Title
This Ordinance shall be known and may be cited as the Falcon Cable
Media Cable Franchise.
Section 3. Definitions
For purposes of this Ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words in the present tense
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include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
"Abandonment" means: () the cessation, by act or failure to act of
the Grantee of the provision of all, or substantially all, of the
Services then being provided over the System to Subscribers or the
Grantor for twenty four (24) or more consecutive hours, except if
due to an event beyond the control of the Grantee; or (ii) the
completion of any action described in Section 14 of this Ordinance
without the prior written consent of the Grantor.
"Affillate4 Person" means each Person who falls into one or more' of
the following categories:( i) each Person having, directly or
indirectly, a.Controlling Interest in the Grantee; (ii) each Person
in which the 'Grantee has, directly or indirectly, a Controlling
Interest; (iii) each officer, director, general partner, limited
partner holding an interest of fifteen percent (15%) or more, joint
venturer or joint venture partner, of the Grantee; and (iv) each
Person, directly or indirectly, controlling, controlled by, or
under common Control with, the Grantee; provided that "Affiliated.
Person" shall in no event mean the Grantor, the entity, if 'any,
administering some or all 6f the Access Channels, any limited
partner holding an interest of less than fifteen percent (1§%).~of
the Grantee, or any creditor of the Grantee solely by virtue of fits
status as a creditor and which is not otherwise an Affiliated
Person by reason of owning a Controlling Interest in, being~owned
by, or being under common ownership, common management,.or common
Control with, the Grantee.
"Basic Service" means that level of Cable Services distributed over
the Subscriber Network, which, at a minimum, shall include:( i )all
Signals carried on the System in fulfillment of the requirements of
Sections 614 and 615 of the Cable Act (47 U.S.C. §§ 534 and 535,
respectively); (ii) any access Channel programming required by this
Ordinance to be provided to Subscribers; (iii) any Signal of any
broadcast station provided by the Grantee to any Subscriber, except
a Signal which is secondarily transmitted by a satellite carrier
beyond the local service area of such station; and (iv) any other
Cable Services offered as Basic Service.
"Cable Act" means the .Cable Communicakions Policy Act of 1984, 47
U.S.C. §§ 521-611 (1991) and any ey~i~tiDg or subs~quen~ amendments
thereto, including amendments made by the Telecommunications Act of
1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable
Television Consumer Protection and Competition Act of 1992, Pub. L.
No. 102-385, 106 Stat. 1460 (1992), codified at 47 U.S.C. §§151-611
(1993) and any amendments thereto, including amendments made by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 5~
(1996), all of which, among other things, are amendments to the
Communications Act of 1934, 47 U.S.C. §§ 151-611 (1991).
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"Cable Servioe" means: (i) the one-way transmission to Subscribers
of video programming or other programming service and (ii)
Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
"Cable System" means any facility, consisting of a set of closed
transmission paths 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 a community, but such term does not include (i)
a facility that serves only to retransmit the television signals of
one or more television broadcast stations; (ii) a facility that
serves subscribers without using any public Right-of-Way; (iii) a
facility of a common Carrier which is subject, in whole or in part,
to the provisions of subchapter 11 of the Communications Act of
1934, except to the extent such facility is used in the
transmission of video programming directly to subscribers; or (iv)
any facilities of an electric utility used solely for operating its
electric utility system.
'Channel' means a band of frequencies in the electromagnetic
spectrum, or any other means of transmission (including, without
limitation, optical fibers or any other means now available or that
may become available), which is capable of carrying--a video Signal,
an audio Signal, a voice Signal, or a data Signal.
'Control' or 'Controlling Interest' means actual working control.'~in
whatever manner exercised, including, without limitation,-..working
control through ownership, management, debt .instruments,....or
negative control, as the case may be, of the System, the Franchise
or the Grantee. .
"Economically and Tech~i~ally Feaslble a~d ¥iable" means capable of
being provided: (a) through technology which is readily available
with reasonable delivery schedules from two (2) or more sources of
supply and has been demonstrated in actual operating conditions
(not simply through tests or experiments) to operate in.a workable
manner; and (b) in a manner which has a reasonable likelihood of
generating a reasonable return on the Grantee's investment when
measured over the remaining term of the Franchise.
'FCC' means the Federal Communicatior7 Commission,~its designee, or
any successor thereto.
"Franchise Area' means the area consisting of the corporate limits
of the City of Sebastian, as its border may be changed from time to
time.
'Grantee" or 'Fr~gchisee" means Falcon Cable Media, a California
limited partnership, whose principal place of business is located
at 10900 Wilshire Boulevard, 15=h Floor, Los Angeles, California
90024
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"Grantor" or 'Franchisor' means the City of Sebastian, Florida, or,
as appropriate in the case or of specific provisions of this
Ordinance, any board, bureau, authority, agency, commission,
department of, or any other entity of or acting on behalf of, the
city of Sebastian, Florida, or any duly a%[hori~/~ officer,
official, employee, or agent thereof, any designee of any of the
foregoing, or any successor thereto.
"Gross Revenue" means all revenue, including advertising revenue,
which is received by the Grantee, by any Affiliated Person, and any
other Person from or in connection with the distribution of any
Service on the System or the provision of any service related
activity in connection with providing Service on the System. Gross
Revenue shall.not include the revenue of any Affiliated Person and
other Person, including, without limitation, a supplier of
programming of the Grantee, to the extent that said Revenue is also
included in Gross Revenue of the Grantee. In no event shall Gross
Revenue include any revenues otherwise classified as Non-cable
Service ~evenue (~ described below) under federal or state law or
any revenue of the Grantee or any other Person which is received
directly from the sale of merchandise through any Service
distributed over the System (other than that portion of such
revenue which represents or can be attributed to a Subscriber fee
or a payment for the use of the System for the sale of such
merchandise, which portion shall be included in Gross Revenue).
There shall be deducted from Gross Revenues: bad debts written off
by Grantee in normal course of its business provided however, that
bad debt recoveries from or in connection with the distribution of
any Service on the System or the provision of any service related
activity in connection with providing Service on the System shall
be included in Gross Revenue; and refunds made to Subscribers or
other third parties.
Gross Revenues shall not include:
(1) Any tax of general applicability imposed upon a Grantee or upon
the Grantee s subscribers by the City, state, federal or any other
governmental entity and required to be collected by the Grantee and
passed through to the taxing entity (including, but not limited to,
user taxes, service taxes and,communications taxes)', provided such
taxes are identified as a separate line item on subscriber
statements;
(2) Any revenue received by the Grantee from any Person for
services not attributable in whole or in part to its Cable System
or to other communications services serving the City, including
but not limited to revenue derived from electronics retailing,
mail marketing or telephone answering services independent of
Grantee's Cable System or other communications services, delivery
services and video production services for programming or other
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communications services which are not transmitted over or used in
connection with the System; and
(3) Any foregone revenue which Grantee chooses not to receive in
exchange for its provision of free or reduced cost cable or other
communications services to any Person, including without
limitation, employee of the Grantee, public institutions or other
institutions designated in a Franchise Agreement; provided,
however, that such foregone revenue which Grantee chooses not to
receive in exchange for trades, barters, services or ether items
of value shall be included in 'Gross Revenues".
"Non-cable Service" means any Service which is distributed over
the System, other than a Cable Service.
"Pay Service" means any Cable Service offered on a per Channel or
per program basis.
"Person" means any natural person or any association, firm,
partnership, joint venture, corporation, or other legally
recognized entity, whether for-profit or not-for-profit, but
shall not mean the Grantor.
"Rights-of-Wa~' means all of the public streets, alleys,
highways, waterways, bridges, easements, and sidewalks of the
City of Sebastian to the extent to which there exists public
easements or public rights of way suitable to accommodate
Grantee's facilities, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present
limits of the City, or in such territory as may hereafter, be
added to, consolidated or annexed to the City. .~..
"Service" means any Cable Service, including any Basic ser%i~e,
and any other related service, such as, the provision of any
equipment and any installation of equipment or facilities and
monthly use thereof, whether originated by the Grantee or any
other Person, which is offered to any Person in conjunction with,
or distributed over, the System.
"State-of-the-Art" or "State of the ~rt' as applicable, means
that level of technical or service performance, capacity and
capa~%lity (including, but not limited to,~plant or other
equipment; construction techniques; customer service; facilities,
equipment, systems and operations; and performance standards)
which has been developed and demonstrated in the cable indUstry
to be workable and ~ ....
~'b~.~..~from time to~"~ime~throughout the term of the Franchise.
"Subscriber' means any Person lawfully receiving any Service
provided by the Grantee by means of or in connection with the
System, whether or not a fee is paid for such Service.
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'Subscriber Network" means that portion of the System over which
Services are provided primarily to residential Subscribers.
"System" means the Cable System which is to be constructed or
leased, operated, maintained and upgraded, as necessary, by the
Grantee pursuant to this Ordinance, including, without
limitation, all of Grantee's rights to and interest in all real
property, all tangible and intangible personal property,
buildings, offices, furniture, leases, Subscriber lists, cables,
amplifiers and all other electronic devices used i~ the Franchise
Area in connection therewith and all of Grantee's rights to and
interest in all rights, contracts and understandings with regard
to any matter related thereto.
Section 4. -- Grant of Authority
(A) There is hereby granted by Grantor, to Grantee, the rights
and privilege to construct, erect, operate, own and maintain, in,
upon, along, across, above, over and under Rights-of-Way now laid.
out or dedicated, and all extensions thereof, and additions thereto'
in the Grantor, poles, wires, cables, underground conduits~
manholes and other communication fixtures and utility structures
necessary or proper for the maintenance and operation of the System
in accordance with the provisions of this Ordinance; and in
addition, so to use and operate similar facilities or properties
including, but not limited to, any public utility, rented or leased
from other Persons, including, but not limited to, other grantees
franchised or permitted to do business in the City. This Franchise
is awarded subject to all applicable City ordinances and
regulations, provisions of general or special laws of Florida, and
the federal laws and regulations.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way
to provide Cable Services only and only within the Franchise Area.
(C) The Franchise is nonexclusive. Nothing in this Ordinance shall
affect the right of the Grantor to grant to any Person, or to
itself, a franchise, consent, or right to occupy and use the
Rights-of-Way, or any part thereof, for the construction,
operation, or maintenance of all or any part of a Cable System
within the Franchise Area or for any other purpose.
(D) This Section 4(D) shall be applicable if the Grantor exercises
its right to grant to any third party one or more franchises for
the construction, operation or maintenance of a cable system
pursuant to the Cable Act, and shall be implemented consistent with
Section 166.046 of the Florida Statutes (Municipalities -
Definitions; minimum standards for cable television franchises
imposed upon counties and municipalities).
If the Grantor exercises its right to grant to any third party one
or more franchises (hereinafter "Additional Cable Franchise
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Ordinance') for the construction, operation or maintenance of a
Cable System pursuant to the Cable Act and the Grantee believes the
Additional Cable Franchise Ordinance pursuant to which such
Additional Cable Franchise Ordinance is granted bestows benefits or
imposes burdens on the franchisee which, onbalance, are materially
more advantageous to such third party than the benefits bestowed
and burdens imposed on the Grantee by this Ordinance are to the
Grantee, then the Grantee may request that the Grantor make a
determination to such effect and, in the event of such a
determination, renegotiate the terms and conditions of this
Ordinance as provided below. The Grantee may only request such a
determination if the Grantee is in substantial compliance with the
material provisions of this Ordinance.
In the event of such a request, the Grantor shall determine, under
its standard procedures, whether the Additional Cable Franchise
Ordinance bestows benefits or imposes burdens on the third party
which, on balance, are materially more advantageous to the third
party than the benefits and burdens imposed by this Ordinance are
to the Grantee.
In making a determination under this subsection, the Grantor may
consider factors such as, but not limited to: (i) the term of each
franchise; (ii) the franchise fee to.be paid by each.franchisee,
including the Grantee; (iii) the number and density 'of dwelling
units to be served; (iv) differences in construction, operational
and maintenance costs; (v) differences in -required system
characteristics, including State-of-the-Art requirements; (vi)
differences in service obligations, including public, educational
and governmental access and institutional service requirements;
(vii) differences in permitted company fees and charges; and (viii)
such other factors and considerations as it considers to be
relevant to an inquiry into the overall economic comparability of
the agreements.
If the Grantor determines that the Additional Cable Franchise
Agreement bestows benefits and imposes burdens on the third party
which, on balance, are materially more advantageous to the third
party than the benefits bestowed and burdens imposed by this
Ordinance are to the Grantee, then upon the Grantee's request, the
Grantor and the Grantee shall enter into good faith negotiations to
seek to modify this Ordinanc. to bestow benefits and impose burdens'
which, on balance, create overall economic comparability between
this Ordinance and the Additional Cable Franchise Agreement.
(E) Nothing in this Ordinance shall be construed to prohibit the
~zantor Grante~ from ( i )operating as a multichannel video
programming distributor in the Franchise Area, notwithstanding the
granting of one or more franchises by the Grantor or (ii) requiring
the Grantor to secure a franchise to operate as a multichannel
video programming distributor.
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(F) Nothing in this Ordinance shall ( i )abrogate the right of the
Grantor to perform any public works or public improvements of any
description, (ii) be construed as a waiver of any codes or
ordinances of the Grantor or of the Grantor's right to require the
Grantee or any Person utilizing the System to secure the
appropriate permits or authorizations for such use, or (iii) be
construed as a waiver or release of the rights of the Grantor in
and to the Rights-of-Way. In the event that all or part of the
Rights-of-Way within the Franchise Area are eliminated,
discontinued and closed, the Franchise shall cease with respect to
such Rights-of-Way upon the effective date of the final action of
the Grantor with respect thereto.
(G) Nothing in this Ordinance authorizes the Grantee to provide
non-cable services. Consistent with applicable law, the Grantee may'
petition the Grantor for the authority to provide Non-cable
Services, and the Grantor may grant such authority on terms and
conditions that the Grantor reasonably determines are appropriate
in the circumstances.
Section 5. - Term of Franchise
(A) The Franchise and rights herein granted shall.take effect and
be in force from and after the final passage hereof, as required by
law and upon the filing of an acceptance by Grantee of all the
terms thereof with the Grantor and shall, unless sooner terminated
pursuant to this Ordinance or applicable law, continue in forceand
effect for a term of ten (10) years after the effective"date of
this Franchise. Falcon Cable Media, a California~'limited
partnership shall have the option to renew this franchise for an
additional term of five (5) years, provided that it is in
substantial compliance with the material terms of this ordinance at
the time of its expiration, by providing Written notice of the
intent to renew to Grant~r in the ~im~ aba ~anner provided bY
federal i~W or~ in the absence Qf such'g~i~a~ce, no later than
three (3) years prior ~o expiration of the initial term herein.
(B) If the Grantor grants a subsequent cable operator in its
negotiation process a term longer than ten (10) years, and if the
terms and conditions of Section 6, the definition of Gross Revenue
in Section 3. and Appendix C of this Franchise are.not materially
less favorabae to th · Grantor than the similar termS and conditions
of the grant of franchise between the Grantor and the subsequent
cable operator, the Grantor will change the length of the.term of
this Franchise to the same length of the term granted to the
subsequent cable operator.
(C) Subject to Section 626 of the Cable Act (47 U.S.C. § 546), the
Grantor reserves the right to grant or deny renewal of the
Franchise.
Section 6. - Compensation an4 Other Payments
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(A) As compensation for the Franchise, the Grantee shall pay, or
cause to be paid, to the Grantor the amounts set forth in this
Section 6 (A)
(1) The Grantee shall pay to the Grantor franchise
precent (3%) of Gross Revenue, as defined herein.
fees of three
(2) Ail such payments of franchise fees shall be made on a
quarterly basis and shall be remitted simultaneously with .the
submission of the Grantee's quarterly report required pursuant to
Section 6(A)(3). The franchise fee shall be carried on the books
of the franchisee as an operating expense and, to the extent
allowed bY l~w, shall not be itemized on the company's subscriber
bills.
(3) The Grantee shall submit to theGrantor a report, in such form
and containing such detail as the Grantor shall reasonably require~
not later than thirty (30) days after the last day of each quarter
throughout the term of this Ordinance setting forth the Gross
Revenue for the preceding quarter.
(4) No acceptance of any franchise fee payment by.the Grantor shall
be construed as an accord and satisfaction that the amount paid is
in fact the correct amount for a release of any claim that .the
Grantor may have, or further or additional sums payable under this
Ordinance, and all amounts paid shall be subject to audit and
recomputation by the Grantor.
If, as a result of such audit or any other review, the Grantor
determines that the Grantee has underpaid its fees in any twelve
(12) month period by five percent (5%) or more, then, in addition
to making full payment of the relevant obligation, the Grantee
shall reimburse the Grantor for all of the reasonable costs
associated with the audit or review, including all reasonable out-
of-pocket costs and fees for attorneys, accountants, and other
consultants.
(5) If the Grantee collects from Subscribers any amounts to be paid
to leased access programmers for the provision 3f Services on the
System that would not otherwise be included in the definition of
Gross Revenue, the Grantee shall deduct the same percentage from
such amounts as the then-applicable franchise fee percentage
pursuant to Section 6(A)(1) and include such deducted amounts in
its payment to the Grantor pursuant to this Section 6(A) and
include such payments in its report pursuant to Section 6(A) (3).
(6) The Grantee shall ensure, through contract or other
arrangement, that any Person other than the Grantee who collects
from Subscribers amounts that would constitute Gross Revenue if
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received directly by the Grantee (e.g., from a Person who leases a
Channel pursuant to Section 612 of the Cable Act) is required to
remit to the Grantor quarterly a percentage of such amounts
collected which is equal to the then-applicable franchise fee. Such
contract or arrangement must also require the Person to submit a
quarterly report which meets the requirements of Section 6(A)(3)
and must entitle the Grantor to enforce the fee and reporting
requirements directly against the Person.
(B) The parties agree that the compensation and other payments to
be made pursuant to this Section 6 and any other provision of this
Ordinance are not a tax and are not in the nature of a tax and .are
in addition to any and all taxes of general applicability or other
fees or charges (inclUding any fees or charges which may be imposed
on the Grantee. for the use of poles, conduits or similar facilities
that may be owned or controlled by the Grantor) which the Grantee
or any Affiliated Person shall be required to pay to the Grantor.
(C) If any payment required by this Ordinance is not actually
received by the Grantor on or before the applicable date fixed in
this Ordinance or by the Grantor, the Grantee shall pay'interest
thereon, from the due date to the date paid at a rate of one
percent (1%) per month, compounded monthly, for the period of
delinquency. If the Grantor retains an attorney'-to collectS.any
payment, and it prevails, Grantee shall be obligated to reimburse
Grantor for its reasonable costs and fees incurred in collecting
the delinquent payment. "
(D) If the Grantee continues to operate all or any part of the
System after the term of the Franchise, then the Grantee shall
continue to comply with all' applicable provisions of this
Ordinance, including, without limitation, all compensation and
other payment provisions of this Ordinance, throughout the period
of such continued operation, provided that any such continued
operation shall in no way be construed as a renewal or other
extension of the Franchise.
Section 7. - The Syste~
(A) The Grantee shall construct, operate, maintain, and upgrade the
System as provided in this ordinance.
(B) The Grantee shall build the System in the schedule and-as
otherwise provided in Appendix A. Upon completion of the System, it
shall be capable of providing at least eighty-four (84) activated
downstream video Channels, and a minimum upstream capacity of
thirty-five (35) MHZ, an emergency override mechanism tied into the
Indian River County Emergency Management Services, and the other
characteristics set forth on Appendix A.
(C) The Grantee shall construct operate, maintain and upgrade the
System such that it is capable of transmitting and receiving
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signals to and from any other Cable System in the City of
Sebastian.
(D) The Grantee shall comply with the terms set forth in Appendix
B in connection with all work involved in the construction,
operation, maintenance, repair, upgrade, and removal of the System,
in addition to any other requirements or procedures reasonably
specified by the Grantor. All work involved in the construction,
operation, maintenance; repair, upgrade, and removal of the System
shall be performed in a safe, thorough and reliable manner using
materials of good and durable quality. If, at any time, it is
determined by the Grantor or any other agency or authority of
competent jurisdiction that any part of the System, including,
without limitation, any means used to distribute Signals over or
within the S~stem, is harmful to the health or safety of any
Person, then the Grantee shall, at its own cost and expense,
promptly correct all such conditions.
(E) Except for actions brought pursuant to Section 768.28, Florida
Statutes, neither the Grantor nor its officers, employees, agents,
attorneys, consultants or independent contractors shall have any
liability to the Grantee or any Affiliate Person for any liability
as a result of or in connection with the protection, breaking
through, movement, removal, alteration, or relocation of any part
of the System by or on behalf of the Grantee or the Grantor in
connection with any emergency, public work, public improvement,
alteration of any municipal structure, any change in the grade or
line of any street, or the elimination, discontinuation, and
closing of any street, as provided in this Ordinance.. Provided,
however, this provision shall not protect.the Grantor!s. officers,
employees, agents, attorneys, consultants or independent
contractors from liability arising out of acts'made'in bad faith,
with malicious purpose, or in a manner exhibiting wantoD and
willful disregard of human rights, safetyor property.
(F) Performance Bond
(1) To guarantee the timely construction of the System and of any
upgrade undertaken during the term of this Ordinance, to ensure
that the operation of the System continues in an orderly and
uninterrupted manner in the event of a default by the Grantee, and
for the other purposes specified in Sec%ich 7(F)(3) hereof, the
Grantee shall arrange for, and shall maintain throughout the term
of this Ordinance, a performance bond solely for the protection of
the Grantor, with a corporate surety and trust company acceptable
to the Grantor, as provided in this Section.
(2) The performance bond shall be in a face amount of Fifty
Thousand Dollars ($50,000.00).
(3) The performance bond shall indemnify the Grantor, up to the
full face amount of the bond, for (i) the cost to continue any
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upgrade of the System in the Franchise Area and to maintain
operation of the System following a termination of this Ordinance
until the face amount of the bond, plus all net revenue actually
received through the continued operation of the System during said
period, have been exhausted; (ii) any loss or damage to any
municipal structure or property during the course of any
construction or operation of the System; (iii) any other costs, or
loss or damage actually incurred by the Grantor as a result of the
Grantee's failure to perform or other breach of its obligations
pursuant to this Ordinance; (iv) the removal of all or any part of
the System from the Rights-of-Way; (v) the payment of compensation
set forth in this Ordinance; (vi) the payment of premitums for-the
liability insurance required pursuant to this Ordinance; (vii) the
removal of the System from the property of the Grantor at the
termination of.this Ordinance, however terminated, at the election
of the Grantor, pursuant to this Ordinance; (viii) the payment to
the Grantor of any am6unts for which the Grantee is liable pursuant
to Section 16 which are not paid by the Grantee's insurance; (ix)
the payment of any other amounts which become due to the Grantor
pursuant to this Ordinance or law; and (x) any costs, losses or
damages incurred by the Grantor as a result of a default of the
Grantee's obligations under this Ordinance.
(4) The performance bond shall be in a form approved by the city
Attorney. Such approval shall not be unreasonably withheld. Such
bond shall provide that it may not be canceled withoutthe consent
of the Grantor. The Grantor will be given Sixty (60) days written
notice by registered mail, return receipt requested of intent to
cancel or not renew this bond, or any reduction in the face amount
of the bond. ~.:.
(5) The faithful performance by and the liability of the Grantee
pursuant to this Ordinance shall not be limited by the acceptance
of the bond required by this Section 7(F).
(6) Throughout the term of this Ordinance, or for as long as the
Grantee operates the System, which ever period is longer, and for
at least ninety (90) days thereafter, the Grantee shall maintain
the performance bond in the amount specified in this Section
7(F)(2). Within fifteen (15) business days after receipt of notice
from the Grantor that any amount has been withdrawn from the
performance bond, as provided in this Section, the Grantee shall
restore the performance bond to the amount required pursuant to
Section 7(F)(2), provided that said restoration obligation shall be
suspended during the period of any judicial challenge 'by the
Grantee to the propriety of said withdrawal from the performance
bond. If a court determines that said withdrawal by the Grantor was
improper, the Grantor shall restore the improperly withdrawn amount
to the performance bond.
(7) The Grantor shall have the right to withdraw amounts from the
performance bond to cure any breaches of obligations for which the
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performance bond acts as security, provided, however, that the
Grantor shall not make any withdrawals by reason of any breach for
which the Grantee has not been given written notice and an
opportunity to cure pursuant to Section 15 of this Ordinance,
including notice that the Grantor may make a withdrawal from the
performance bond. The withdrawal of amounts from the performance
bond shall constitute a credit against the amount of the applicable
liability of the Grantee to the Grantor but only to the extent of
said withdrawal.
Section 8. - Service Obligations
(A) Grantee shall make Service available to any Subscriber within
the City upon Subscriber's request and at the standard connection
charge if the. connection requires no more than a one hundred fifty
(150) foot aerial or underground drop (hereinafter the "Standard
Drop"), measured from the new Subscriber's residence or place of
business to Grantee's nearest activated coaxial Qr ~i~r optic
distribution line, and includes one (1) outlet and standard
materials. The Grantee shall be required to provide service'to any
customer request wherein that customer is located along a.road
right-of-way with at least twenty five homes per mile. SuCh homes
may be on either or both sides of the measured right-of-way.
(B) If making service available requires more than a Standard.~Drop
(such as a wall fish installation), Grantee may, after so:inf°rming
the Subscriber, charge the Subscriber (i) the standardi'con~eCtion
charge and (ii) an amount equal to the. reasonable.~.:i.
actual labor (including wages, benefits andi.~ayroll taxeS),
material and other costs incurred by Grantee for the.additiOnal
facilities and work including related overhead (i.ei"superVision,
tools, materials, and minor materials); in the alterative,.Grantee
may charge an appropriate and reasonable hourly service charge for
the entire installation. Extension to new subdivisions or
developments within the Franchise Area shall be commenced within
thirty (30) days after a request for Service and Service shall be
activated within ninety (90) days, unless the Grantor consents to
some other time period.
(C) In addition to the obligations set forth in Section 8(A) and
8(B) above, for requests of service by commercial, industrial, and
non-reside'rial customers requiring more than 'a"Standard Drop,
Grantee shall, within one hundred twenty (120) days following a
request for service from any potential commercial, industrial or
non-residential customer, estimate the costs per customer of
supplying services to all the potential contiguous customers within
an area reasonably defined by Grantee, including the potential
customer requesting service. Grantee shall ( i) provide the
potential customer requesting Service with a written estimate of
the costs of providing that customer with Service, along with an
statement that such costs shall only apply if all (or a specified
percentage) of the other potential commercial, industrial or non-
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residential costumers in the service area defined by Grantee also
request comparable Service, and (ii) to the e~tent allowed by law,
offer to provide the potential customer requesting Service as well
as all the other potential contiguous customers, with a list of the
names and addresses of all the potential customers in the area
defined by Grantee. If the potential customer requesting Service
asks Grantee in writing for such a list of names and addresses,
Grantee shall, at its cost, provide the potential customer
requesting Service and all the other potential customers in the
defined service area with a copy of such written estimate of costs
and the names and addresses of all such potential customers in the
defined service area, thereby enabling the potential customer
requesting Service and all the other potential customers in the
defined area jointly to agree to obtain Service at the lowest
possible grouplrates; provided, however, that Grantee shallonly b~
required to provide such a list of names and addresses if a
commercial service is reasonably available to provide Grantee with
such a list. Grantee may require that such customer or customers
enter contracts which will reasonably assure adequate revenues to
provide Grantee with recovery of the full costs and expenses of
constructing and operating the line extension, including .a
reasonable return on investment over the first five years of
operation. Grantee shall provide the Grantor with one (1) copyof
the written cost estimates and any list of names and addresses of
potential customers provided to the potential customer requesting
Service.
(D) Throughout the term of
endeavor to offer to all
programming services.
the Franchise,
Subscribers a
the Grantee shall
diversity of video
(E) The Grantee shall not discriminate or permit discrimination
between or among any Persons in the availability of Services. It
shall be the right of all Persons to receive continuously all
available Services insofar as their financial and other obligations
to the Grantee are satisfied.
(F) The Grantee shall provide a standard service drop from the
Subscriber network to one point determined by the Grantor in each
City building, fire station, community center, library, and other
public facilities, as they develop within the City, and to one
point determined by eavh educational institution f r each pUblic
primary, middle, secondary, higher education and technical school
located within the Grantee's service areas, including schools
constructed subsequent to the effective date of this Ordinance,
with Cable Service including the Basic Service tier containing
over-the-air local broadcast stations and all educational and
governmental access channels required to be carried on basic~
together with the immediately subsequent tier of programming (i~
any) containing basic satellite services (such as CNN, Discovery,
ESPN and USA), but excluding any Subscriber equipment and
subsequent or higher tier of programming, including a la ca~te
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services, premium and related services (such as cinemax, TMC, HBO
and Showtime) and any.pay-per-view or per-event programming (such
as Action, Request or Viewer's Choice). Such Cable Service shall be
provided without charge and at no monthly service charge for the
first connection or drop, and with additional outlets to be
provided to any public facilities at the request of the City
Manager at the cost of labor and materials; provided, however, (i)
that each such facility be located within 150 feet of Grantee's
existing activated coaxial or fiber optic distribution system; (ii).
that wiring provided for facilities beyond 150 feet of Grantee's
activated distribution system be provided at Grantee's cost for the
portion beyond 150 feet; (iii) that Grantee is able to secure all
necessary Rights-of-Way upon reasonable terms and conditions; (iv)
that the location of the outlet provided with Basic Service is
reasonably positioned in relation to the entry point of the drop
into the facility; (v) that Grantee not be required to relocate any
existing outlet in any public facility now provided with free Basic
Service; (vi) that Grantee be required to provide such Service to
government offices, but not transient members of the public and in
police stations; (vii) that Grantee be required to provide such
Service to municipal or public facilities, but not to privatefor-
profit or non-profit hospitals or other private organizations open
to the public; and (viii) that wiring provided by Grantee for
additional outlets, if not installed by the Grantor or the
recipient of such additional outlets, shall be provided by.Grantee
on the basis of actual costs for labor and materials, together with
a reasonable allowance for overhead not to exceed fifteen percent
(15%), and Grantee shall provide the recipient of such wiring with
a written estimate of such costs in advance of installation. The
public and educational buildings to be served by Grantee Under this
Section include, at a minimum, the following buildings:
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city Hall /Council Chambers/Public Works
Building Department and Growth Management Department
Police Station
Community Center
Yacht Club Building
Central Garage
Barber Street Recreation Building Library
Sebastian Elementary School
Pelican Island Elementary School
Ail Fire and Emergency Medical Services Buildings
Police Annex Building
This list is not all inclusive and may be amended at any time by
the Grantor during the term of this Franchise.
Section 9. -- Public Services
(A) In accordance with Section 611 of the Cable Act (47 U.S.C. §
531), the Grantee agrees to provide Channel capacity to be
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designated for educational or governmental use and related
equipment and facilities, services and/or financial support for the
development and use of educational or governmental access as
provided in Appendix C.
(8) The Grantee shall also provide capital grants and ongoing
support payments for the acquisition, lease or other provision or
use of educational or governmental access facilities and equipment
as provided in Appendix C.
Section 10. -- Fees and Charges
(A) General requirements-
(1) The Grantee shall comply at all times with the provisions of
the Cable Act and FCC rules and regulations as they now exist and
as they may be amended from time to time applicable to rates and
charges for any Service and the associated terms and conditions for
the provision of any Service.
(2) During the term of this Ordinance, the Grantee shall maintai'n
with the Grantor a complete listing of fees, charges, deposits and
associated terms and conditions for all Services.
(3) The Grantor reserves the right to regulate the rates, fees,
charges, deposits and associated terms and conditions for any
Service provided pursuant to this ordinance to the fullest extent
permitted by applicable laws and regulations as they now exist and
as they may be amended from time to time.
(B) In addition to the requirements set forth in Section 7.1 of
Appendix D to this Ordinance, not less than thizty (3~ sixty (60)
days prior to the effective date of any change in any fee, charge,
deposit, term, Channel line up, programming changes, or condition
(or such shorter period as may upon a showing of good cause be
approved by the Grantor), the Grantee shall (i) provide a written
notice of revised listing of fees, charges, deposits and associated
terms, channel line up, programming changes, and conditions to the
Grantor and (ii) provide written notice by mail of the proposed
change to each affected Subscriber.
(C) The ~rantee s~ll not discriminate or permit'discrimination
between or among any Persons in the rates, terms and conditions for
any Service, except as set forth below. The foregoing requirements
shall not prevent the use of: (i) different charges for residential
Subscribers than for nonresidential Subscribers, except with
respect to Basic Service; (ii) short-term sales promotions and
other short-term discounts or reduced charges; (iii) reasonable
discounts or reduced charges to senior citizens or other
economically disadvantaged groups; or (iv) bulk rate arrangements.
Section 11. - Customer Service;
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i Subscriber Bills; and Priva~-] Protection
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(A) The Grantee agrees to comply in all respects with the
requirements of the customer service standards set forth in
Appendix D to this Ordinance. The Grantee shall also comply with
all rules and regulations established by the FCC pursuant to
Section 632 of the Cable Act. (47 U.S.C. S 5-2).
(B) The Grantee shall comply at all times with the provisions of
the Cable Act and FCC rules and regulations applicable to
Subscriber bills, including, but not limited to, the format and
itemization thereof and shall use all reasonable efforts to ensure
Subscriber bills are not misleading.
(C) The Grantee shall comply at all times with the Subscriber
privacy provisions of the Cable Act or other applicable law. The
Grantee shall cooperate with the Grantor so as to ensure the
Grantor's ability to enforce the terms and conditions of this
Ordinance by providing, upon the request of the Grantor, such
Subscriber information as may be reasonably requested by the
Grantor.
(D) The grantee shall comply at all times with FCC rules and
regulations applicable to Subscriber equipment'-and equipment
compatibility.
Section 12. -- Oversight and Regulatlon
(A) The Grantor shall have the right to oversee, regulate, and
periodically inspect the construction, operation, maintenance and
upgrade of the System, and all parts thereof, in accordance with
the provisions of this Ordinance and applicable law, including the
Grantor's police power. ..
(B) When reasonably necessary to the administration or enforcement
of the Ordinance, and at the request of the Grantor, the Grantee
shall promptly submit to the Grantor such information as the
Grantor may request regarding the Grantee, its financial statements
or other financial information, its compliance with any term,
channel line-ups and programming changes or condition of this
ordinance, with respect to the System or its operation, any Service
distributed over the i/stem, or any activity' or, function
associated with the production or distribution of any Service over
the System.
(C) Throughout the term of the Franchise, the Grantee shall
maintain in the Franchise Area, or make available in the Franchise
Area, upon ~ fifteen (15) business days ~Qtice complete and
accurate books of account and records regarding the Grantee's
ownership and operation of theSystem and the provision of Services
over the System, including without limitation, books of account and
records adequate to enable the Grantee to demonstrate that it is,
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and throughout the term of this ordinance has been, in compliance
with this Ordinance. All such documents pertaining to financial
matters which may be the subject of an audit by the Grantor shall
be retained by the Grantee for a minimum of three (3) years
following termination of this Ordinance.
(D) The Grantor's rights of inspection and audit shall include-
(1) Upon notice to the Grantee, the Grantor or its designated
representatives, shall have the right to examine, when reasonably
necessary to the administration or 'enforcement of the Ordinance in
the Franchise Area, all books and records pertaining to -the
Grantee's or any Affiliated Person ownership or operation of the
System or to the Grantee's or Affiliated Person's provision of
services over'the System. Further, during normal business hours and
upon notice to the Grantee, the Grantor or its designated
representatives may inspect and examine any other aspect of the
System, including facilities and equipment thereof.
(2) Access by the Grantor to any of the documents, records or other
information covered by this Section 12(D) shall not be released by
the Grantee on grounds that such documents, records or information
are alleged by the Grantee to contain proprietary information,
provided that this requirement shall not be deemed to constitute a
waiver of the Grantee's right to assert that the proprietary
information contained in such documents, records or other
information, should not be disclosed and to withhold such
information upon the agreement of the Grantor. If the Grantor
concurs with the Grantee's assertion regarding the proprietary
nature of such information, the Grantor will not disclose such
information to any Person, unless required by applicable law or
order of governmental authority. If the Grantor does not concur
with such assertion, then the Grantee may appeal such decision to
the appropriate individuals or bodies within the Grantor in
accordance with applicable laws and procedures, if the Grantor does
not concur with the Grantee's assertion, or if the Grantee does not
appeal, then the Grantee shall promptly provide such documents,
including the alleged proprietary portion thereof, to the Grantor,
provided that the Grantee shall not be required to provide the
proprietary portion thereof during the pendency of any court
challenge to such provision.
(3) The Grantor may conduct a full compliance audit and hold public
hearings at any time during the term of the Franchise, provided it
gives the Grantee written notice ten (10) Business days in advance
of the commencement of such audits and associated hearings.
Section 13. -- Restrictions Against
Assignments and Other Transfers
(A) The Grantee may not transfer or assign the Franchise or any of
the Grantee's rights or obligations in or regarding the System or
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the Franchise to any Person or entity not wholly owned by Falcon
Cable Media, a california limited partnership, either directly or
through a wholly-owned subsidiary, without the prior written
consent of the Grantor. Such consent shall not be unreasonably
withheld.
(B) No change in Control of the Grantee, the System or the
Franchise to any Person or entity not majority owned or controlled
by Falcon Cable Media, a California limited partnership, either
directly or through a majority-owned or controlled subsidiary,
shall occur after the Effective Date, by act of the Grantee or by
act of any Person holding Control of the Grantee, the System or the
Franchise, by operation of law, or otherwise, without the prior
written consent of the Grantor. Such consent shall not be
unreasonably withheld.
(C) Any request for approval shall be handled by the Grantor in
accordance with its customary rules and procedures. In connection
with any request for approval, the Grantee shall submit to the
Grantor such information as the Grantor may reasonably request.
Section 14. -- Specific Rights and Remedies
(A) The Grantee agrees that the Grantor shall have .the specific
rights and remedies set forth in this Section 14. These rights and
remedies are in addition to any and all other rights or remedies,
now or hereafter available to the Grantor to enforce the provisions
of this Ordinance, and will not be.deemed waivedby the exercise of
any other right or remedy. The exercise of.any such right or remedy
by
the Grantor shall not release the Grantee"~from its obligations ·
or any liability under this ordinance, except as expressly provided
for in this Ordinance or as necessary.to avoid duplicative recovery
from or payments by the Grantee.
(B) Events of default -
(1) The Grantee agrees that an Event of Default shall include, but
shall not be limited to, any of the following acts or failures to
act by the Grantee:
(a) Any failure to comply with any material provision of this
Ordinance thac is not cured within thilty (30) da~s after notice
pursuant to Section 14(B)(3);
(b) The occurrence of any event which may reasonably lead' to the
foreclosure or other similar judicial or nonjudicial sale of all or
any material part of the System;
(c) The condemnation by a public authority other than the Grantor,
or sale or dedication under threat or in lieu of condemnation, of
all or any part of the System, the effect of which would materially
frustrate or impede the ability of the Grantee to carry out its
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(d) In the event that the Grantee shall suspend or discontinue its
business, shall make an assignment for the benefit of creditors,
shall fail to pay its debts generally as they become due, shall
become insolvent (howsoever such insolvency may be evidenced),
shall be adjudicated insolvent, shall petition or apply to any
tribunal for, or consent to, the appointment of, or taking
possession by, a receiver, custodian, liquidator or trustee or
similar official pursuant to federal, state, or local laws;
(e) A failure by the Grantee to comply with any of the provisions,
terms or conditions of this ordinance or with any rules,
regulations, orders or other directives of the Grantor that is not
cured within-thirty (30) days after notice pursuant to Section
14(B)(3).
(2) Upon the occurrence of an Event of Default, then, in accordance
with the procedures provided in Section 14(B)(3), the Grantor'may
at its discretion, at any time during the term of this Ordinance:'
(a) Draw upon the Performance Bond, as permitted by this Ordinance;
and/or
(b) Require the Grantee to take such actions as the Grantor deems
appropriate in the circumstances; and/or
(c) Seek money damages and, if the Grantor prevails, such costs and
reasonable attorney's fees incurred by the City, from the Grantee
as compensation for such Event of Default; and/or
(d) Seek to obtain the appointment of a court-appointed trustee or
similar Person to take any actions which the Grantor ~deems
appropriate in the circumstances; and/or
(e) Revoke the Franchise by termination of this Ordinance pursuant
to this Section 14; and/or
(f) Exercise any other remedies that may be available under
applicable law.
(3) The Grantor shall exercise the rights provided in Section
14(B)(2) in accordance with the procedures set forth below:
(a) The Grantor shall notify the Grantee, in writing, of an alleged
Event of Default, which notice shall specify the alleged Event of
Default with reasonable particularity. The Grantee shall, within
thirty (30) days after receipt of such notice or such longer period
of time as Grantor may specify in such notice, either cure such
alleged Event of Default or, in a written response to the Grantor,
either present facts and arguments in refutation or excuse of such
alleged Event of Default or state that such alleged Event of
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Default will be cured and set forth the method and time schedule
for accomplishing such cure.
(b) The Grantor shall determine (A)whether an Event of Default has
occurred; (B) whether such Event of Default is excusable; and (C)
whether such Event of Default has been cured or will be cured by
the Grantee.
(c) If the Grantor determines thatan Event of Defaulthas occurred
and that such Event of Default is not excusable and has not been or
will not be cured by the Grantee in a manner and in accordance with
a schedule reasonably satisfactory to the Grantor, then the Grantor
shall prepare a written report which may recommend the action to be
taken by the Grantor's governing body. The Grantor shall provide
notice and a copy of such report to the Grantee. In the event that
the Grantor's governing body determines that such Event of Default
has not occurred, or that such Event of Default either has been or
will be cured in a manner and in accordance with a schedule
reasonably satisfactory to the Grantor's governing body, or such
Event of Default is excusable, such determination shall Conclude
the investigation.
(d) If the Grantor's governing body determines that such Event of
Default has occurred, and that such Event of Default has not' been
and will not be cured in a manner and in accordance with aschedule
reasonably satisfactory to the Grantor's governing body,.and that
such Event of Default is not excusable, then the Grantor may take
any of the actions provided in Section 14(B)(2)
(C) In the event of any termination of 'this Ordinance,'whether by
expiration (where the Grantee does not seek renewal or where
renewal is denied), revocation or otherwise, the Grantor may (i)
direct the Grantee to operate the System on behalf of the Grantor
pursuant to the provisions of this Ordinance and such additional
terms and conditions as are equitable to the Grantor and the
Grantee, for a period of up to twelve (12) months; or (ii) order
the Grantee to cease all construction and operational activities in
a prompt and workmanlike manner.
(D) In addition to its rights under Section 14(C), upon any
termination, the Grantor may issue a removal order directing the
Grantee ~.~ rdmove, at the Grantee's sole cost and expense, all or
any portion of the System from all Rights-of-Way and other public
or nonpublic property within the Franchise Area, subject to the
following:
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(1) in removing the System, or any part thereof, the Grantee shall,
at its own expense, refill and compact any excavation it makes, and
shall leave the Rights-of-Way and other property, including utility
cables, wires and attachments, in as good condition as that
prevailing prior to the Grantee's removal of the System;
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(2) the liability insurance and indemnity provisions of this
Ordinance shall remain in full force and effect during the period
in which the System is being removed and the associated repairs to
the Rights-of-Way and other property are being made; and
(3) if in the reasonable judgment of the Grantor, the Grantee fails
to substantially complete removal, including repair of the Rights-
of-Way and other property within twelve (12) months of the
Grantor's issuance of a removal order, the Grantor shall have the
right to: (A) authorize removal of the System, at the Grantee's
cost, by another Person; and (B) declare that all rights, title and
interest to the System belong to the Grantor, including any portion
of the System not designated for removal, without compensation to
the Grantee. The Grantee shall execute and deliver such documents
as the Grantor may request to evidence such ownership by the
Grantor.
Notwithstanding the foregoing, the Grantee may dispose of any
portion of the System not designated by the Grantor for removal
during such twelve (12) month period provided however, that if the
Grantee fails to complete the removal of the portion(s) of th~
System designated for removal by the Grantor within such period,
then all such portion(s) of the System not disposed of and all
amounts collected for any portion(s) of the System disposed of'by
the Grantee during such period shall belong to the Grantor, with no
price due to the Grantee.
(4) Upon any termination and as an alternative to ordering removal
of the System, the Grantor may acquire or effect a transfer to a
third party of all or any part of the System and all components
thereof necessary to maintain and operate the System pursuant to
the terms of this Ordinance.
(5) The price to be paid to the Grantee:upon an acquisition or
transfer by the Grantor shall depend upon the nature of the
termination as follows:
(a) If the Franchise expires without the Grantee seeking renewal or
if the renewal is denied, then the price shall be the fair market
value of the System valued as a going concern with a deduction for
the value allocable to the Franchise itself;~ and
(b) If the termination is due to a revocation of the Franchise for
cause, such as the occurrence of an Event of Default as provided in
Section 14(B), the price shall be an equitable price, considering
the injury to the Grantor and the residents of the City of
Sebastian and with no value allocable to the Franchise itself.
(E) In the event of any acquisition, transfer or Abandonment
pursuant to Section 14(D), the Grantee shall:
(1) cooperate with
the Grantor or third party
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continuity in the distribution of Services to Subscribers over the
System;
(2) promptly execute all appropriate documents to transfer to the
Grantor or third party title to the System, all components
necessary to operate and maintain the System, and any rights,
contracts, permits or understandings necessary to operate or
maintain the System including those necessary to the distribution
of Services over the System. All items transferred shall be
transferred free of any liabilities, except for the interests in
collateral of lending institutions which are secured creditors or
mortgagees of the Grantee with respect to the transferred
collateral at the time of transfer. With respect to such creditors,
the Grantor shall only be obligated to repay any outstanding
amounts to the. extent of the net operating revenues received by the
Grantor from its operation of the System; and
(3) promptly supply the Grantor or third person with all records
necessary to reflect the change in ownership and to operate and
maintain the System.
(F) Notwithstanding any provisions to the contrary in this Section
14, Grantee may terminate the Franchise and all of its obligations
under this Ordinance and transfer all of its rights in Or to 'the
System to its affiliated telecommunications company, Falcon Cable
Media, a California limited partnership, or its succeSsors under
the following circumstances:
(1) At any time following sixty (60) days' prior written'nOtice to
the Grantor (or such shorter prior written notice~as' may be
required under an applicable final order by the FCC or .a federal
court order) if, pursuant to an applicable final order.by the FCC
or a federal court, Grantee determines in the exercise of its good
faith legal judgment that it is prohibited by federal or state law
from acting as a cable operator within the City or otherwise
complying with the material s~~ of this Franchise.
(2) Within ninety (90) days after the end of ten (10) years from
the effective date of this Ordinance, if at the end of such ten
(10) year period, Grantee does not then have Subscribers on its
Cable System in the City equal to at least ten percent (10%) of the
total homes passed and capable of receiving Service'from such Cable
System, notice to terminate under this provision shall be given to
the Grantor in writing, with such termination to take.effect no
sooner than one hundred and twenty (120) days after giving such
notice. Grantee shall also be required to give its then current
subscribers not less than ninety (90) days' prior written notice of
its intent to cease operations.
(3) At any time, if Grantee determines in the good faith exercise
of its business judgment that developments in applicable law or
technology indicate that video consumers in the City can be better
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served by Grantee and/or any of its affiliates through a mode of
operation other than a Cable System, and submits to the city
Council:
(i)certification, approved by the Federal Communications Commission
(FCC) pursuant to the authority granted by Section 653 of the
Telecommunications Act of 1996, of the operation of this Cable
System as an open video system; and
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(ii) an agreement with the Grantor containing provisions
substantially similar to the provisions contained in this
Franchise, to the extent that such provisions are applicable to
Grantee as a video program provider utilizing an open video system
and/or are required under Section 653 of the Telecommunications Act
of 1996; and ~.
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(iii) its affiliate's adoption of provisions substantially similar
to the provisions contained in this Franchise, including provisions
for the payment of franchise-like fees, to the extent that any such
provision is applicable to such affiliate, is in compliance with.
any applicable common carrier requirements, and also ~remains
applicable to operation of an open video system under Section'65~
of the Telecommunications Act of 1996.
¥olloHi~g submissions pursuant to this Subsection (F)(3)~ shall be
approved ~proval.by the City Council Bhall not be u~reasonably
withheld an~ will be acted RDQn within 90 days of their delivery by
Grantee.
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Ordinance shall be construed to preclude Falcon Cable Media, a
California limited partnership, or its successors or assigns from
being entitled to acquire or use the System for all lawful purposes
related to its telecommunications business, in accordance with the
existing grant of authority to Falcon Cable Media, a California
limited partnership, from Grantor pursuant to Ordinance No. 218E as
may have been amended, assigned or renewed from time to time.
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Section 15. -- Liability and Insurance
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(A) Prior to commencement of construction, but in no event later
than sixty (60) dnys after the effective date of this Ordinance and
thereafter continuously throughout the duration of the Franchise
and any extensions or renewals thereof, the Grantee shall furnish
to the Grantor, certificates of insurance, approved by the Grantor,
for all types of insurance required under this Section. Failure to
furnish said certificates of insurance in a timely manner shall
constitute a violation of this ordinance.
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(B) Neither the provisions of this Section nor any damages
recovered by the Grantor hereunder, shall be construed to or limit
the liability of the Grantee under any Franchise issued hereunder
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or for damages.
(C) Ail insurance policies maintained pursuant to this Ordinance or
the Franchise shall contain the following, or a comparable,
endorsement:
It is hereby understood and agreed that this insurance policy may
not be canceled by the insurance company or the insured, the
intention not to renew be stated by the insurance company, the
limits of said policy be reduced, or the deductible or self-insured
retention be increased until thirty (30) days after receipt by the
City Manager, by certified mail, of a written notice of such
intention to cancel, not to renew, reduce the limits or increase
the deductible.
(D) The Franchise and all contractual liability insurance policies
maintained pursuant to this ordinance of the Franchise shall
include the following provisions:
The Franchisee/Grantee/insured agrees to indemnify, save harmless..
and defend the City of Sebastian, its officials, agents, servants,
and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, including court costs and 'reasonable
attorney's fees, for or on account of any injury to any person, or
any death at any time resulting from such. injury, or any. damage to
any property, which may arise or which may be alleged to ~have
arisen, whether in whole or in part, out of or in connection with
the actions or omissions of the Grantee, the Grantee's agents,
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subcontractors, delegees, transferees, or assigns, or anyone else
for whose acts the Grantee may be.liable. This includes'claims made I
by the employees of Grantee agalnst the Grantor and the Grantee
waives its entitlement, if any, to immunity under Section 440.11,
Florida Statutes. Nothing contained herein shall be construed as a
waiver of any immunity from or limitation of liability the Grantor
may be entitled to under the doctrine of sovereign immunity or
Section 768.28, Florida Statutes.
(E) Ail insurance policies provided under the provisions of this
Ordinance or the Franchise shall be written Dy companies authorized
to do business in the State of Florida. and approved by the State
Department'of Insurance and having a Best rating of not less than
A.
(F) The Grantor shall be named as an additional named insured on
all general liability policies issued to the Grantee.
(G) To offset the effects of inflation and to reflect changing
liability limits, all of the coverage, limits, and amounts of the
insurance provided for herein are subject to reasonable increase at
the end of every three (3) year period of the Franchise, applicable
to the next three year period, upon the determination of the
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Grantor; provided at no time shall the grantee be required to
provide insurance in amounts of coverage which exceed any other
cable operators within the City.
(H) General Liability Insurance. The Grantee shall maintain, and by
it acceptance of any Franchise granted hereunder specifically agree
that it will maintain throughout the term of the Franchise, general
liability insurance insuring the Grantee in t~e minimum of
$~,000,000 general aggregate.
(1~ $100,O00 for property damage per oc~urx~nc~;
(2) $500,000 fox p~operty damag~ aggregate;
(3) $1,O00,000 fo~ personal bodily inju[~ o~ death to any one
person; and
~4) $3,000,000 'personal bodily inju~7of death aggregate per single
accid~%t o~ o~¢uxzence.
(I) Such general liability must include coverage for all of the
following: comprehensive form, premises-operations, explosion and.
collapse hazard, underground hazard, products/completed operations'
hazard, contractual insurance, broad form property damage, and
personal injury.
(J) Automobile Liability Insurance. The Grantee shall maintain, and
by its acceptance of any Franchise granted hereunder specifically
agrees that it will maintain throughout the term of 'the' Franchise,
automobile liability insurance for owned, non-owned,' or rented
vehicles in the minimum amount of: '.'
(1) $1,000,000 for bodily injury and consequent death per
occurrence; :
(2) $1,000,000 for bodily injury and consequent death to an.y 'one
person;
(3) $500,000 for property damage per occurrence.
(K) Worker's Compensation and Employer's Liability Insurance. The
Grantee shall maintain and by its acceptance of any Franchise
granted hereunder specifically agrees that it will maintain
throughout the term of the Franchise, Worker's Compensation and
employer's liability, valid in the State, in the minimum amount of:
(1) Statutory limit for Worker's Compensation.
(2) $500,000 for employer's liability.
Section 16. -- S%~bsecfue~t
(A) The Grantor and the Grantee hereby respectively waive any and
all rights, other than constitutional rights, at any time or in any
manner or proceeding, to challenge this Ordinance or the validity
of any term or provision of this Ordinance; provided, however, that
the Grantor or the Grantee may challenge any provision of this
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Ordinance based on a change in law, should the law pertaining to
that particular provision change subsequent to the execution of
this Ordinance. The Grantee agrees that it will not challenge the
Grantor's authority to enter into this Ordinance as of the
effective date hereof.
(B) In the event that, after the Effective Date, any court, agency,
commission, legislative-body, or other authority of competent
jurisdiction: (A) declares this Ordinanceinvalid, in whole or in
part, or (B) requires the Grantee either to: (a) perform any act
which is inconsistent with any provision of this Ordinance or (b)
cease performing any act required by any provision of this
Ordinance, then the Grantee and the Grantor shall enter into good
faith negotiations to amend this Ordinance, so as to enable the
Grantee to perform obligations and provide Services for the benefit
of the Grantor and others equivalent to those immediately prior to
such declaration or requirement, to the maximum extent consistent
with said declaration or requirement. In connection with such
negotiations, the Grantor and the Grantee shall consider whether
the circumstances existing at that time are such that the Grantee
should continue to perform such obligations or their equivalent...
(C) To the extent that any statute, rule, regulation, ordinance or
any other law is enacted, adopted, repealed, amended, modified,
changed or interpreted in any way during the term of this Ordinance
so as to enhance the Grantor's ability to meet the~.cabie~related
needs and interests of the community, or increase Grantor's'ability
to regulate Grantee and the Cable System, the Grant~r
Grantee shall negotiate in good faith as to what modifications'~to
this Ordinance including Appendixes A, B, C and D, or regulati°n of
the System might be appropriate to reflect such enactment,
adoption, repeal, amendment, modification, change or
interpretation.
Section 17. -- Miscellaneous
(A) ControlliB~ Authorities. This Ordinance is made with the
understanding that its provisions are controlled by the Cable Act,
other federal laws, state laws, and all applicable local laws,
ordinances, and regulations.
(J) Appendices. The Appendices to this Ordinance, attached hereto,
and all portions thereof and exhibits thereto, are, except as
otherwise specified in such Appendices, incorporated, herein by
reference and expressly made a part of this Ordinance.
(C) ~nforce~bilit~ of Agraement: No Opposition. By execution of
this Ordinance, the Grantee acknowledges the validity of the terms
and conditions of this Ordinance under applicable law in existence
on the Effective Date, and pledges it will not assert in any manner
at any time or in any forum that this Ordinance, the Franchise, or
the processes and procedures pursuant to which this Ordinance was
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entered into and the Franchise was granted are not consistent with
the applicable Law in existence on the Effective Date.
(D) Noticest Ail notices required by this Ordinance shall be in
writing and shall be sufficiently given and served upon the other
party by first class mail, registered or certified, return receipt
requested, postage prepaid, and addressed as follows:
with a copy to:
Clt¥ of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
with a copy to:
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Falcon Cable Media, a California limited partnership
Corporate Headquarters
10900 Wilshire Boulevard
15~h Floor
Los Angeles, California
90024
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(E) Police Powers. The Grantor reserves the right' and intends to
exercise the full scope of its municipal powers, including both its
police powers and contracting authority, to promote the public
interest and protect the health, safety and welfare of its
citizens. Any conflict between the provisions of this Franchise and
any other present or future lawful exercise of the Grantor's police
powers shall be resolved in favor of the latter.
26 (F) Dinding Effect. This Ordinance shall be binding upon and inure
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I 31 (G) No Waiver Remedies. No failure the
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remedies set forth in Section 14 of this Ordinance, shall operate
as a waiver thereof, nor shall any single or partial exercise of
any such right or remedy preclude any other right or remedy, all
subject to the conditions and limitations established 'in this
Ordinance. The rights and remedies provided herein including,
without limitation, the rights and remedies set forth in Section 14
of this Ordinance, are cumulative and not exclusive of any remedies
provided by law, and nothing contained in this Ordinance shall
impair any of the rights or remedies of the Grantor under
applicable law, subject in each case to the terms and conditions of
this Ordinance.
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(H) ~eyerability. If any section, subsection, sentence, clause,
phrase, or other portion of this Ordinance is, for any reason,
declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or' other authority of competent
jurisdiction, such portion shall be deemed a separate, distinct,
and independent portion. Such declaration shall not affect the
validity of the remaining portions hereof, which other portions
shall continue in full force and effect.
(I) ~q Agency, The Grantee shall conduct the work to be performed
pursuant to this ordinance as an independent contractor and not as
an agent of the Grantor.
(J) Governing Law. This Ordinance shall be deemed to be executed in
the City of ~afety Ha~bor ~eba~tian, Florida, and shall be governed
in all respects, including validity, interpretation and effect, and
construed in accordance with, the laws of the State of Florida, as
applicable to contracts entered into and to be performed entirely
within that State.
(K) Surviyal. All representations and warranties contained in this
Ordinance shall survive the term of the Ordinance.
(L) Delegation of Grantor Rights. The Grantor reserves the right to
delegate and re-delegate, from time to time, any of its rights or
obligations under this Ordinance to any body, organization.or
official. Upon any such delegation or.re-delegation,.-references'~to
"Grantor" in this Ordinance shall refer to the body, organization
or official to whom such delegation or re-delegation has been made.
Any such delegation by the Grantor shall be effective upon written
notice by the Grantor to the Grantee of such delegation..'Upon
receipt of such notice by the Grantee, the Grantee shall be .bound
by all terms and conditions of the delegation not in conflict with
this Ordinance. Any such delegation, revocation or re-delegation,
no matter how often made, shall not be deemed an amendment to this
Ordinance or require any consent of the Grantee
'(M) C1Dims Under Agrge~gn~. The Grantor and the Grantee, agree
that, except to the extent inconsistent with Section 635 of the
Cable Act (47 U.S.C. S 555), any and all claims asserted by or
against the Grantor arising under this Ordinance or related thereto
shall be he%rd and determined either in a court' of the United
States located in Tampa, Florida ("Federal Court") or in a court of
the State of Florida located in Indian River County ("Florida State
Court.). To effectuate this Ordinance and intent, the 'Grantee
agrees that if the Grantor initiates any action against the Grantee
in Federal Court or in Florida State Court, service of process may
be made on the Grantee either in person, wherever such Company may
be found, or by registered mail addressed to the Grantee at its
office in the Franchise Area as required by this Ordinance, or to
such other address as the Grantee may provide to the Grantor in
writing.
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(N) Modification~ Except as otherwise provided in this Ordinance,
any Appendix to this Ordinance, or applicable law, no provision of
this Ordinance nor any Appendix to this Ordinance, shall be amended
or otherwise modified, in whole or in part, except by an
instrument, in writing, duly executed by the Grantor and the
Grantee, which amendment shall be authorized on behalf of the
Grantor through the adoption of an appropriate resolution or order
by the City Council, as required by applicable law.
(O) Delays and Failures B~yond Control of Grantee~ Notwithstanding
any other provision of this Ordinance, the Grantee shall not be
liable for delay in performance of, or failure to perform, in whole
or in part, its obligations pursuant to this Ordinance due :to
strike, war or act of war (whether an actual declaration of war is
made or not),-.insurrection, riot, act of public enemy, accident
fire, flood or other act of God, technical failure, sabotage or
other events, where the Grantee has exercised all due care in the
prevention thereof, to the extent that such causes or other events
are beyond the control of the Grantee and such causes or events are
without the fault or negligence of the Grantee.
In the event that any such delay in performance or failure t0
perform affects only part of the Grantee's capacity to perform, the
Grantee shall perform to the maximum extent it is able to do so and
shall take all steps within its power to correct such cause(s). The
Grantee agrees that in correcting such cause(s), it shall take all
reasonable steps to do so in as expeditious a manner as possible.
The Grantee shall notify the Grantor in writing of the occurrence
of an event covered by this Section within five (5) business days
of the date upon which the Grantee learns of its occurrence.
Section 18. -- Acceptance
Grantee shall signify its acceptance of the Franchise terms in
writing prior to the City Council's approval of this Ordinance by
filing such written acceptance with the city Clerk.
Section 19. -- Publication in Accordance With Law
This Ordinance shall be published in accordance with the
requirements of law.
Section 20. -- Effective Date
This Ordinance shall take effect immediately upon adoption and
Grantee's 9xacutioD Qf the franchis~ agreement.
The foregoing ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmem~:'~
and, upon being put into a vote, the vote was
as follows:
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MayorRuth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Charles Neuberger
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1998.
CITY OF SEBASTIAN,
FLORIDA
By-
Ruth Sullivan, Mayor
ATTEST:
Kathryn M. ~'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Rich Stringer
City Attorney
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APPENDIX a
THE SYSTEM
1. SYSTEM AND CAPACITY
a. System Design. The Cable System shall be built to a 750 MHZ design and will meet the standards set out
in this appendix. The plant hardware shall be 1 GHz passives, 1 GHz taps (1 GHz active platforms), 750 MHz
amplifiers and other actives, and 60 voit powering. The System shall be capable of 86 84 analog channels (50
to 550 MHz), with 200 MHz being reserved for future use including, but not limited to, digital transmission
(550 to 750 MHz) in.the forward direction and 5 to 40 MHz in the reverse direction. The System shall use all
new fiber optics, coaxial cable and electronic and passive devices. Notwithstanding the above, Grantee may
lease fiber fi.om a third party to integrate into the Cable System whenever technically feasible. The System shall
be designed so that ninety-five percent (95%) of the time there are no more than two (2) line extenders in
cascades and no more than three (3) system amplifiers in cascade. All aerial system amplifiers shall incorporate
pilot controlled AGC level control.
The System shall be designed and constructed in accordance with the standards listed below, and the fiber cable
shall have not more than 7.4 dB of loss between the distribution CO and the fiber terminal. The following
design specifications shall be adhered to. The System shall be operated in accordance with performance
standards which meet FCC regulations and specifications after the System is constructed in compliance with
this section and the design standards below. The Grantee's compliance with the performance standards of the
FCC shall constitute compliance with the ongoing technical standards required by this Agreement.
System Design - Minimum
C/N 47 dB
XMOD 53 dB
CTB 53 dB
CSO 53 dB
HUM 3%
b. Construction Oversight. Grantee shall over see the construction. The oversight shall be headed by a
Construction Manager with "eld engineers and field planning/quality control persons dedicated to the
construction project. One hundred percent 000%) of the System shall be visually inspected to insure
compliance and ten percent (10%) of all work shall be tested by the system operator and system technicians.
If during testing or inspection, the Grantee finds the quality of work to be substandard, the Grantee shall
use its best efforts to take the necessary corrective action in a timely manner. Grantee shall contact,
in person or by telephone ten percent (10%) of the subscribers to assess the quality of the work
performed and any construction problems. The general contractor building the System shall
supervise any components of thc System construction undertaken by independent contractors.
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c. Compliance with Applicable Law. In construction, operating and maintaining the System, Grantee shall at
all times comply with this Agreement and all applicable laws and regulations. I
d. Subscriber Drops. All Subscriber drops in the Franchise Area shall meet the standards of the National
Electrical Code or the systems design specifications in 1.a above. The System shall be designed to allow each~
Subscriber drop to provide service to a minimum of two (2) television outlets.
e. Equipment Quality. Equipment used for the distribution system, head end and reception facilities shall be ot~
good and durable quality and be serviced and repaired on a regular basis.
f. Converters. Grantee shall provide the converters specified in this Agreement to Subscribers utilizin~
converters upon subscription to the System.. Grantee shall not scramble the basic tier.
g. Emergency Alert. Grantee shall provide an ali-Channel audio-onlv emergency alert system for use by thei
Indian River County Emergency Management Services. Grantee's system services many communities, not all
of which may be affected by a local emergency affecting the Grantor. It'the Grantor utilizes the emergency alert~
system, it shall exercise due care and diligence with respect to individuals authorized to access the system.
emergency alert system shall be tested at least twice each year. The Grantee shall provide an automatic tone
that shall commence emergency broadcast. Emergency messages shall be able to be initiated fi.om any touch-I
tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise terml
as set forth in FCC rules, regulations, or guidelines. Notwithstanding the foiegoing, Grantee"shall maintain
throughout the term of this agreement the capacity for the City to access the emergency alert system and Shall1
not claim the City's rights hereunder have been preempted by federal or state law. After July 1, 1997, the'Cabl~
System shall use a common EAS protocol, as defined in Section 11.31 in the COd& of Federal RegulatiOns. to
send and receive emergency alerts in accordance with the following: ....... · I
Two tone signal from storage device Required. 8 to 25 seconds in duration
Digital encoder and decoder
Required.
The digital encoder and decoder shall provide:
(1) a video message on all Channels or other alerting techniques to the heating impaired and deaf
Subscribers.
(2) an audio message and video interruption on all Channels
(3) a video message on at least one Channel to all Subscribers
h. Emergency Messages. The Grantee shall provide, no later than three (3) months following
the provision of commercial Cable Service, an emergency audio override capability to permit
the City to interrupt the audio portion of all video Channels carried over the Cable System for
purposes of providing an audio message on all such Channels simultaneously in the event of
disaster or public emergency.
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The procedures governing the use of such emergency alert capability shall include the
following:
(1) The emergency alert system shall be accessed only in the event ora local emergency
and duly proclaimed in accordance with applicable local law. If possible under the
circumstances, the City shall use reasonable efforts to contact the Grantee prior to accessing
the emergency alert system.
(2) The emergency alert system shall only be accessed by the City Manager or those
individuals specifically designated by the City Manager.
(3) The Grantor acknowledges that the Grantee's Cable System services many
communities utilizing an integrated technical configuration, not all of which will necessarily be
affected by a local emergency affecting the City. If the City utilizes the emergency alert system,
all of the Grantee's Subscribers served by the head end or signal collection point serving the
City will be capable of receiving the alert, including Subscribers in other communities.
Therefore, the City shall exercise due care and diligence with respect to (i) those individuals
authorized to access the emergency alert system and (ii) the circumstances in which the
emergency alert system is actually used..
i. Ongoing Preventive Maintenance. System signal levels for the individual Channels at the head
end shall be monitored and adjusted on a daily or every other day basis. The performance of the
Cable System at the ends of the cascades shall be monitored-on a weekly basis for each node
and monthly for every end of line cascade. System frequency response shall be adjusted to meet
peak performance on a twice a year cycle.
Standby power supplies shall be monitored for proper voltage and battery capacity on a
quarterly year basis. Failure of the batteries to supply current for a predetermined amount of
time shall dictate replacement of the batteries.
The antennas and satellite dishes shall be maintained by having their alignment checked and
realigned at least on a yearly basis or after any severe storm activity at the location of the
antennas or dishes.
Head end components such as processors and modulators shall have their frequency response
checked and adjusted twice a year.
Optical transmitters, receivers and optical path loss shall be monitored on at least a twice .a year
basis. Parameters found to be out of tolerance shall be adjusted.
FCC mandated signal leakage and system proof-of-performance tests shall be in accord with
Part 76 of the federal Code of Regulation.
j. Satellite Earth Station. The System configuration shall include earth stations which shall
ensure the ability to receive signals from operational communications satellites that
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predominately cany programming services available to Cable Systems throughout the life of the
Franchise.
k. Standby Power. Grantee shall provide a twenty-four (24) hour power-generating capacity
at the head end. Grantee shall maintain standby power system supplies, rated for at least two
(2) hours duration at all optical node locations in the distribution network.
I. Parental Control. The Grantee shall provide parental control devices that will allow any
Channel or Channels to be locked out. For all scrambled Channels, paremal control will be an
optional feature of the Grantee's set top box. Grantee shall provide a parental control option
without charge to Subs~-ibers,. upon request that shall block out the audio and video of any
unscrambled Channels can3Ang predominately adult programming.
m. Performance Testing Grantee shall perform all system tests and maintenance procedures as
required by and in accordance with: the FCC; this Ordinance; Grantee's standards of good
operating practice, and the National Cable Television Association's test procedure guidelines.
n. Technical Standards. The Cable System permitted to be operated hereunder shall be installed
and operated in conformance with this Ordinance, National Electrical Code, OSHA Rules and
Regulations, where applicable to Cable System construction, and FCC roles and regulations.
Any FCC technical standards or guidelines related to the Cable System and' fao'lities shall be
deemed to be regulations under this Franchise.
o. Employee Identification. Grantee shall provide a standard identification document to all
employees, including employees of subcontractors, who shall be in contact with the public. Such
documents shall include a telephone number that can be used to verify identification. In
addition, Grantee shall use its best efforts to clearly identify all field personnel, vehicles,, and
other major equipment that are operating under the authority of Grantee.
p. Stereo. The System shall have the capability and shall provide Broadcast Television Systems
Committee (BTSC) stereo signals on all satellite, broadcast and local services that transmit
them.
q. State of the Art. Throughout the term of the Franchise, Grantee shall construct, operate,
maintairr, and upgrade the Cable System in order to ensure that it continuously conforms to the
State of the An, ~
r. Upstream Signals. To the extent that Grantee chooses to design its Cable System for two-way
capability, Grantee agrees to use all reasonable efforts to design such two-way capability so as
to permit the future implementation of upstream signal carriage without requiring modifications
to its design. Grantee shall be required to offer two-way Services for Subscribers only following
satisfaction of each of the following conditions: (i) the offering of such two-way Services is
permissible under applicable federal and state laws, Ordinances, roles and regulations, (ii) the
Grantee has secured all certificates, licenses, authorizations and approvals from federal and state
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agencies necessary for the offering of such Services, provided, however, that the Grantee shall
seek to obtain such approvals in a diligent and timely manner, (iii) cable Subscribers and/or
potential cable Subscribers have a demonstrable interest in subscribing to such two-way
Services, together with a demonstrable willingness to pay a reasonable rate for such Services,
in each case as evidenced by at least one statistically significant survey, provided, however, that
upon the reasonable written request of the City it shall be the Grantee's burden to demonstrate
to the City's reasonable satisfaction that such Subscriber interest is insufficient and (iv) the
investment necessary to implement such two-way capability, together with a reasonable rate of
return, can be reasonably expected to be recovered from the incremental revenue anticipated
fi'om the provision of such Services over a period of time which is reasonable and customary
in the cable television industry for such investments, and such investment shall not be recovered
from Subscribers to other or non'two way Services.
2. CONSTRUCTION
a. System Design Review. The City shall have the authority to review the technical design plans
of the System to ensure that the System design meets the requirements of this Ordinance, as
well as applicable portions of the City Code governing construction within public Rights-of-
Way. Grantee's engineer shall review the design with City designated persons. The following
design information shall be reviewed with City designated persons: engineering design maps;
key for design maps; System level design information (e.g., block diagram of headed, satellite
or off-air studies, power supply map); and test plan for the existing coaxial cable to be used in
the System.
b. Construction Manual. Grantee shall construct the System in accordance with Grantee's
construction manual.
c. Underground Construction. Grantee shall participate in and use Florida One Call and ensure
that cable is buried at a depth specified by city regulations. Temporary drops Shall be buffed
within one month of installation, weather permitting. Grantee shall comply with the C_n'antor's
current or future plans to have cable and utilities placed underground. Grantee in accordance
with such plan shall at its expense, remove, relay, and relocate its equipment, 'provided,
however, that other utilities are similarly required to do such work at their own cost and
expense.
d. Consumer Compatibility. Grantee shall comply with FCC consumer compatibility rules and
guidelines and shall use its best efforts to provide Subscriber friendly technology. When High
Definition Television 0-1DTV), is available, economically feasible, and requested by Grantee's
System Subscribers, Grantee shall provide it. Grantee shall update the City of Sebastian as to
the advances in and availability of new technology Services such as HDTV, digital television,
and digital compression.
Grantee shall provide the basic tier in unencoded and unscrambled form. Subscribers shall not
be required to use a set-top box, home terminal unit, cable box or similar device to receive any
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Basic Cable Service.
e. Construction Timetable. The permitting and construction shall commence no more than
ninety (90) days following the Franchise award. The construction shall be completed except for
periods of force majeure, and for periods of delay caused by the City, within twenty four (24)
months of the commencement of construction. Grantee shall keep the Grantor informed of the
company's construction schedule, as necessary, to ensure public safety and/or comply with
Grantor's rules and regulations. The following schedule is the approved schedule for the Cable
System Up-grade:
PhaseI
Months 1 through 4
Months 5 thr°ugh 8
Months 9 through 12
As built of existing system completed
Completed Design for 84 Channel Up-grade
Permit Submittal
Phase II
Months 13 through 16 15 miles per month of line upgrade completed
Months 17 through 20 15 miles per month of line upgrade completed
Months 2kthrough 24 15 miles per roonth ofilin~ upgrade compl~ed
12 months ~ztal ................................................................ 180 miles
f. R/ght of Inspections, The Grantor shall have the right to inspect any construction and
installation work performed subject to the provisions of this Ordinance, and shall make such
tests as it shall find necessary to ensure compliance with the terms of this Ordinance and other
pertinent provisions of the law over which the Grantor has jurisdiction.
3. CONSTRUCTION AND PERFORMANCE FUND
The grantee shall establish a construction performance fund with the Grantor depositing
the mount of fifty thousand dollars ($50,000.00), with the Grantor in cash, an unconditional
letter of credit or other instrument acceptable to the Grantor, which fund shall be maintained
at the sole expense of the Grantee. The balance in the fund shall be released back to the
Grantee upon completion of the improvements to the Cable System in accordance with
approved scheduled construction improvements.
a. The fund shall serve as security for the full and complete performance within the
approved time schedule and construction up-grading of the Cable System;
b. Any part of the approved schedule which becomes more than thirty (30) or more
days behind in its scheduled progress may be subject to a an assessment of five hundred
($500.00) dollars penalty for each day that the project remains behind schedule;
c. Before any sums are withdrawn from the fund, the Grantor shall give written notice
to the Grantee:
(i) describing the act, default or failure of the scheduled improvement to be remedied
or the damages, costs or expenses which the Grantor has incurred by reason of Grantee's act
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or default;
(ii) that the Grantee will be given an opportunity to review the failure or default of the
Grantee in meeting the scheduling and construction of the Cable System up-grade as is
described within a written notice from the Grantor,
(iii) providing reasonable opportunity for the Grantee to first remedy the existing or on
going failure or default in the upgrading of the Cable System;
(iv) providing a reasonable opportunity for the Grantee to pay monies due the Grantor
before Grantor withdraws the amount form the fund, if applicable.
d. The Grantee shall replenish the construction performance fund within fourteen (14)
days at, er written notice from the Grantor that there is a deficiency in the amount of the fund
on deposit with the. Grantor.
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
General Requirement. The Grantee agrees to comply with each of the terms set forth in this"
Appendix B and in Appendix A to this Ordinance governing construction and technical
requirements for thi:'system, in addition to any other requirements or procedures reasonably
specified by the Grantor pursuant to its police power or as otherwise permitted by applicable
law.
Quality. All work involved in the construction! operation, maintenance, repair upgrade, and
removal of the System shall be performed in a safe, thorough and reliable manner using
materials of good and durable quality. It~ at any time, a reasonable determination is made by the
Grantor or any other agency or authority of competent jurisdiction that any part of the System,
including, without limitation, any means used to distribute Signals over or within the System,
is harmful to the health or safety of any Person, then the Grantee shall, at its own cost and
expense, promptly correct all such conditions.
New Grades or Lines. If the grades or lines of any street within the Franchise Area arT-~ are
to be changed at any time during the term of this Ordinance, then the Grantee shall, at its own
cost and expense and upon reasonable written notification and request of the Grantor, protect
or promptly alter or relocate the System, or any part thereof~ so as to conform with such new
grades or lines. In the event that the Grantee refuses or neglects to so protect, alter, or relocate
all or part of the System, the Grantor shall have the fight to break through, remove, alter or
relocate all or any part of the System without any liability to the Grantee, any Affiliated Person
or any other Person, and the Grantee shall pay to the Grantor the documented costs incurred
in connection with such breaking through, removal, alteration, or relocation.
Protect Structures. In connection with the construction, operation, maintenance, repair,
upgrade, or removal of the System, the Grantee shall, at its own cost and expense, protect any
and ail existing structures belonging to the Grantor and all designated landmarks. The Grantee
shall obtain the prior approval of the Grantor before altering any water main, sewerage or
drainage system, or any other municipal structure in the Rights-of-Way required because of the
presence of the System in the Rights-of-Way. Any such alteration shall be made by the Grantee,
at its sole cost and expense, and in any reasonable manner prescribed by the Grantor. The
Grantee agrees that it shall be liable, at its own cost and expense, to replace or repair and
restore to serviceable condition, in any reasonable manner as may be specified by the Grantor,
any Street or any municipal structure involved in the construction, operation, maintenance,
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repair, upgrade or removal of the System that may become disturbed or damaged as a result of
any work thereon by or on behalf of the Grantee pursuant to this Ordinance,
No Obstruction. In connection with the construction, operation, maintenance, repair, upgrade,
or removal of the System, the Grantee shall not obstruct the Rights-
of-Way, subways, railways, passenger travel, fiver navigation, or other traffic to, from, or
within the Franchise Area without prior consent of the appropriate authorities.
Use. All transmission and distribution structures, lines and equipment erected by the Grantee
within the limits of the Franchise shall be so located as to cause minimum interference with the
proper use of streets, alleys and other public ways and places, and to cause minimum
interference with the fights or reasonable convenience of property owners who adjoin any of"
the said streets, alley or other public ways and places.
Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing
and/or landscape treatment or damages to Grantor's structures and facilities caused by the
Grantee's operations and activities, the Grantee shall, at its own cost and expense and in a
manner approved by the Grantor, replace and restore all paving, sidewalk, driveway or surface
of any street or alley disturbed and/or landscape treatment, structures and facilities, in as good
a condition as before said work was commenced and in accordance with the City Code.
However, should the Grantee fail to commence restoration aider (15) days.notice, in writing,
to said Grantee by the Grantor, the Grantor may make such repair and restoration and the cost'-
of the same shall be paid by the Grantee. Repairs to the water, ~ver and other utility S~rvices'
shall be performed immediately upon discovery of any break(0 in said lines. Grantee shall '
warrant for one (1) year, all construction work including work done to repair city streets Md
other property when the Grantee has had to dig up pavement, sidewalks or other City structures
to install or repair its facilities. ·
Relocation. fiat any time during the period of this Ordinance, the Grantor shall lawfully elect
to alter or change the grade of any street, sidewalk, driveway, alley or other public way, or alter'
or move any structure or facility of the Grantor within such Rights-of-Way, the Grantee, upon
reasonable notice by the Grantor shall review, relay and relocate its conflicting poles, wires,
cable, underground conduit and other fixtures at its own expense.
Placement of Fixtures. Grantee shall not place poles or other fixtures where the same will
interfere with any water hydrant, water main, sewage line, reclaimed water lines and hydrants,
traffic signal poles and facilities, or storm drains and facilities or other fixtures placed in any
Rights-of-Way shall be placed in such a manner as not to interfere with the usual travel on said
streets, alleys and public ways.
Temporary Removal of Wire for Building Moving. The Grantee shall, on the request of any
person holding a building permit issued by the Grantor, temporarily raise or lower wires, cables
and fixtures to permit the moving &buildings. The expense of such temporary removal, raising
or lowering of wires, cables and fixtures shall be paid by the person requesting the same, and
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the Grantee shall have the authority to require such payment in advance. The Grantee shall be
given notice of not less than forty eight (48) hours to arrange for such temporary wire changes.
Tree Trimming. The Grantee shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks, driveways and public places of the Grantor so as to prevent the
branches of such trees from coming in contact with the wires and cables and fixtures of the
Grantee. All trimming to be done pursuant to governing laws and at the expense of the Grantee.
Underground Facilities. All existing underground cable shall remain underground when
repairs, replaced, extended or upgraded, when practical. Consistent with good engineering
practices and economic feasibility, future construction shall be underground. Grantee shall
relocate any above ground portion of its system underground in any area where existing power
and telephone facilities-are her al[er so relocated. Any such relocation shall be at the Grantee's
expense, and such relocation shall be accomplished concurrently with relocation of any such
power and telephone facilities. The Grantee shall provide the Grantor with records or its as-
built underground installation, on as-built computer file drawings provided by the Grantor
(DWG format) within thirty (30) days of the Grantor's request for such information. Prior to
the commencement of any work within the public right-of-way, the Grantee shall coordinate
with the Grantor as to the location and identification of any of the Grantor's utility lines.
Excavntions. Replacement poles, underground cables or other, facilities of the System utili~ng
the public right-of-way shall be placed between the Right-of-Way line and the immediate CUrb
line or edge of pavement of all streets and avenues and shall not be within the roadway recovery
area. New underground cables, when it is practical to do so! shall have consistent alignment
parallel with the edge of the pavement. Minimum cover shall be thirty (30) inches in all rOads~
Underground cables shall otherwise have a minimum cover of thirty (30) inches Within the
parkway. Conduits shall be bored under curbs and streets for-all street crossings and have a
minimum cover of thirty (30) inches. Where boring is not feasible due to technical enginee' '.rm'.g
reasons, the Grantor may deem excavation to be the only means possible. Temporary drops
shall be buried within one (1) month of installation, weather permitting.
Existing Utilities. Underground cables and conduits shall preferably be located on the opposite
side of the Right-of-Way from the City underground utility lines. A three (3) foot separation
must be maintained for all parallel utility installations. Cables placed on any Poles located in any
right of way used by vehicle traffic shall not be less than eighteen (18) feet from the ground.
C/rantee shall place and maintain cables in accordance'with the National Electrical Cad.~
whenever crossing power lines. Deviations from these standards may be approved by Grantor
on a case-by-case basis.
Construction Plan and Schedule. Within thirty (30) days from the signing of this Ordinance,
and from time to time thereafter, Grantee shall file with the City Manager or other designated
employees of the City, a general construction plan for its Cable System, including areas to be
served, an estimated time schedule for such construction and a 24" x 36" general engineering
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map in a format acceptable to the City. Grantee shall have the fight to modify the general
construction plan at any time in its sole discretion upon notice to the City. The City will have
twenty (20) business days following receipt of the general construction plan or any changes
thereto to review and notify Grantee in writing of any reasonable objection with regard to the
construction plan or the prompt processing of permits.
Unauthorized Installation, Except in an emergency, any underground conduits, or cables
installed or placed without first having obtained the permits herein provided for shall be moved
within thirty (30) days after receipt of written notice by Grantor to remove same. Grantee shall
promptly notify Grantor of emergency underground construction activities. In default of
compliance with such notice, the conduits, cables may be removed by order of the City and the
cost of removal shall b borne and paid by the Grantee.
Permits and Fees. Grantee's construction of its Cable System shall conform with all applicable
state, federal and City laws and regulations. Grantee shall obtain the permits required for all
construction to be performed within the public fight-of-way; or within the public utility
easements or public service easements located on private property. Grantee shall, pay theCity
normal permit fee~ associated with the construction of its Cable System. To the extent required
by law, Grantee and each of its subcontractors, contractors, agents or aUthorized
representatives must be licensed to perform their service in the Franchise Area.' Grantee
assumes all respons~ility for applicable permit(s), their requirements and conditions, including
notification for inspection purposes, and conformance to Grantor sp~cati°n.:-c~a~ee
assumes respona%ility for licensing fees and any fines or penalties resulting from the f~lm-'e bf
Grantee, its subcontractors, contractors, agents or authorized representative~i to ComplY'With
this section of this Ordinance. ~ ...... "~ ' '~"'
The granting of this Franchise shall in no way limit the power of the Grantor to ekercise its
police power for the regulation of its streets, Rights-of-Way, easements or Public .lands '..and
places beyond that which it could lawfully have done in the absence of the Franchise granted
hereunder.
Rights of-Way Not Warranted. Grantor does not warrant any right, title or interest of any
Rights-of-Way in existence or herea~er acquired, used by Grantee or as may be Used by
Grantee in the future.
Utility Projects. Upon Grantoes undertaking a utilities project and subnuss, on of plans or
drawings to Grantee for review and comment. Grantee shall respond to Grantor no later than
thirty (30) days from the date of receipt of such plans to comment on the feasibility and
compatibility of such plans with the existing facilities of the Grantee.
Inspection. The Grantor shall have the right to inspect all construction and installation work
to insure compliance with governing ordinances.
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Expenses Incurred by Grantor. The Grantee shall compensate the Grantor for all costs
incurred by the Grantor resulting from Grantees facility installation including preliminary and
field locations of underground utilities; permit review and processing; responding to resident
complaints and inquiries; inspection during installation; potable water lost, repairs and damage
due to broken water and sewer facilities; and other miscellaneous costs.
Safety Precautions. The Grantee shall, at its own cost and expense, undertake all necessary
and appropriate efforts to prevent accidents at its work sites, including the placing and
maintenance of proper guards, fences, barricades, watchmen, and suitable and sufficient
lighting.. The Grantor is not responsible in any way for supervision of the safety at Grantee's
work sites.
Moving Wires. The Grantor may, in case of fire, disaster, or other such emergency, as
reasonably determined by the Grantor, in its sole discretion, cut or move any of the wires,
cables, amplifiers, appiiances, or other parts of the System, in which event the Grantor shall not
incur any liability to the Grantee, any Affiliated Person or any other Person. The Grantor shall
take reasonable efforts to consult the Grantee prior to any such cutting or movement of its
wires, and the Grantee shall be given the opportunity to perform such work itself. All
documented costs to repair or replace such wires, cables, amplifiers, appliances or other parts
of the System shall be borne by the Grantee.
No Liability for Public Work, etc. Neither the Grantor nor its officers, employees, agents,
attorneys, consultants or independent contractors shall have any liability to the Grantee or any
Affiliated Person for any liability as a result of or in connection with the protection, breaking
through, movement, removal, alteration, or relocation of any part of the System by or on behalf
of the Grantee or the Grantor in connection with any emergency, public work,, public
improvement, alteration of any municipal structure, any change in the grade or line of any street,
or the elimination, discontinuation, and closing of any street.
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APPENDiX C
Educational and Governmental Access Matters
ACCESS CHANNELS, EQUIPMENT, FACILITIES AND SERVICES
A. Aqc~ Channels. Grantee shall provide the following number of dedicated access channels:
two (2) Channels for government access (one for the city of Sebastian and one for indian River
County); and two (2) Channels for educational access (one for the indian River School District
and one for indian Ri.'ver Community College). Such Channels shall be used exclusively for
purposes of government and education access programming on a non-commercial, not-for-
profit basis. Nothing in this Franchise shall prevent the Grantee from using unused government
access channel capacity for commercial purposes. Grantee shall carry and transmit the
educational and government Channels on its lowest Basic Service level.
B. Interconnection Re_q~uirement,_Grantee shall promptly interconnect the, educational and
governmental access Channels of its Cable System with the educational and govemmemal
access Channels of all other local cable systems in order that the programming On such Channels
can universally be available to all cable Subscribers within the Franchise Area. Grantee shall
agree upon the most mutually convenient and cost-effective interconnection point and method
with such other operators. Grantee shall be responsible for any costs and expenses necessary
for such interconnections. If Grantee is unable to reach such an agreement within thirty days
at, er requesting in writing to interconnect with other local cable operator(s), Grantor may assist
in mediating such dispute. If no such agreement is reached within an additional thirty days,
Grantee agrees that Grantor may designate the place ofinterconnection.
C. Delivery and Qualigt of Si~al~ Grantee shall receive from interconnected local cable-
operators all of the educational and governmental access programming carried upon such other
operators' educational and governmental access Channels. Grantee shall be responsible for the
costs of receiving the access programming from Grantor, or from interconnected cable
operators, and distributing such programming on Grantee's Cable System. Grantee shall
maintain the distn'bution system over which such Channels are carded on its Cable System and
shall ensure that there is no material degradation in the signal for suc~ .~ Channels as they ~re
received by the Grantee for distribution over the Grantee's Cable System. Grantee shall not be
responsible for the quality of the signal for any educational and govemmemal access
programming delivered to the Cable System's head end or other agreed to signal interconnection
point. If such signal is not of reasonably acceptable quality as compared to other signals then
carded over the Cable System, Grantor shall make reasonable efforts to cause to be undertaken
such efforts as may be necessary or appropriate to generate a signal of reasonably acceptable
quality within thirty (30) days after receipt of written notice from Grantee.
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D. ]~ducation and Government Access Support.. Grantee shall provide an annual grant to
Grantor to be used in support of the production of local educational, and governmental access
programming (the "Annual Grant"). The Grantor can require such funds to be paid quarterly
if demand for such is made by other cable operator producing such programs. Upon receipt,
Grantor shall pay such funds to the local other cable operator currently providing services and
equipment in support of such programming, or to any successor or successors which are
charged with such responsibilities. Grantor may condition its remittance to the other operator,
or any successor, upon the operator's compliance with all franchise requirements, particularly
those related to access program production and interconnection with other cable systems. This
Annual Grant fi.om the Grantee shall not be considered as a credit against Grantee's Franchise
fee. Grantor shall provide the Grantee with a complete accounting annually for the distribution
of funds granted pursuant to this Paragraph D. The Annual Grant provided by Grantee
hereunder shall be the sum of seven cents ($.07), per month per the average number of
Subscribers in the City to Grantee's Cable System's Basic Tier. The monthly rate will be
adjusted annually for inflation by the Consumer Price Index (CPI - Southeastern U.S. for all
urban consumers or the beat replacement if no longer available). Partial one cent increments will
be rounded to the next whole one cent payment. The Annual Grant payment(s), along with a
brief summary of the Subscriber information upon which it is based, shall be delivered to
Grantor within sixty (60) days after each calendar year or quarters as appropriate. Calculation
of the grant will commence with the fa-st calendar month during which Grantee obtains Its first
Subscn'ber in the City. In lieu of the Annual Grant in support of access programming outlined
in this Paragraph D, upon the mutual agreement of Grantor and Grantee, Grantee may provide
access programming support utilizing Grantee's mobile production van as mutually agreed to
by the ~amor and Grantee. The provision of such Services, if any, by Grantee shall be subject
to the provisions ofParagraph F below.
E. Government Access Facilities Grant. Grantee will provide Grantor with appropriate
government access production equipment and facilities to operate the facilities and' equipment '
necessary for live broadcast of City Council meetings fi.om the City Council Chambers. Grantor
will require an equivalent grant from any other cable provider in the granting of any franchises.
F. Ol2eratioll of Access Programming Eacilitie,$ or Equipment To the extent Grantee agrees
with Grantor to provide, maintain, or operate any facilities or equipment used to produce
educational and governmental ~ programming, Grantee shall do so for the benefit of itself
and all interconnected cable operators. Without Grantor's express written permission to do
otherwise, Grantee shall not use its brand name or send any promotional or other
announcements with respect to Grantee's .service on any education or g'~vernment access
Channel or use such Channels in any manner that would make distribution of the programming
on such Channels unsuitable for any interconnected cable operator. Grantee shall provide the
programming or signal related to any access programming produced pursuant to its obligations
hereunder to all interconnected cable operators so that all cable subscribers in the City can
obtain access to such programming regardless of who provides their cable service. Grantor shall
cause all other cable operators providing interconnection or carriage of educational or
governmental access programming to be bound to provisions similar to this Paragraph F upon
grant of such franchise agreements.
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G. publicity. Grantee shall actively promote ongoing community awareness of educational and
government access Channels, at a minimum in its program guides containing listings of the local
off-air broadcast signals in the Grantee's Basic Service tier, provided that the publisher of any
such guide consents to the inclusion of information, at no cost to the Grantee, concerning
educational and governmental access programming carried by the Grantee based upon the good
faith efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public service
announcements supplied by Grantor, all in such places and at such times as Grantee in its sole
discretion shall determine. Grantee shall provide Grantor, on request, with a summary of its
activities in this regard.
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APPENDIX D
CUSTOMER SERVICE STANDARDS
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CUSTOMER SERVICE STANDARDS
SECTION 1
UNIFORM CUSTOMER SERVICE
Grantee will follow uniform customer service standards and Channel lineup throughout Indian
River County, with the exception of educational or governmental channels and trial offerings
with a duration of no longer than 6 months. Grantee agrees that the materials to be used in the
construction and maintenance of the Cable System and the Cable Service, Basic Service and
Channels to be provided by Grantee shall be in every respect equal to the Cable Service, Basic
Service and Channels .provided by Grantee to other cities in Indian River County and agrees that
in providing Cable Service, Basic Service and Channels under this Franchise it will give to the
Grantor and its citizens the same favorable consideration extended to any other city, county or
area in Indian River County by Grantee.
SECTION 2
SOLICITATION OF SIJBSCRIFrIONS
:2.1 ~ubscription hfformatio..
2.1.1 Before providing any Service to any potential Subscriber and at least once a year to all
Subscribers, the Grantee shall provide the following subscription information to all potential
Subscribers and all Subscribers, in a clear, complete and comprehensible form:
a a description of the Cable Services provided by the Grantee, accompanied by a listing
oftbe charges for each such Service, either alone or in combination;
b. a listing of all rates, terms and conditions for each Cable Service or tier of Cable
Service, both alone and in combination, and all other charges, such as for returned checks and
for relocating cable outlets:
c. instructions on how to use other communications devices which may be used in
conjunction with the System;
d. a description of the Grantee's billing and collection procedures;
e. procedure for the resolution of billing disputes;
fi a description of the Grantee's policies concerning credits for outages and reception
problems, consistent with these consumer protection standards; "'
g. an explanation of the procedures and charges, if any, for upgrading, downgrading or
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1. disconnecting Sentices, consistent with these consumer protection standards;
2 h. the required time periods for the completion of installation requests, consistent with
3 these consumer protection standards, and an indication of the penalties for failure to complete
4 installation within such time periods;
5 I. the complaint resolution process: '
7 j. the proc~lures by which the Subscriber will be notified of any rate increase;
9 k. the local or toll-free numbem for the Grantee's Subscriber Service telephone system;
10 i. a description of significant fights accorded to the Subscriber pursuant to applicable
1.1. law. ..
1.2 2.1.2 The Grantee shall deliver copies of all such subscription information to the Grantor within
:~3 three (3) days after distributing it to the first Subscriber or potential Subscn'ber so that the
1.4 Grantor may ensure that the information contained therein comports with these consumer
15 protection standards and is not misleading. If'the Grantor determines that such information does
16 not comport with these consumer protection standards or this Ordinance or is misleading, the
17 Grantor may order the Grantee to submit to any Subscriber or potential Subscriber corrected
18 subscription information. The Grantee agrees that the Grantor assumes no liability for the
19 subscription information by virtue of its review of such information. ' ::~ : .. ~.:
2 0 2.2 [light of R, escissio0. Anyone who request~ the installation of Cable Service from the
21. Grantee shall have the right to rescind such request at anytime prior to the Point in time at.
2 2 which physical installation upon the premises begins. Anyone who requests a particular. Service
2 3 fi.om the Grantee shall have the same right of rescission, except that such right shall exptre once
2 4 the requested Service is actually received by such Person. :" -
2 5 2.3 M~ker Showing Converter Dial Loc~tion~. The Grantee will provide Subscribers wiih a
2 6 dial location card for all Cable Services when Channel line-up changes, at the time of installation
2 7 and upon request thereafter.
2 8 2.4 Procedure for_Installation.
2 9 2.4.1 Under normal operating conditions, the standards in this Section shall be met no less
3 0 than ninety-five percent (95%) of the time measured on an annual basis.
31. 2.4.2 Once a request for Cable Service is received, the Grantee shall either set a specific
3 2 appointment time or specify a four (4) hour time block during normal )usiness hours, as
3 3 requested by the Subscriber or potential Subscn~oer, during which the Grantee s work crew shall
3 4 install the necessary equipment to receive Service. The Grantee may schedule installation
2 5 activities outside of normal business hours for the express convenience of the Subscriber.
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2.4.3 Unless a later date is requested by a potential Subscriber, the Grantee shall complete
installation of service for any new Subscriber within seven (7) business days after any such
request is received, where the installation is located up to 150 feet from the existing distribution
system.
2.5 Kecords of Requests for Cable Service.
2.5.1 The Grantee shall keep records capable of showing all requests for Cable Service, which
shall contain, with respect to each request for Service, the name and address of the Person
requesting service, the date on which Service was requested, the date and appointment period
on which Service was scheduled to be provided and the date and appointment period Service
was actually provided. These records shall be assembled continuously and made available to the'
Grantor in summary form and ina legible format.
2.5.2 Any information in the records required by Section 2.5.1 of this Appendix may be
destroyed three (3) years after such information was collected, unless the Grantor authorized
the Grantee, in writing, to destroy any information required by Section 2.5.1 of this Appendix
prior to the expiration of such three (3) year period.
SECTION 3
TRAINING OF EMPLOYEES; TELEPHONE
3.1 lraining.ofEmployees
3.1.1 Each field employee of the Grantee who may come into contact with members of
the public at their places of residence shall: (i) wear a company-provided uniform identifying
the Grantee; (ii) use a vehicle appropriately identifying the Grantee; ('fii) wear a picture
identification card indicating his or her employment with the Grantee. Each such employee shall
also be trained to perform efficiently the various tasks, including responding to consumer
inquiries and complaints, necessary to provide customer services in a responsible and courteous
manner.
3.1.2 All Company employees shall identify themselves by first name when answering
Company telephone lines routinely used by members of the public.
3.2 Teleghone Li,es. The Grantee shall have local or toll free telephone lines for
receiving requests for repair or installation services, for reporting outages and for responding
to billing questions. Repair lines shall be answered twenty-four (24) hours per day, seven (7)
days per week.
3.3 St~Oard of Service for the Telephonq System. The Grantee shall maintain a State
of-the-Art telephone system throughout the term of this Ordinance. At the commencement of
the term of this Ordinance, the telephone system shall have, at a minimum, enough incoming
lines and adequate staff to process incoming calls such that telephone answer time, including
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wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs
to be transferred, transfer time shall not exceed thirty (30) seconds. Subscribers shall receive
a busy signal less than three percent (3%) of the time.
3.4 Compliance. The standards in Section 3.2 and 3.3 of this Appendix shall be met no less than
ninety percent (90%) of the time under normal operating conditions, measured on an annual
basis. The Grantee will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards unless a historical record of complaints
indicate a clear failure to comply.
SECTION 4
BH.I.1NG
4.1 The Format_of a Subscribers Bill
4.1.1 The bill shall be designed in such a way as to present the information contained therein
clearly and comprehens~ly to Subscribers.
4.1.2 The bill shall contain itemized charges for each category of service and equipment and any
installation of equipment or facilities and monthly use thereof together, ("Equipment") for
which a charge is imposed (including late charges, if any), an explicit due date, the name and
address of the Grantee and telephone number for the Grantee's office responsible for inquiries
and billing and the FCC Community Unit Identifier Number. The bill shall state the billing
period, amount of current billing and appropriate credits or past due balances, if any.
4.1.3 The Grantee shall not charge a potential Subscriber or Subscriber for any service or
equipment that the Subscriber has not affumafively requested by name. A Subscriber's failure
to refuse a cable operator's proposal to provide such service or equipment shall not be deemed
to be an affirmative request for such service or eqUipment.
4.2 Billi0g Pr~o~;edure~. All bills shall be rendered monthly, unless otherwise authorized by the
Subscriber, or unless service was provided for less than one (1) month.
4.3 Pro~kire~ for Collecting Late Bil[~.
4.3.1 No bill shall be due less than fifteen (15) days from the date of the mailing of the bill by
the Grantee to the Subscriber.
4.3.2 A bill shall not be considered delinquent until at least thirty (30) days have elapsed from
the mailing of the bill to the Subscriber and payment has not been received by the Grantee,
provided that no bill shall be mailed more than fifteen (15) days prior to the date Services
covered by such bill commence, except in cases where a Subscriber requests advance billing.
Late fees will not exceed Grantee's average cost of collecting delinquent accounts.
4.3.3 Except for terminating access to pay-per-view events, movies or other usage-pr/ced
Services, the Grantee shall not physically or electronically discontinue service for nonpayment
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of bills rendered for Service until: (i) the Subscriber is delinquent in payment for service; and
(ii) at least five (5) days have elapsed after a separate written notice of impending
discontinuance has been serviced personally upon a Subscriber; or (iii) at least eight (8) days
have elapsed after mailing to the Subscriber a separate written notice of impending
discontinuance (for which postage is paid by the Cvrantee), addressed to such Person at the
premises where the Subscriber requests billing; or (iv) at least five (5) days have elapsed artier
a Subscriber has either signed for or refused a certified letter (postage to be paid by the
Grantee) containing a separate written notice of impending discontinuance addressed to such
Person at the premises where the Subscriber requests billing. Notice of Service discontinuance
must clearly state the amount in arrears, the total amount required to be paid to avoid
discontinuance of service, reconnection charges if applicable, and the date by which such
payment must be made, and that Service will be discontinued K Grantee does not receive full
payment by the stated date. "
4.4 l~ro~;edure for the Resolution of'Billing Dispute~
4.4.1 The billing dispute resolution procedure shall be initiated once a Subscriber contacts the
Grantee's department which handles billing questions, orally or in writing, so long as such
contact occurs within thirty (30) days from the date of receipt of the bill by the Subscriber.
4.4.2 The Subscriber shall not be required to pay the disputed portion of the bill until the
dispute is resolved. The Grantee shall not apply finance charges, issue delinquency or
termination notices, or initiate collection procedures for the disputed portion of the bill pending
resolution of the dispute.
4.4.3 The Grantee shall promptly undertake whatever review is necessapy to resolve the dispute,
and shall not'~ the Subscriber of the results of the review as soon as it is completed, but in no
case latex than twenty (20) business days a.qer rec~qpt from the Subscriber of the billing dispute,
problem or complaint notification.
4.4.4 The Grantee shall notify the Subscriber in writing of its proposed resolution of the billing
dispute.
4,5 geferral of Delinquent Accounts to a Collection Agency
4.5.1 ffthe billing dispute resolution procedures have not been initiated, the delinquent account
may be referred to a priw,~e collection agency for appropriate action no sooner than-thirty. (30)
business days after it becomes delinquent.
4.5.2 If the billing dispute resolution procedures have been initiated, the delinquent account
shall not be referred to a collection agency prior to ten (10) business days after the conclusion
of those procedures.
SECTION 5
EQUWMENT PROVIDED BY THE GRANTEE
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5.1 Ty~e~ of Equipment To Be Provided
5.1.1 The Grantee shall supply a closed caption decoder to any hearing impaired Subscriber
who requests one at a charge not to exceed the Grantee's cost.
5.1.2 The Grantee shall comply with all roles and regulations promulgated by the FCC
pursuant to Sections 623 and 624A of the Cable Act (47 U.S.C. §§ 543 and 544a).
5.2 Terms for Rental and Loaner Equipment
5.2.1 The Grantee may require deposits on equipment it provides to Subscribers, provided that
all such deposits shall be placed in an interest beating escrow account for the Subscribers, which
deposit shall bear a r..easonable interest rate.
5.2.2 For billing purposes, the return of rental equipment shall be deemed to have taken place
on the day such equipment is returned.
SECTION 6
OUTAGE CORRECrION AND REPAIR SERVICE
6,1 Interruption of Service. The Grantee shall exercise its good faith to limit any scheduled
interruption of any Cable Service for any purpose to periods of minimum use. Except in
emergencies or incidents requiting immediate action, the Grantee shall provide Grantor and all
affected Subscribers with prior notice of scheduled Service interruptions; if such interruptions
will last longer than one and one-halfL]_lj~ hours.
6.2 Time Periods kY Which Outages Must Be Corrected and Regairs Made.
6.2.1 The Grantee shall maintain sufficient repair and maintenance crews so as to be able to
correct or repair any reception problem or other Service problem of either picture, or, sound
quality, including any outage of sound and/or picture, on any Channel except for a problem
caused by an intentional, wrongful act of the Subscriber or by the Subscriber's own equipment
which was not supplied by the Grantee, promptly and in no event later than forty-eight (48)
hours after the Grantee either receives a request for repair service or the Grantee learns of it.
For purposes of this Ordinance, "reception problem" shall constitute reception that an affected
Subscn%er reasonably determines :~ unsatisfactory, unless the Grantee can demonstrate that the
signals transmitted to such Subscn'ber are in compliance with the FCC's technical signal quality
standards (47 C.F.R. § 76.601 et seq.).
6.2.2 The Grantee shall maintain, at all times, an adequate repair and service force in order to
satisfy its obligations pursuant to the Section 6.2.1 of this Appendix, and in cases where it is
necessary to enter upon a Subscriber's premises to correct any reception problem or other
Service proble~ the Grantee shall either set a specific appointment time or specify a four (4)
hour time block during normal business hours, as requested by the Subscriber or potential
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Subscriber, during which the Grantee's work crew shall work on the Service problem. The
Grantee may schedule Service calls outside of normal business hours for the express
convenience of the Subscriber, provided the Grantee's customer Service representatives shall
at all times endeavor to be aware of Service or other problems in adjacent areas which may
obviate the need to enter a Subscriber's premises.
6.2.3 In no event shall the Grantee cancel any necessary scheduled Service call after the close
of the business on the business day prior to the scheduled appointment. If the Grantee needs to
cancel a scheduled appointment, it must contact the Subscriber and reschedule at a time
convenient for the Subscriber.
6.3 Failur~ T.o Meet Tim6 periods May Be Excuse. The Grantee's failure to correct outages
or to make repairs within the stated time periods shall be excused in the following
circumstances:
(i) If the Grantee could not obtain access to the Subscriber's premises; or
(ii) ii'the Grantor, acting reasonably, agrees with the Grantee that correcting such
outages or making such repairs was not reasonably possible within the allotted
time period.
6.4 No Charge f01' Rel~air ~Service. The Grantee shall not impose any fee or charge any
Subscriber for any Service call to his or her premises to perform any repair or maintenance
work on Grantee's equipment.
6.5 Service Calls To Be ProvidO ona Nondiscriminatory Basis. The Grantee shall provide all
Service calls throughout the Franchise Area on a nondiscriminatory basis.
6.6 Records ofl~ir Servif:e Request~t.
6.6.1 The Grantee shall keep records capable of showing all requests for repair Service and
information on outage correction (to the extent available with respect to each of the following
types of information), which shall show, at a minimum, the name and address of the affected
Subscriber, the date and the approximate time of request, the date and approximate time the
Grantee responds, the date and approximate time Service is restored, the type and the probable
cause of the problem, and the names of the Grantee employees who took the corrective
action~). Such records shall also describe the corrective action taken, and, in the case of
outages, shall estimate the numbers of Subscribers affected. For the purposes of this Section
6.6.1 "time" shall mean the time of request or appointment period, as applicable.
6.6.2 Any information in the records required by Section 6.6.1 of this Appendix may be
destroyed two (2) years after such information was collected, unless the Grantor authorizes the
Grantee, in writing to destroy any information required by Section 6.-.1 of this Appendix prior
to the expiration of such two (2) year period.
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SECTION 7
SUBSCRIBER COMPLAINTS
7.1 Complaints. For the purposes of this Ordinance, "complaint" shall mean any written
communication by a Subscriber or potential Subscriber or oral communication by a Subscriber
or potential Subscriber reduced to writing, including to a computer form, expressing
dissatisfaction with any non-programming aspect of the Grantee's business or operation of the
System.
7.2 Tlrrte Period for the Resolutioo ~Coraphints. Except where another time period is required
by any other provision of this Appendix, the Grantee shall make its good faith efforts to resolve,
as soon as practicable, and in no event later than seven (7) business days, all complaints af~er
they are received by the Grantee.~
7.3 Referral of Co~plain~s fi:om the Gr~mtor tO tl~e Grant~.
7.3.1 If the Grantor is contacted directly about a complaint concerning the Grantee, the Grantor
shall notify the Grantee.
7.3.2 Within seven (7) business days after being notified about the complaint, the Grantee shall
issue to the Grantor a report detailing the investigation thoroughly, describing the findings,
explaining any corrective steps which are being taken and indicating that. the Person who
registered the complaint has been notified of the resolution. ...
7.4 Complaint Records.
7.4. I The Grantee shall maintain complaint records, which shall record the date a complaint is
received, the name and address of the affected Subscriber, a description of the complaint, the
date of resolution, and a description of the resolution.
7.4.2 Any information in the records required by Section
7.4.1 of this Appendix may be destroyed after one (1) year ~er such information was collected,
unless the Grantor authorizes the Grantee, in writing, to destroy any information required by
Section 7.4.1 of this Appendix prior to the expiration of such one (1) year period.
SECTION
NOTICE
8.1 Notice Required
8.1.1 The Grantee shall provide written notice by mail to the Grantor and all Subscribers of
any change in any fee, charge, deposit, term or condition, which notice shall be provided no
later than thirty (30) days prior to the effective date of any such change. All notices required
by this Section 8.1.1 shall specify, as applicable, the Service or Services affected, the new
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rate, charge, term or condition, the effect of the change, and the effective date of the
change.
8.1.2 The Grantee shall provide written notice, by mail, to the Grantor and all Subscribers of
any change in any Channd assignment including Channel line-ups and programming changes
or in any Service (other than pay-per-view services) provided over any such Channel.
Written notice shall be provided no later than thirty (30) days prior to the effective date of
any such change.
SECTION 9
TERMINATION OF SERVICE AND DISCONNECTION
9.1 Notice o[ Termiln~tiQn of ServiceL As descn'bed in Section 4.3.3 of this Appendix, the
Grantee may terminate Service to any Subscriber whose bill has not been paid after it becomes
delinquent, so long as the Grantee gives proper notice to the Subscriber.
9.2 R~subscfiption tO Ca.bl~ Service. The Grantee shall not refuse to serve a former
Subscriber whose Service was terminated, so long as all past bills and late charges have been
paid in full.
9.3 ke, aglk o.f Time to Dis$otmectiomIf disconnection occurs at the Subscriber's written or
oral request, then, for billing purposes, it shall be de£med to have occurred three (3) days
after the Grantee receives the request for disconnection unless (i) it in fact occurs earlier or
(ii) the Subscriber requests a longer period.
9.4 Scheduling AppointragnB. Except for disconnection of Cable Service for non-payment,
the Grantee shall tither set a specific appointment time or specify a four (4) hour time
period during normal business hours, during which its work crew shall visit the Subscriber's
premises to disconnect Service and to remove any equipment. The Grantee may schedule.
such Service outside normal business hours for the express convenience of the Subscriber:
9.5 ~,eMol'ation of Subscriber Premises. The Grantee shall ensure that the Subscriber's
premises are restored to their original condition if damaged by the Grantee's employees or
agents in any respect in connection with the installation, repair or disconnection of Cable
Service.
9.6 Nq F~e_ for Disconnemion, The Grantee shall not charge any fee for disconnection.
Grantee will make a seasonal plan available for part-time residents at discounted prices.
SECTION 10
CREDITS AND REFUNDS
10.1 Grounds. As a result of the Grantee's failure to comply with these consumer protection
standards, the Grantee shall provide to each affected Subscriber or potential Subscriber, as
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applicable, the following credits:
(i) for a failure of the Grantee's crew to arrive at the Subscribers premises at the scheduled
time or within the promised four (4) hour period for any installation Service, as provided
in Section 2.4.2 of this Appendix. a credit equal to free installation.
(ii) for any reception problem, including any outage of sound and or picture on any Channel,
as defined in Section 6.2 of this Appendix, or for any other Service problem which remains
unrepaired for more than twelve (12) hours at, er either the Grantee receives from the
Subscriber a request for repair Service (provided that, to the extent access to the Subscriber's
premises is required to effect such repair, the Subscriber has granted the Grantee such access)
or the Grantee learm of such problem, an appropriate credit shall be provided to the Subscriber
equivalent to the prorated charge'of one day's servic, for each twelve hour block of time that
service remains interrupted up to the entire amount of the monthly Subscriber fee (For
example: 12 hours to 23 hours and 59 minutes -- 1 day credit; 24 hours to 35 hours and 59
minutes = 2 days credit, etc.).
(iii) for a failure of the Grantee's crew to arrive to correct any outage or make any
repair during the stated time period, as specified in Section 6.2.2 of this Appendix
(except where such failure is excused by Section 6.3 of this Appendix or except where
such crew is no longer required due to a repair effected in a nearby portion of the
System, in which case the Subscriber shall be notified by telephone that a visit to such
Subscriber's residence is no longer necessary), a credit, upon request, of Twenty
Dollars ($20); and
(iv) for the improper termination of Service to a Subscriber, free reconnection and a
credit as determined by Grantee.
10.2 Ptlrp0sg. The Grantee agrees that each of the foregoing occurrences necessitating S~ch
credits shall result in injury to such Subscribers, which injury will be difficult to ascertain
to prove. The Grantee agrees that each of the foregoing credits is a fair and reasonable
compensation for such injury and that such compensation constitutes liquidated damages, not
a penalty or forfeiture.
10.3 Calcu[atio0, For the purpose of calculating the amount of credit owed pursuant to Section
10. lCfii) of this At 3endix, such four (4) hour period shall be deemed to have. begun at the time
the outage oc~-urred. ,
10.4 Credits, With respect to any credit described in Section 10. l(iii) of this Appendix, the
Grantee shall provide a credit to any eligible Subscriber within thirty (30) days after the outage
or reception problem occurred. Grantee shall notify all Subscribers of the availability and
process whereby Subscribers may request such credits.
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10.5 R;fxmcl;. Refund checks
shall be issued promptly, but no later than either (a) the
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Subscriber's next billing cycle following resolution of the request or thirty (30) days, or (b) the
return of the equipment supplied by the Grantee if the Service is terminated.
SECTION 11
MISCELLANEOUS REQUIREMENTS
11, I Cla~g~ roi' l>9w0gr~de~,.The downgrading of a Subscriber's Service shall be effected
solely by coded entry on a computer terminal or by another similarly simple method, and the
charge for such downgrading shah not exceed the cost. Charges for changes in Service tiers or
equipment that are impossible to be made by coded entry on a computer terminal or other
similarly simple method and that involve a more complex method shall not exceed allowable
costs.
l 1.2 Credits. In the event applicable law permits, at any time during the term of this Ordinance,
the Grantor requires the Grantee to retroactively decrease or "rollback" rates, fees or charges
for any Service provided pursuant to the Franchise, the Grantee shall automatically provide a
credit on each Subscriber's bill affected by such decrease or rollback.
11.3 Payment $lafio_rm. The Grantee shall maintain full service locations at which bills can be
paid and Subscriber inquires can be answered.
11.4 Cal01q C~[(:[e. The Grantee shall provide in any cable programming guide supplied to
Subscribers a listing of the Channel location of all educational and governmental channels.
11.5 Pe.t~9Illl Cu~totrrler ~t~ce~ In lieu of a local office located in the City of Sebastian,
Grantee shall provide the following customer service for the duration of this Ordinance at any."
time it locates its office out of the city of Sebastian:
1. Field personnel will provide, deliver, and pick up set top boxes and other equipment provided
by Grantee at the Subscriber's service address.
2. Grantee shall maintain a toll free number accessible to Subscribers 24 hours a day, 7 days a
week for Subscriber complaints and the correction of System problems.
SECTION. 12
FAILURE TO COMPLY WITH THESE REQUIREMENTS
12.1 M~eti~l Requirem~l~.
12.1. I The Grantee agrees that substantial failure to comply with any material requirement set
forth in these consumer protection standards shall constitute an Event of Default.
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12,1.2 The Grantee also a~ees that fi.the Grantor determines, in the exercise of its sole
discretion, that the Grantee has, after notice from the Grantor, repeatedly failed to comply with
any requirement set forth in these consumer protection standards, then the Grantor may elect
to treat such failure in all respects as an Event of Defanlt.
12.2 Lia~ilil3' for Contr. actors'/Subconlractors' F~ilure To Compht. If the Grantee fails to take
reasonable steps to ensure that its contractors, subcontractors or agents abide by these
consumer protection standards, the Grantee shall be liable for any breach of these consumer
protection standards committed by its contractors, subcontractors, or agents just as if the
Grantee itseffhad committed the breach.
SECTION 13
CITIZEN' CABLE TV OVERSIGHT BOARD
13.1 Authorization {'~r the establishment for a Citizen Cable TV Oversight Board.
The Grantor hereby establishes the fight to create a Citizen Cable TV Oversight Board which
shall be created pursuant to an ordinance of the City of Sebastian. The Board will be governed
by the Codes of Ordinances of the City of Sebastian, Florida artql Florida Statutes.
The purpose of the Oversight Board is to review any unresolved complaint which has been
formally filed with the Grantor and remains unresolved for more than 30 days after written
notice to Grantee; to make recommendations to the City Council on matters associated with
any franchise applications for new service or renewals of existing franchises; conduct annual
quality of service heating and make report to the City Council concerning quality of service;
and make other recommendations to the City Council as may requested or authorized by the
City Council.
This Grantee and any subsequent Grantee shall be responsible for cooperating with the reqUests
of the Oversight Board as authorized by the Ordinance of the City Council of the City of
Sebastian, Flofida~
61
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City of Sebastian, Florida
Subject: Quasi-judicial public hearing for
Ordinance No. 0-98-22, a small-scale
amendment to the comprehensive plan
which amends the future land use map to IN
(Industrial) for certain property located at
10900 U.S. Hwy. 1, containing 1.85 acres
more or less.
Approved for Submittal by:
Agenda No.
Department Origin: Growth Management
Tracy E. Hass
Date Submitted: December 10, 1998
For Agenda of.' December 16, 1998
Exhibits: 0-98-22, Applicafifin for Comprehensive Land Use Change, Location Map, StaffReport and P&Z
recommendation
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
An application for a small scale amendment to the comprehensive plan which amends the future
land use map to IN (Industrial) has been submitted by Henry A. Fischer for certain property
located at 10900 U.S. Highway 1 containing 1.85 acres more or less.
Aaached for your review is an application for comprehensive land use change, a detailed staff
report and a location map. The planning and zoning commission recommended approval of this
comprehensive land use change at their regular meeting on November 19, 1998.
Staff recommends approval of the requested comprehensive land use change from COR to IN.
RECOMMENDED ACTION ,~\ ~2~c[~
Hold quasi-judicial public heating and move to adopt Ordinance No. O-98-22. ~ ~"
!
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ORDINANCE NO, O-9~-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORI[.~A, I
APPROVING A SMALL SCALE AMENDMENT TO TId~E COMPREHENSIVE PLAN
WHICH AMENDS THE FUTURE LAND USE MAP TO IN (iNDUSTRIAL) FOR LAND
CONSISTING OF 1.85 ACRES, MORE OR LESS, LOCATED AT 10900 U.S. HIGHWAY i
I, IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. 1, AND EAST OF
FEC RAILROAD RIGHT-OF-WAY; FINDING THAT THE COMPREHENSIVE PLAN
AMENDMENT QUALIFIES AS A SMALL SCALE AMENDMENT UNDER FLORIDA I
STATUTES SECTION 163.3187 (1) (C); PROVIDING FOR COPIES OF THE SMALL
SCALE AMENDMENT TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY
FLORIDA STATUTES SECTION 163.3184 (7); PROVIDING FOR REPEAL OF · I
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVER,~ ,BILITY: AND PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, the City Council has considered the application of Henry A. Fischer for i
a small scale amendment, to change the land use for certain property, as reflected on the
Future Land Use Map to IN (Industrial); and ....
WHEREAS, the application qualifies as a small scale amendment under Florida I
Statutes Section 163.3187 (1) (c); and 1
WHEREAS, the City Council has considered the criteria identified, in Sec. ti.,m 20/\~
11.8(c) of the Land Development Code and Florida Statutes Section 163.3187(1)(c) tdgether 1
with the findings and recommendations of its staff and the Planning and Zoning Commission; I
and , I
WH_EREAS, the City Council has provided notice of the proposed s~nmi ::;¢:tle Plan
Amendment and has conducted a final public heating to receive citizen input; and 1
WHEREAS, the City Council has considered the applicable provisions of the existi ng I
Comprehensive Land Use Plan together with the recommended findings of its staff; and I
WHEREAS, the City Council has determined that the proposed changes in the City's
I
Comprehensive Land Use Plan, as set forth in the small scale amendment application, are
consistent with the existing comprehensive plan and the future development goals of the City
of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA, as follows:
Section 1. QUALIFICATION AS SMALL SCALE AMENDMENT. The
application for a Comprehensive Plan amendment filed by Henry A. Fi:;cher qualifies as a
small scale amendment under Florida Statute Section 163.3187 ( 1 ) (c).
Section 2. AFFECTED PROPERTY. The small scale amendment to th~:
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the
following described real property, now lying and being within the incorporated area of the
City of Sebastian, Indian River County, Florida:
Commencing at the Southeast corner of Government Lot 3,
Section 8, Township 31 South, Range 39 East, run North
89° 36' 19" West a distance of 48.93 feet to a point on~
the present West right of way line of U.S. Highway No. 1
said point being the Point of Beginning for the following
metes and bounds description:
From said Point of beginning, run North 89° 36' 19"
West on the South line of said Government LOt 3, a
distance of 242.38 feet; thence run North 26° 04' 20"
West, 370.42 feet; thence run South 89° 35' 15" East,
243.18 feet more or less to a steel pin on the aforesaid
wast right of way line of U.S. Highway NO. 1; thence run
South 25° 57' 59" East along said right of way line 370
feet to the Point of Beginning. Containing 1.85 acres
more or less.
Section 3. DESIGNATION. The Comprehensive Plan Future Land Use ~.~,?~
shall be amended to IN (Industrial) for the affected property as described in Section 2.
2
Section 4. NOTIFICATION. Within ten (10) working days at, er adoption of the
Plan Amendment, the City shall transmit five (5) copies of the Plan Amendments to the
Department of Community Affairs as provided in Florida Statutes Section
163.3187(1)(c)(2)(b) and 163.3184(7). The City shall also submit one copy to thc regional
planning agency and to any other person or entity that has filed a written request with the
governing body for a copy of the Plan Amendment.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6, SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid or unconstitutional provision, k shall
further be assumed that the City Council would have enacted the reminder of this Ordinance
without said invalid or unconstitutional provision, thereby causing said remainder to remain
in full force and effect.
:~?~:tion 7. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption and authentication by the. signatures of the presiding officer and the Clerk of the
City Council within the time limits imposed by Florida Statute 163.3187(3)(c)..
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Chuck Neuberger
The Mayor thereupon declared this Ordinance duly passed and adopted this __
,1998.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Ruth Sullivan, Mayor
Kathryn M. O'Halloran, CMC/AAE'
City Clerk
(Seal)
Approved as to Form and Content for
Reliance by the City of Sebastian only:
Rich Stringer
City Attomey
4
day o t'
Permit Application No~
City of Sebastian
Development Order Application
-Applicant (If not owner, written authorization (notarized) from owner is required)
Name: Henry A. Fischer
Address: 10729 US-l, Sebastian F1 32958
Phone NumDec. ( 5611589_3f59 FAX Numbe~. (561) 589 '
7731
E-Mail: None
Owner(Ifdiffemntfrom applican~
Name:
Same as Above
Address:
Phone Number:. ( ) - FAX Number:. ( )
E-Mail;
IType of permit or action requested:
L~q~ ~- ~~.eni~ of Property from COR .to Industrial
PLEASE COMPLETE ONLY THOSE SECTiONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTiON THAT YOU ARE REQUESTING.
COP1ES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY11' COPIES OF ANY A~-I'ACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE. SUPPLEMETAL INFORMAl'ION FORM.
IA. Project's Name (if applicable):
Fischer's Trade Center Phase II
- B. Site Information
Address: 10900 US-I,
Lot: N/A Block: N/A
Indian River Count~ Parcel ~
Zoning Classification:
COA
Existing Use:
Vacant
Sebastian Florida
Subdivision:
Unit: N/A
08-31-39-00000-0030-00002-1
F~ure ~nd Use:
P~posedUse:
Property Industrial
C. Description of proposed activity and purpose of the requested permit or action (att~.ch extra sheets if
necessary): Building Phase II of Mini-Storage Units on Property
DATE RECEIVED: ~_./-/ /_.~
~F~rm CD-2OO~
[ A~roved: 08/27'/97 I Revision:
FEE P^IO: $ ~- ¢
RECEIVED
PaEe I of 3
Development Application
PTle Name: Doa
D. Project Personnel:
Agent:
Name: Carl Fischer
Address 10741 US-i, Sebastian,
Phone NumDe¢. (561) 589-8088
E-Mail: None
Attorney:
Name:
N/A
Addre~
F1
32958
FAX Number.
(56z)
Permit Application No.
58928188
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Phone Number. ( ) ' . -
FAX Numl2en ( )
E-Mail:
Engineer:
Name:
Mosby and
Address
on file
Phone Number:. ( )
Associates, Inc.
FAX Number. ( )
B-Mail:
Su~eyo~.
Name:
James A. Powler Land
Address
on file
Phone Number:. ( ) -
SurveYing
FAX Numben (. )
i, Henry A. Fischer// , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ I AM THE OWNER
AM THE LEGAL REPRESENTA~ OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
AOCU~TE AND ~UE T~B&T OF ~ ~OWL~DG~ AND BEL'EF. ~ "
SiGNA~RE ~en%~ ~; ~lsc~er : ., .
/
//
AS iOBN%FiCATiON, THIS ~ DAY OF ~/~. , 19~ ~
NOTARY'S SIGNA~JRE ~ L. Perry ~~YCOMMBSION ¢ CC751744
PRINTE~ NAME OF NCTARY ' ~~ ~ril 1~ 2002
S~L:
[F~rm CD-2001
Amc~roved: 08/2W97
j Page 2 of 3
'~ Revisicn:
J DeveJo~;ment Application
j F~ie Name: Doe
Permit Application No.
The following is required for ail comprehensive plan amendments~ zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
(/~VE, ~ i~HE OWNER(S) THE LEGAL REPRESENTATIVE OF Tile OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPUCATIOI~, HEREBY AUTHORIZE EACH AND EVERY MEMBER QF THE
RCARD/CCMMISSION OF THE CiTY OF :SEBASTIAN (THE "BOARD"r'COMMISSICN"~ TO PHYSICALLY ENTER UPON THE PROPERTY
ANO VIEW THE PROPERTY IN CONNFCT~ON WITH MY/OUR PENDING APPUCA~CN.
lANE HERE~Y WAIVE ANY OBJECTION OR DEFENSE [JWE MAY HA VIE, DUE TO THE QUASI-JUDICiAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY ROARD/COMMISSiON MEMBER ENTERING OR V,EWING THE PROPERTY, iNCLUD,NG ANY
CLA,M OR ASSERTiONj..TI-I.~T MY/OUR PROCEDURAL OR SUBSTANTA/E OUE PROCESS R,GHTS UNDER THE FLOR,DA
CONSTTTUT~ON OR THF//?D STATES CONSTiTUTiON WEERE V1OLATED By SUCH ENTERING OR ViEW,NG. ,
THIS WAIVER AND C/¢/~'/S~T iS B. EING SIGNED EIY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPUED, OR
PROMISES MADE, B~'.~NY/EMPLQYEE, AGENT, CONTP..ACTQR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE ~/ -- DATE
!
Sworn to and subscribed before me by
who is personally known to. me or prodgced '
Pdnted Name of Notary .Ann L.
Commission No./Expiration
Seal:
t Form CD-200~
[Approved:
Revision:
Pa¢e 3 of 3 I Development Appficat~on
[ FTle Name: Doa
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Permit Application No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
A'r'I'ACH ADDITIONAl PAGES IF NECESSARY.
1. Current land use map designation: Commercial or Residential (COR)
., 2. Proposed land use map designation: Commercial
General (CG)
3. Size of project in acres:
2.06 Acres
Describe the impact of ~e proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City. Should
have no impact and will comply with all codes
Is the proposed amendment consistent with the other elements
comprehensive plan? If not, which one(s)? Yes
of the
Is the proposed amendment in conformance with applicable substantive
requirements of the cit~ of Sebastian Code of Ordinances? If not, which
one(s)?
Form CD-2008
Revision:
Camp. Plan Amend. (Land
Uset
File Name: $icpaJu
Permit Application No.
...... 7. What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant ta the proposed
amendment?. None
~ 8. Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not?. Ye.s . -
9. Are there adequate public fadlifies to serve the proposed land use? If not,
which one(s) are not adequate? Yes
~ 10. Would the proposed amendment result in a significant adverse impact on the
natural environment?. If so. describe the impact,. None
Permit Application No,
11.
Would the proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial
resources of the city? If so, describe how. No
12. Does the proposed amendment result in an ordedy development pattem?
not, describe. Yes
13. Attached the following:
a. A vedfied statement showing each and every individual person having a
legal and/or equitable ownership interest in the subject property except
publicly held corporations whose stock is traded on a nationally
recc2gnized stock exchange, in which case the name and address of-the
corporation and pdndpal executive officers will be suf'fident.
×× b. Attach a list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
A survey and legal description of the property for which the land use
amendment is being rec:uested.
Fon-n CD-2008
ApprOved: $/27197
Revision:
Page 3 of 3
Camp. Plan Amend.
Pile Name: Sicpalu
Property Owners within 300 feet of Property
David Rocker
43 Minnisink Road
Short Hills, New Jersey 07089-1919
River Run of Sebastian Condo Association
6565 North River Run
Sebastian, Florida 32958
Incitco Realty Inc.
P.O. Box 430
Vero Beach, Flori& 32961-430
CITY UMITS
h/
7
VICI<ERS GROVE
LDR
STORMWA'FER
MANAGEMENT
(T~^CT A)
CITY UMITS
J
e
Community Development Department
Comprehensive Plan Amendment Application
Staff Report
Project Name:
Fischer Trade Center Phase II
Requested Action:
Project L~cation
Comprehensive Plan Future Land Use Amendment.
a. Address: 10900 U.S. 1
b. Legal: See Survey
c. Indian River County Parcel Number: 08-31-39.00000-0030-00002.1
Project Owner:
Henry A. Fischer
10729 U.S. 1
Sebastian, Florida 32958
(561) 589.3159
Project Agent:
Carl Fischer
10741 U.S. 1
Sebastian, Florida 32958
(561) 589.8088
Project Engineer:
Mosby and Associates
2455-14"' Aven u e
Veto Beach, Florida 32960
(561) ~e9-0035
Project Attorney:
Project Description
Narrative of proposed action: The applicant is requesting a
comprehensive plan amendment to change the future land use
designation from COR to IN for a 1.85 acre parcel of land. The
proposed land lies just East of an industrial tract containing mini-storage
units. The applicant is proposing to use the land for phase II of the mini-
storage units. The COR designation does not permit for this use,
therefor the applicant is requesting the land use change to IN.
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b. Current Zoning:
c. Adjacent Properties
Zoning
North: CG (county)
East: US 1
South: COR
West: IN
d. Site Characteristics
COR
Current Land Use
Vacant
US 1
Vacant
mini-storage
Future Land Use
CG
US 1
COR
IN
(li' Total Acreage: 1.85 acres
(2) Current Land Use(s): Vacant
(3) Soil: Immokalee
(4) Vegetation: Cleared
(5) Flood Hazard: Zone X
(6) Water Service: N/A
(7) Sanitary Sewer Service: N/A
(8) Parks: Riverview Park - ~ mile
(9) Police/Fire: Sebastian Police- 1 mile
Indian River Fire - 3 miles
Comprehensive Plan Consistency
C~
Future Land Use: COR
Traffic Circulation:
Maximum intensity in an average weekday vehicle tdp ends per 24 hour
pedod is 7/1,000 sq. ff. of gross floor area. The current zoning (CL)
allows a maximum intensity of 45/1,000 sq. ff. of gross floor area. The
proposed rezoning represents a 85% reduction in allowable end tdps.
Public Facilities:
Both commercial and industrial land uses water and sanitary sewer level
of service is 2,500 gallons per acre. Therefor no impact is expected by
the proposed rezoning.
10.
11.
12.
13.
14.
15.
f.
g.
h. Intergovemmental Coordination:
Conformance with Code of Ordinances:
Housing: No impact
Coastal Management: No impact
Recreation and Open Space: No impact.
Conservation: No impact
The proposed land use change is consistent with the Code of Ordinances.
Changed Conditions:
Land Use Compatibility: To the west of the parcel is a mini-storage facility. ..
Immediately to the east of the property is U.S. Highway 1. The proposed zoning
is compatible with the Highway and adjacent land use. ..
The maximum building coverage in the COR district is 30% while in the IN
district it is 50%, Both the existing and proposed zoning reqUire a minimum of
20% open space. Both zoning classifications restdct building height to 35 ff.
The impact of the proposed zoning is expected to be less than that of the
current zoning due to the reduction in traffic generation per 1,000 sq. ff. of
building area. However, the proposed zoning allows for a higher percentage of
building coverage. The proposed zoning is expected to have an overall lower
impact than the current zoning.
Adequate Public Facilities:
The public facilities are adequate for the requested rezoning. The proposed
use is not expected to impact existing public facilities.
Natural Environment:
The proposed land use change will not significantly impact the natural
resources.
Economic Effect:
The land use change will result in an 85% reduction in the level of service
standard for the parcel. It is estimated that the proposed rezoning will have an
overall positive impact on the neighborhood.
3
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16.
17.
18,
19.
20.
21.
Orderly Development:
The proposed land use change is consistent with the comprehensive plan. The
location of the site next to the railroad, with water and sewer available and
convenient access to US 1, this rezoning provides for orderly development.
Public Interest:
The proposed land use change is not in conflict with the public interest.
Other Matters: The requested land use change is consistent with the
future land use map.of the comprehensive plan. The corresponding rezoning
will allow for a significant reduction (85%) in the amount of traffic allowed by the
current zoning. Direct access to US I and the location adjacent to the Florida
East Coast Railroad will minimize traffic impacts in the area.
The proposed land use change will not have a greater impact on the water,
wastewater, drainage or solid waste facilities than the current zoning.
At its regular meeting on November 19, 1998, the planning and zoning
commission recommended approval of the comprehensive land use change
from COR (Commercial Office Residential) to IN (Industrial). '.
Analysis: The applicant is requesting a comprehensive plan amendment to
change the future land use designation from COR to IN for a 1.85 acre parcel of
land. The proposed land lies just East of an industrial tract containing mini-
storage units. The applicant is proposing to use the land for phase II of the
mini-storage units. The COR designation does not permit for this use, therefor
the applicant is requesting the land use change to IN.
Conclusion: The requested comprehensive land use change from COR tO IN
is consistent with the Comprehensive Plan, Land Development Code and Code
of Ordinances.
Recommendation: Staff recommends the City Council approve the requested
comprehensive land use change from COR to IN.
PREI~ARED BY
/:z/~/?,~
DATE
4
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR MEETING OF NOVEMBER 19, 1998
Mr. Tracy Hass gave staff presentation and recommended approval.
Mr. Schulke pointed out that any use allowed in Industrial zoning could be allowed at this
site.
There was discussion about the implication of 'spot zoning" and Mr. Hass explained why
it is not spot zoning because of the uses in the vicinity, and the Industrial property to the
Fear.
In response to a question from' Mr. Schulke, Mr. Hass responded that because this site
is such a small site, it is approved by City Council, and does not have to go through
State review.
Chmn. Munsart opened and closed the public headng at 8:11 pm, as there was no public
input.
MOTION by Mather/Vesia
I make a motion that we make a recommendation to Coundl that we approve the
Comprehensive Plan Future Land Use amendment for the Fische'r Trade Center,
Phase II, as presented by staff and find that it is consistent with the
Comprehensive Plan. - -'?.
Roll Call:
Mr. MacWiiliam (a) - yes
Mr. Thomas - no
VCh. Schulke - yes
Chron. Munsart - no
The vote was 4 - 3. Motion carded.
Public Hearing - Recommendation to City Council - RE. ZONING
CHANGE - COR (Commercial Office Residential) to Industrial - Fischer
Trade Center
Chmn. Munsart opened and closed the public headng at 8:12 pm, as there was no public
input. .
MOTION by MatherNesia
I make a recommendation to the Council for the rezoning for property frgm COR
to Industrial for Fischer Trade Center, Phase Ii, with staff findings included, and
consistent with the Comprehensive Plan.
City of Sebastian, Florida
Subject: First reading and public hearing of
O-98-23 rezoning Certain property located at
10900 U.S. Hwy. 1, containing 1.85 acres
more or less, from COR to IN.
Approved for Submittal by:
Agenda No.
Department Origin: Growth Management
Tracy E. Hass ~/~
Date Submitted: December 09, 1998
For Agenda of: December 16, 1998
Exhibits: 0-98-23, Application for Rezoning, Location Map, Staff Report and P&Z recommendation.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
An application for a zoning change has been submitted by Henry A. Fischer for certain property
located at 10900 U.S. Highway 1 containing 1.85 acres more or less. The applicant is requesting
a zoning change from COR (Commercial Office Residential) to IN (Industrial).
Attached for your review is an application for rezoning, a detailed staff report and a location map.
The planning and zoning commission recommended approval of this zoning change at their
regular meeting on November 18, 1998.
Staff recommends approval of the rezoning request from COR to IN.
RECOMMENDED ACTION
Accept first reading of Ordinance No. O-98-23 and set public heating and second reading for
adoption on January 13, 1998.
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!
City of Sebastian, Florida
Subject: First reading and public hearing of
O-98-23 rezoning certain property located at
10900 U.S. Hwy. 1, containing 1.85 acres
more or less, from COR to IN.
Department Origin: Growth Management
Tracy E. Hass /'~//--
Approved for Submittal by: Date Submitted: November 24, 1998
.,,~~ (~, ~ -For Agenda of: Decemberfl'2//61998
Exhibits: O-98-23, Application for Rezoniag, Location Map, StatlReport and P&Z reeommen~tion.. · '
EXPENDITURE AMOUNT BUDGETED: APPROPRIATiON
REQUIRED: None REQUIRED: None
None
SUMMARY
An application for a zoning change has been submitted by Henry A. Fischer for certain property
located at 10900 U.S. Highway 1 containing 1.85 acres more or less. The applicant is reqUesting
a zoning change from COR (Commercial Office Residential) to iN (Industrial).
Attached for your review is aa application for re. zoning a detailed staff report and a location map.
The planning and zoning commission recommended approval of this zoning change at their
regular meeting on November 18, 1998.
Staff recommends approval of the re. zoning request from COR to IN.
RECOMMENDED ACTION
Hold public hearing and first reading of Ordinance No. 0-98-23. and schedule second reading and
adoption heating on December 16, 1998.
City of Sebastian
1225 Main Street Q Sebastian, Florida 32958
Telephone (561) 589-5330 Q Fax (561) 589-5570
E-Mai: cityseb@iu.net
To: Mayor and City Council ~,"~ ~
From: Rich Stringer, City Attorney
Date: December 4, 1998
Re: Tie vote on Ordinance 0-98-23 first reading
The question was raised as to the effect ora tie vote on this ordinance at Wcdncsday's meeting. I
was preoccupied with the question of tie votes/prevailing parties/motions for reconsideration (in
my defense, I think I was getting sleepy at that point!), so I overlooked the obvious.
Under Robert's Rules of Order a tie vote equates to a loss for the motion on the 'floor and, thus, a"
request to change the status quo (such as a variance or code amendment) is automatically rejected
without need of a majority vote against it. However, landowner-initiated rezonings come under
another set of statutory and caselaw protections. Because of due process,c0nsideraQo, n~¢.?s ....,! :. ~..
clarified (of course, that's an ironic choice of words) under the Snyder line of cases, there must be
a full quasi-judicial public hearing before any final action can be taken on a re'zoning initiated by
the landowner ....
For some reason, we are still required by statute to have a first and second reading for thi:~ type of
re-zoning, but the public hearing is only held on the second reading. In essence, only two matters
may be acted upon at the first reading - whether the Council approves of the form of the
ordinance and accepts the suggested date for setting for the public hearing. The second reading,
along with the hearing, must be held at some point in the future. Despite my modesty, I must
assume that the form of the ordinance was acceptable since no comments were addressed to it.
Accordingly, as a matter of law, the only other thing that the Council could have rejected with the
2 - 2 vote was the agenda item request to set the public hearing for December 16, 1998. Perhaps
the Council wanted to wait until it had fa'st considered the laud use change on the 16th?
As an aside, I believe the Council could defeat a city-initiated rezoning at first hearing without
raising due process concerns.
By copy oft. his memo I am advising the City Manager that it would be appropriate to place a new
agenda item for the next meeting that will have a first reading of the ordinance but requesting that
a differerg date be set for the public hearing.
CC'.
City Clerk (record copy)
City Manager
QRDINANCE NO. 0-98-23
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REZONING CERTAIN PROPERTY LOCATED AT
10900 U.S. HIGHWAY i CONTAINING 1.85 ACRES MORE OR LESS,
FROM COR (COMMERCIAL OFFICE RESIDENTIAL) TO IN
(INDUSTRIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer has petitioned the City of Sebastian
for an amendment to the Zoning Ordinance; and ~
WHEREAS, .the City Council has provided notice of the proposed
zoning change and conducted a public hearing to receive citizen
input; ' and
WHEREAS, the City Council of the City of Sebastian, Florida;
has considered the criteria identified in Section 20A-11.6(C) of
the Land Development Code together with the recommended findings
and recommendations of its staff and Planning and Zoning
Commission; and
WHEREAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals,
objectives and other elements of the Comprehensive Land Use Plan.
B. The proposed use is in conformity with the
substantive requirements of the City of Sebastian Code of
Ordinances, particularly the Land Development Code.-
C. The proposed use is not in conflict with the public
interest of the citizens of the City of Sebastian.
D. The proposed use is compatible with adjacent land
uses.
E. Adequate public facilities and services exist in the
City to serve the proposed use and the demand for such use will not
exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any
adverse impacts on the natural environment.
G. The proposed use will not adversely affect the
property values in the area, or the general health, safaty and
welfare of the City or have an adverse impact on the ~inancial
resources of the City.
H. The proposed use will result in an orderly and local
development pattern.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. The change in zoning classification
created by the adoption of this ordinance shall affect the
following described real property, now lying and being within the
incorporated area of the City of Sebastian, Indian River County,
Florida:
Commencing at the Southeast corner of Government Lot 3,
Section 8, Township 31 South, Range 39 East, run North 89° 36'~ 19"
West a distance of 48.93 feet to a point on the present West right
of way line of U.S. Highway No. I said point being the Point of
Beginning for the following metes and bounds description:
From said Point of beginning, run North 89° 36' 19" West on
the South line of said Government Lot 3, a distance of 242.38 feet;
thence run North 26° 04' 20" West, 370.42 feet; thence run South
89° 35' 15" East, 243.18 feet more or less to a steel pin on the
aforesaid West right of way line of U.S. Highway No;. 1; thence run
South 25° 57' 59" East along said right of way line 370 feet to the
Point of Beginning. Containing 1.85 acres more or less.
Section 2. DISTRICT. The real property described in this
Ordinance is hereby rezoned from COR (Commercial Office
Residential) to IN (Industrial).
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Section 3, ZONING MAP. The official City Zoning Map
shall be amended to reflect this change in zoning district.
Section 4. CONFLICT. All ordinances or parts ef
ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shail not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provisions. It shall further be'.
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid or unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SectiDn 6= EFFECTIVE DATE. Following its adoption and
authentication by the signatures of the presiding officer and the
Clerk of the City Council, this Ordinance shall become effective
one day following the effective date of Ordinance 0-98-22.
The foregoing Ordinance was
Councilmember
by Councilmember
a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilm~mber Larry Paul
Councilmentber Chuck Neuberger
moved for adoption by
The motion was seconded
and, upon be~".ng put to
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 199_.
CITY OF SEBASTIAn,, FLORIDA
ATTEST:
By:
Ruth Sullivan, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
( SEAL )
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich stringer,
City Attorney
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F:errnit Application ,No.
City of Sebastian
Development Order Application
-Applicant (if not owner, wrftten authoriZation (notarized) from owner is required)
FI 32958
FAX Numben (561) 589'
Name: Henry A. Fischer
Address: 10729 US-I, Sebastian
Phone NumDe~. ( 5611589-3f59
7731
E-Mail: None
Owner (If d/fferent from applicant)
Name:
Same as Above
"Address:
Phone Numbe~. ( ) - FAX Numt~e~. ( )
E-Mail:
IType of permit ar amion reque~ed: Rezoning of Property from COR to Industrial
J~LEAS'E COMPt. E'I'E ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERM/T OR ACTION THATYOU ARE REQUESTING ......
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2' BY 11 · COPIES OF ANY ATTACHMENTS ~.., "
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPFLEMETAL INFORMA'ilON FORM.
I'-A. Project's Name (if applicable):
' S. Site Information
Address: 10900 U$-I,
Lot: N/A 81oOc N/A
-I~Qian River County Parcel ~.
Z~ning Cl~-~ification:
Fischer's Trade Center Phase
· Sebastian Florida
Subdivision:
Unit N/A
N/A
08-31-3.9-00000-0.030-00002.1
Future Land Use:
CDR CG
Existing Use: Proposed Use:
Vacant Property Industrial
' C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary): Building Phase II of Mini-Storage Units on Property
OAT~ RECEIVED: ~__ _
Form CD-20o? J PaVe I of 3
t A=oroved: 08/27197 I Re¥i:sion:
RECEIVED _~-~~)
DeveJol~me~t AppiicaMon
File Name: Daa
Pra.]e~ Personnel:
A~ent:
Name: Carl Fischer
Address
10741 US-I, Sebastian,
Phane Number:, ( 561)589_8~88
E-Mail: None
Attorney:
Name:
N/A
Address
Phone Number:. ( )
E-Mail:
Engineer:.
Name:
Mosby and
Add~-ss
on file
Phone Number:. ( )
Associates, Inc.
E-Mail:
Surveyor:.
Name:
James A. Fowler
Address
on file
Phone Number:. ( ) -
LaAd
E-Mail:
FI 32958
FAX Numbec (
FAX Numbe~ (
FAX Number:. (
Surveying
Permit Application No.
561) 58928188
FAX Number:. ( ) -
F°rm C~-2oo"i
A~o~_roved: 08/27/97
Page 2 of 3 j Devetopmen¢
Revision: j IRle Name:
Ann L Perry
MY CCMMISSlON # CC731744 EXPIRES
April 10, 2002
J~NOED ~-JEI, J ~OY J:AJ'N [NSI~ANC~ INC
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I, l~e_~ry ~A., ~.S~.~ ~ BEJNG FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ I AM T~E OWNER I
.AM THE LEGAL REPRESF. t~rrATTVE (DF THE OWNER OF THE PROPERTY DESCRIBED WHICH I$ THE SUBJECT MA i i ~R OF THIS
APPLICATION, AND TH~ ALL THE INFORMATION, MAPS, DATA ANI~JQR SKETCHES PROVIDED IN THIS APPtJCATION ARE
ACCURATE AND TRUE ~2 ~!!E BEST OF MY KNOWLEDGE AND BELIEF. _
SIGNATURE entry 4~. Fischer '
WHO IS PERSONALLy KNOWN TO
,'
PRINT-~D NAME OF NOTARY A~n L. Perry // '~'~';"
CQMMISSION NO,.JEXPIR,AT]ON
SEAL:
P~rnit Applica~on
The following is required-fa~all~omprehens~e plan amendmen~ zoning amendment
(including rezoning), site plans, conditional use pe~i~ special ~e pe~i~ va~ance$,
I~ exceptions, and appeals.
E, ~ ~E OWNER(S) ~E ~L R~RESENTA~E OF ~E ~NER OF ~E PRQP~ DESCRIBED WHICH IS
SU~ECT OF'~iS APPU~QN. HEREB~ A~~.~CH ~O ~Y M~MBER OF, ~E A~ ~O~
2~ann~g
AND VI~ ~E PECPE~ IN CQNNEC~GN W~ ~/OUR P~DING APPUCA~QN,
t~E HERESY WAIVE ANY O~EC~QN QR ;D~SE I~E ~Y ~, DUE TO ~E QUASi-JUDICIAL NACRE QF ~E
PROCEeDiNGS, RESUL~NG ~QM A~ BOAR~Co~ISSION M~8~ ~ING QR ~ING ~E PROPERS, INCLUDING ANY
C~IM OR ASS~QN ~ATp~/OUR PROCEDU~L OR SUBST~ DUE PROCESS RIGHTS UNDER
CONS~=ON OR ~E UNI~.~A~S CQNS~ON W~E ~O~ .Y SUCH ~,NG QR ~,NG. '
THIS WAfeR AND ~T ~S BEiNGSIGNED-B~US VCLUNTARILY~D NOT AS A RESULT OF ANY COERCION
PROMISES ~DE~N~M~QY~. AG~T~CTOR OR OFR~OF ~E~I~ OF
Sworn to and subs~ before me by /r~/ /. ritz ~< .
who i~ pemonally kno~ to me or pm~ .~..
as ide~fi~tion, this /,~ day of ~~~ ,1
Nota~'s Sign~ure ~ ',
Pdnt~ Name of Nota~ ~ L. ~arry
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Commission NoJE. xpiration
Seat:
fForrn CD-200? j P3ge 3 of 3
ADmroved: 08/27197 I Revision:
I Development Applic..,l~ion
I ~-Te Name: Doa
Permit Application No.
Supplemental Information
Rezoning Request
ATTACH ADDITIONAL PAGES IF NECESSARY.
..... 1. Proposed zoning:
Industrial
2. Is the proposed rezoning consistent with the other
comprehensive plan?' If not, which one(s)? Yes
elements of the
3. Is the proposed rezoning in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? if not, which one(s)?
¥~s
What land use and development changes have occurred since the effective
date of the comprehensive plan which are relevant to the proposed
amendment?. None
Is the proposed rezoning compatible with the existing or future land uses of the
city? If not, why not?. Yes
6. Are there adequate public facilities to serve the proposed land use? If not,
which one(s) are not adequate? Yes
IForrn CD-2017 ] Page i of 2
Approved: a/27/~7 t Revision: I FHe Name: Sirezone
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Permit Application No.
7. Would the proposed rezoning result in a significant adverse impact on [he
natural environment? If so, describe the impact. No
8. Would the proposed rezoning adversely affect the property values of the area,
the general, health, safety and welfare and impact the financial resources of the
city? If so, describe how,
9. Does the proposed rezoning result in an ordedy development pattern?
describe. 'zes
if not,
10. Attach the following:
a. A verified statement shewing each and every individual person having a
legal and/or equitable owners.,ip interest in the property upon which the
application for rezoning is sought, except publicly held corporations, in
which casa the names and addresses of the corporate officers shall be
sufficient.
×:( b. A list of the names and addresses of all owners of parcels ef real
property within three hundred (300) feet of The parcel to be considered.
XXc. A survey and legal desc,dption of the proper~ to be rezcned.
Form CD-2017'
Apcroved: 8/27/97
Page 2 of 2 ! Rez~3ning
Revision: I FT. te Name: Sirezone
CITY UtalTS
CITY
Community Development Department
Rezoning Application - Staff Report
Project Name: Fischer Trade Center Phase II
Requested Action: Rezoning from COR to IN
Project Location
a. Address: 10900 U.S. 1
b. Legal: See Survey
c. Indian River County Parcel Number: 08-31-39-00000-0030-00002.1
Project Owner: Henry A. Fischer
10729 U.S. 1
Sebastian, Florida 32958
(561) 589-3159
Project Agent:
Cart Fischer
1O741 U.S. 1
Sebastian, Florida 32958
(561) 589-8088
Project Engineer:
Mosby and Associates
2455-14a Avenue
Veto Beach, Florida 32960
(561) 569-00~5
Project Attomey:
Project Description
Narrative of proposed action: The applicant is requesting a
rezoning of 1.86 acres of land from COR to IN. The proposed lies just
East of an industrial t~act containing mini-storage units. The applicant is
proposing to use the land for phase II of the mini-storage units. The
COR designation does not permit for this use, therefor the applica~'~t
request the rezoning to IN.
b. Current Zoning: COR
c. Adjacent Properties
North:
East:
South:
West:
~ Current Land Use
CG (county) Vacant
US 1 US 1
COR Vacant
IN mini-storage
Site Ctmracteristics
(1) Total Acreage: 1.86 acres
(2) Current Land Use(s): Vacant
(3~ Soil: Immokalee
(4) Vegetation: Cleared
(5) Flood Hazard: Zone X
(6) Water Service: N/A
(7) Sanitary Sewer Service: N/A
(8) Parks: Riverview Park - % mile
(9) Police/Fire: Sebastian Police- 1 mile
Indian River Fire - 3 miles
Compmhensi~ Plan Consistency
a. Futura Land Use: CG
b. Level ~ Service
(1) Traffic:
(2)
Futura Land Use
CG
US 1
CG
IN
Maximum intensity in an average weekday vehicle trip ends per
24 hour pedod is 7/1,000 sq. ft of gross floor area. The current
zoning (CL) allows a maximum intensity of '~5/1,00f: sq. ff. of
gross floor area. The proposed rezoning represents a 85%
reduction in allowable end trips.
Potable Water:
Both commercial and industrial land uses potable water level of
service is 2,500 gallons per acre. Therefor no impact is expected
by the proposed rezoning.
2
10.
11.
12.
13.
14.
15.
(3) Wastewater:
Both commercial and industrial land uses sanitary sewer level of
service is 2,500 gallons per acre. Therefor no impact is expected
by the proposed rezoning,
(4) Stormwater:
The level of service standard is the same for all development;
therefore no impact is expected by the proposed rezoning,
(5) Recreation: No impact.
(6) Solid Waste: No change in impact expected.
(7) Other:
Conformance with Code of Ordinances: The proposed rezoning is consistent
with the Code of Ordinances.
Changed Conditions:
Land Use Compatibility: To the west of the parcel is a mini-storage facility.
Immediately to the east of the property is U.S. Highway 1. The proposed zoning
is compatible with the Highway and adjacent land use.
The maximum building coverage in the COR district is 30% while in the IN
district it is 50%. Both the existing and proposed zoning require a minimum of
20% open space. Both zoning classifications restrict building height to 35 ff.
The impact of the proposed zoning is expected to be less than that of 'the
current zoning due to the reduction in traffic generation per 1,000 sq. ff. of
building area. However, the proposed zoning allows for a higher percentage of
building coverage. The proposed zoning is expected to have an overall lower
impact than the current zoning.
Adequate Public Facilities:
The public facilities are adequa{e for the requested rezoning. The proposed
use is not expected to impact existing public facilities.
Natural Environment:
The proposed rezoning will not significantly impact the natural resources.
Economic Effect:
The rezoning will result in an 85% reduction in the level of service standard for
the parcel. It is estimated that the proposed rezoning will have an overall
positive impact on the neighborhood.
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16. Orderly Development:
17.
18.
19.
20.
21.
The proposed rezoning is consistent with the comprehensive plan. The location
of the site next to the railroad, with water and sewer available and convenient
access to US 1, this rezoning provides for orderly development.
Public Interest:
The proposed rezoning is not in conflict with the public interest.
Other Matters:
The requested rezoning is consistent with the future land use map of the
comprehe, nsive plan. The rezoning will allow for a significant reduction (85%) in
the amount of traffic allowed by the current zoning. Direct access to US 1 and
the location adjacent to the Florida East Coast Railroad will minimize traffic
impacts in the area.
The proposed rezoning will not have a greater impact on the water, wastewater,
drainage or solid waste facilities than the current zoning.
At its regular meeting on November 19, 1998, the planning and zoning
commission recommended approval of the rezoning change from COR
(Commercial Office Residential) to IN (Industrial).
Analysis: The applicant is requesting a rezoning of 1.86 acres of land from
COR to IN. The proposed lies just East of an industrial tract containing mini-
storage units. The applicant is proposing to use the land for PhaSe II of the
mini-storage units. The COR designation does not permit for this'use, therefor
the applicant request the rezoning to IN.
;
Conclusion: The requested rezoning from COR to IN is consistent with the
Comprehensive Plan, Land Development Code and Code of Ordinances.
Recommendation: Staff recommends the City Council approve the requested
rezoning of the subject parcel from COR to IN.
PREPARED BY
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City of Sebastian
I 1225 MAIN STREET El SEBASTIAN, FLORIDA 32958
TELEPHONE 1~611 589-~,330 r~ FAX (561/~89-25~
MEMORANDUM
DATE:
TO:
FROM:
November 24,1998
City' Council
Planning and Zoning Commission
SUBJECT: Request for Rezoning of Fischer Trade Center Tract
At its regular meeting of November 19, 1998, the Planning and Zoning Commission held a
public headng and discussed an application requesting the rezoning of a parcel of property
from COR (Commercial Office Residential) to Industrial. The following motion was made by
Mr. Mather and seconded by Mrs. Vesia:
"1 make a recommendation to the Council for rezoning for property from COR to
Industrial for Fischer Trade Center, Phase II, including staff findings, and consistent
with the Comprehensive Plan."
Roll call was taken:
Mr. Thomas - No Mr. Mather - Yes
VCh. Schuike -Yes Mr. Pliska - No
Chmn. Munsart - No Ms. Vesia - Yes
Mr. Macwilliam (a) -Yes
The vote was 4 - 3. Motion carried.
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City of Sebastian, Florida
Subject: Exchange of Real Property on Agenda No. ~3/O~0
Louisiana Avenue between Sam R.
Morrison and the City of Sebastian.. Department Origin: City Manager
Approved for Submittal by:
Thomas W. Frame, City Manager
Exhibits:
· Proposed O~inance No. O-99-1
Date Submitted: December 10, 1998
l~or Agenda of: December 16, 1998
· Survey dated 4/1/98 of property line encroachment
· Legal Description of properties proposed for exchange
· Warranty Deed showing Mr. Sam Morrison as owner of adjacent property
Expenditure [ Amount Budgeted: ApprOPriation Required:
n/a ] n/a n/a
SUMMARY
The City of Sebastian currently owns a tract of land located along the east boundary of Louisiana
Avenue. The use of that property is for an impound yard used primarily by the City of Sebastian
Police Department. The property to the immedia~ north of the City's property is owned by Mr.
Sam Morrison. Mr. Morrison has had his property surveyed and the certified survey shows that
the City has fenced a portion of his property and that a portion of the City's ownership extends
into what was thought to be his property.
Mr. Morrison has suggested that he and the City exchange the two triangular parcels thus
straightenino~ out questions relating to ownership ami encroachments.
The portion of Mr. Morrison's property, which is fenced in by the City, is 310.15 square feet,
and the portion of the city's property that e~eads out in front of Mr. Morrison's property is
625.85 square feet. The difference is 315.7 squa~ feet
To resolve the problem it makes sense to just exchange the two parcels so the ensuing property
line is perpendicular tc ~he right-of-wo" of Louisiana Avenue. Secondly, that Mr. Morrison be
required to pay the difference between the two parcels based on the value of the City's property
times the square footage difference.
Based on the records of the property appraiser, the square footage value of the City's property is
$1.67 per square foot which would yield $527.22. The value of Mr. Morrison property is $1.06
per square foot.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance No. O-99-1 and set the second reading and the
public hearing for January 13, 19.99, and set as a stipulation that Mr. Morrison pay $1.67 per
square foot for 315.7 square feet yielding $527.22 payable to the City of Sebastian and to
assume all recordin~ costs.
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ORDINANCE NO. 0-99-01
i AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
DECLARING A PUBLIC NEED FOR A LAND SWAP: AUTHORIZING EXCHANGE OF
I SAID LANDS; SETTING THE TERMS AND CONDITIONS OF SAID EXCHANGE:
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTWE DATE.
I WHEREAS, it has come to the attention of the City Council that lot lines along
i Louisiana Avenue do not all run perpendicular to the road right-of-way thereof; and
i WHEREAS~ the City and Sam Morrison, its adjoining neighbor to the property at
Louisiana, have in good faith erected improvements in said vicinity in the mistaken bel, ief
I that said lot lines were perpendicular to the roadway, resulting in encroachments by City
I improvements onto the land of Mr. Morrison and vice-versa; and
i WHEREAS, the City Council has finds that it would be in the public interest to'
exchange lands to reflect the lot lines believed to have been in existence by the parties rather
I than remove the improvements; and
I WHEREAS, Mr. Morrison has surveyed the boundary between the prope~ies and the
i C
ity Council has examined the tax assessments to establish the relative values of the parcels
to be exchanged; -
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
I CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
:,
I $¢gtion 1. FINDiNGS. Due to the existence of encroaching improvernents erected
by the City and Mr. Morrison each upon the land of the other, it is in the public interest to
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effect an exchange of real property to reflect the boundary believed to be in existence
I between the properties.
,
~ection2. AUTHORIZATION. The City Council hereby authorizes and
exchange of the following described parcels of real property now lying and being within the
incorporated area of the City of Sebastian, Indian River County, Florida:
See attached Schedule "A".
Section 3. CONDITIONS. The conditions of said exchange are that the City
Attorney shall oversee a closing on the property exchange, upon payment by Mr. Morri~on
of $527.22, with'inch party~ providing a warranty deed to the other party and with all
recording costs to be paid by Mr. Morrison. ~
$ection 4, SEVERAB1LITY. In the event a court of competent jurisdiction shall · -.,:;!':
hold or determine that any part of this Ordinance.. is invalid or unconstimti_onal, the remainder.·
of the Ordinance shall not be affected and it shall be Presumed that the City council of the
furtherCity. of. be Sebastian assumeddid that not the intend City Council to enact': would" such ?:,~ invalid. have enacted or Unconstitutional the remainder of pmvisi°~n~?;It this Ordih',qn~'~ _~' '" :::? · ~" '~''" ~:':''? ..... 'Shrill :. . ..:..:. "~ ! ~..:"' 'i,! ii-..
without said invalid or unconstitutional provision, thereby causing said remainder to remain
in full force and effect.
~;ectio~l $. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption and authentication by the signatures of the presiding officer and the Clerk of the
City Council.
The foregoing Ordinance was moved for adoption by Councilmembcr
. The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
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Mayor Ruth Sullivan
i Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright
Councilmember Larry Paul
i Councilmember Chuck Neuberger
I The Mayor thereupon declared this Ordinance duly passed and adopted this day of
,1999.
I CITY OF SEBASTIAN, FLORIDA
i .. By:
ATTEST: Ruth Sullivan, Mayor
I Kathryn M. O'Halloran, CMC/AAE ·
City Clerk
I (Seal)
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Approved as to Form and Content for
Reliance by the City of Sebastian only: .-.:
I Rich Stringer -..
I City Attorney ~
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SCHXDULE "A"
LAND CITY I~ TO CONV~Y:
A PORTION OF LAND LYINO IN GOVERNMENT LOT 4, GOVERNMENT LOT ~, AND THE SOUTH
1/2 OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE :39 EAST, INDIAN RIVER COUNTY, FLORIDA,
LYI]qG EAST OF LOUISIANA AVENUE AND WEST OF THE FLORIDA EAST COAST RAILROAD,'
BEING MORE PARTI~Y'DESCRIBED AS FOLLOWS:
COMMENCING AT ~iE SOUTHEAST CORNER OF SAID GOVF.,RNMENT LOT 4; THENCE NORTH
89° 59' 33" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4, A DISTANCE OF 41.91
FEET TO THE POI]qT OF BEGINNING; THENCE SOUTH 67° 41' 47' WEST A DISTANCE OF 55.37
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LOUISIANA AVENUE; THENCE NORTH
21 ° 36' :58' WEST ALONG THE EAST LINE OF SAID RIGHT-OF-WAY A DISTANCE OF 22.61 FEET;
THENCE SOUTH 89° 59' 33' EAST, A DISTANCE OF 59.55 FEET TO 33-IE POINT OF BEGINNING.
CONTAINING 625.85 SQUARE FEET MORE OR LESS.
L~uNI)~ORRiSON {S TO COI~y'EY: .....
A PORTION OF LAND LYING IN GOVERNMENT LOT 4, GOVER_NMI~VT LO~ 5,'~ THE SbtjTH
1/2 OF S£CTION.6, TOWNSHn' 31 SOUTH, KANG£ 39 EAST, IND~ ~ CO~~A,'i.:~
LYING EAST OF LOUISIANA AVENU~ AND WF_,ST OF THE FLORIDA EAST COAST KAILKO. _AD~,, ..
B~ING MOI~ PAR.TICUI,ARLY DESCRIBED AS FOLLOWS: '- ' -"~" :" '~'.,~'~'.~: .. ~-".~-t~, ',".7 :.,.:-'":i' '
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67°41' 47' F,~ST A D~STA~CS OF 3S.~ ~T TO A ~onvr ON THS WSST RIGHT-Of-WAY Ln~ OF
SAm ~OA~, T~C~ SOUTH ~-1°~ V0~' ~-~ST A DISTANC~ OF ~.9~ ~SST TO TH~ ~,onvr o~
BEGINNING.
CONTAINING 310.15 SQUAR~ FEET MOI~ OR. LF, SS.
· .~c-~ ~..-.-~" '~*;!~;~'~,~¢."[¢ ';. :' '~.."'0 ,:, .'/ :.~..... :: .
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City Council Workshop
April 7, 1993
Page Four
C. Mrs, ~191~ma Damll
Mrs. Damp inquired about the directional signs at CR 512 and CR 510; status of the
Elkcam Dam agreement; and stares of the Macedonia Baptist church on Bob Circle.
D. Mr. Robert Fre¢lancl '.
Mr. Freeland inqu~ed about trees at Hardee Park; congratulated Sal Neglia on his
appointment as President of the Sebastian Highlands Property Owners Association; and
- presented a letter (see attached) regarding use of city time and materials for personal
correspondence.
Following a brief discussion, and input from the City Attorney, it was the consensus of
City Council to establish a policy that no city property or time will be utilized by any
individual for personal use and the City Manager said the policy will be enforced.
TAPE I - SIDE II (7:49 p.m.)
Mrs. Corum explained the letters she had sent to U.S. lawmakers as a representative of
the City, ur~ng approval for land acquisition. ·
Mr. Freeland expressed concern about the March 1993 operating statement, particularly
Golf Course revenues. The City Manager said he will review it and respond. Mr.
Freeland suggested that a summary analyis be added to the monthly operating statement.
Mr. Oberbeck said he will meet with the City Manager to discuss the operating statement.
E. Mayor Lonnie R. Powell
Mayor Powell expressed concern about the content of Mrs. Comm's letters relative to
land acquisition.
City Council Workshop
October 2, 1996
Page Seven
way
~OUNCIL/MANAG£K MATT]~
I. Ma.vor Cilmvfight
a) Will not be available on Thursday, October 3, 1996 at 4:30 p.m.
b)
¢)
CRJ. 12 Street Lights - The City Manager said he was meeting with
Dan Haywood, FPL on the lights
City Stationary - Received Council consensus to allow Council
members to use City stationary for its correspondence, note when
the correspondence contains opinion of one member, and copy all
correspondence to the City Clerk
d) Ouasi-$udicial He_~ixlg ¥i4~ot~ing - Received Council ~m~m
· at qu~i-ju~ci~ he~g sp~ial m~ ~ not have to be
b)
People U~ipg.Vacant Property Without permission - City Manager
to look at model ordinances and come back with a recommendation
Portable Facilities on Construction ~i[~s in Kight-of-W~ -
City Manager to look at alternatives to locating in right-of-
c)
Conltruction Tmek Damag~ to City Streets - City Manager to
review and come back with an ordinance
e)
Abandoned Homes Under Construction - City Attorney will check
with City Planner about posting of bonds - City Manager cautioned
about the economic impact of bonds for residential construction
Stop San. d.P~emoval from SandricLg~ - City Manager will copy
information he has from Fellsmere
0
l)ir~tion to City Manager and Cil~ Attorney - Questions from
Public -Concurrence that all questions are directed through the
chair
Regular City Council Meeting
April 8, 1998
Page Eleven
C. Mr. ~l~;R Ne. uberger
Mr. Neuberger agreed that the CR.512/US lwestbound intersection is a real mess, to which the City
Manager responded he would ask the County Traffic Engineer to meet with Council on its concerns.
MOTION by Neuberger/Sullivan
I'd like to make a motion to extend the meeting.
VOICE VOTE on the motion CARRIED 4-I (Paul - nay)
TAPE III - SIDE I (10:31 p.m.)'
Mr. Neuberger continued relative to nuisance of loud music from ears; and said he thought the
Human Pa:source's statements relative to the growing lack of respect for the Manager/Council form -
of government as stated in his resignation letter were out of line.
D. Mr,_.I~0j'ry Paul
Mr. Paul said he had been asked to make a recommendation that the space behind the Police
Department be used for parking tractor trailers; wished the Human Resources Director good luck;
suggested another Council wish list meeting; agreed with getting fid of some itL-am on the pending
r"list; and asked for direction from the City Attorney regarding Council members using rifles when
writing letters as individuals and do not express the view of the Council, to which the cit~ Attorney
responded that "if you are writing a letter as a private citizen that you should not usd Councllmember
under your name beca~ it would give the appearance that it came ia your eap&ity as a City Council
member which would tend to make some people believe it was the desires'of tl~ entire Council. So
in general, if you are writing something as your role as a private citizen you shOuld not us~ the name
Councilperson If you are writing something, say you are on the Treasure Coast Regional Planning
Council, and you are writing some_thing to the pl_annir~g council and you want to indicate"that is your
role, you're the representative from Sebastian, that would be an appropriate time t~'s'ay ." '
'Councilmember, City of Sebastian' just to indicate that you're that representative, but if you're
writing something that is not in your official capacity you shouldn't be using the term 'City Council
member', unless, you can if you refer to it in the letter you can say 'I am not writing this letter in my
role as City Council Member even though I am a member of City Council'".
E. May..o.y Ruth Sulligan
Mrs. Sullivan cited a letter from Department of Community Affairs regarding an initiative to provide
funding for a local mitigation strategy, to which the City Manager responded that Indian River
County and its municipalities are participating to obtain funding; and inquired about the illegal
operation of commercial mulching machine, to which thc City Manager reported on an incident that
took place Monday on a property adjacent to the City garage. He said he had directed them to shut
down the operation, they had started up again; and then the Building Official gave them a stop order
and was awaiting a phone call from the contractor. Mayor Sullivan suggested a fmc and the City
Manager suggested other enforcement alternatives;
Regular City Council Meeting
August 12, 1998
Page Three
Th~ City Manager said he would look into it.
B. Mrs, Louis~ Castwright
Mm Cartwright reported one of the medians on US 1 was not being maintained.
C. ]~..Chuck Nml:~rg~
Mr. N~ul~xger announced an October 10, 1998 golf scramble fort~ ambulanc~ fund; and expressed
his concern for the manner in which Mrs. Settles' termination and payoffwere handled by staff'.
D. Mr. l,,any Paul
Mr. Paul ~xpressed contra for tl~ items now listed under New Business that he stated should be on
th~ Con,~nt Agenda and r~quested a consensus of Council members. "
M~kvo~ Sullivan polled the Council on whether to k~cp th~_proc~ll~ ~ ~l~j~ now: ..
Mrs. Cartwright - no
Mr. Ncub~r§er- y~s
Mrs. Wininger - yes --
Mrs. Sullivan- y~s
E. M~0~or Ruth Sulliv~
Mayor Sullivan said Council members should be able to 'usc their titles,' but'no council members'
should individually us~ official City stationary unless rcportin§ action of thc Council, and asked that
I a
policy b~ established; ~nd requested that any agreement containing financial obligations against th~
~ City must be approved by City Council. She rcqucstod that both bc on a future agenda. '
CONSENT AGEND~
98.151
Approval of Minutes - 7/15198 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98
Regular Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/5/98 Workshop..
Authorize Mayor to Sign L~tter Approving Distribution of $157,777 of Federal Fiscal Year 1998
Anti-Drag Abus~ Act Funds by Indian River County (City Manager Transmittal 8/6/95, Proposed
Lett~)
98.152
Pelican Island Preservation Society Request for Use of Riverview Park on Sunday, March 14, 1999
from 10 am to 4 pm for 96th Anniversary Celebration with Use of Electricity (City Clerk Transmittal
7/23/98, Letter 7/17/98)
I
City of Sebastian, Florida
Subject: Temporary Civil Engineer Agenda No.
Approved for Submittal by:
Thomas Frame, City Manager
Exhibits:
Department Origin: Public Works
Martha Campbell, P.E.'~j~_'~Z~.
Date Submitted: 12/9/98
For Agenda of: 12/16/98
Exhibit 1 - Justification for Temporary Civil Engineer
EXPENDITURE
REQUIRED:
IAMOUNT BUDGETED:
SUMMARY
APPROPRIATION
REQUIRED: N/A
The Department of Public Works is requesting authorization to hire a Civil Engineer on a
temporary basis. Exhibit 1 is a justification for the position. Funding for the position will be
from the Capital Improvement Program
RECOMMENDED fiCTIOlXI
Move to authorize the City Manager to hire a Civil Engineer on a temporary basis through the
end of FY99.
Manager's Note: The funding of this position shall come from capital funds and have no impact
on the general fund budget of the City nor to ad valorem taxes. The costs shall allocated between
the various capital projects.
It is my opinion that in order to get more production out with proper results, Ms. Campbell ~:; ti
need of this additional help. The only other approach would be to secure the services of
consultants which would not be as cost effective.
12/09/98
Civil Engineer Temporary Position Justification
Background
The engineering office is responsible for preparing plans and specifications for City
projects, reviewing development site plans, issuing driveway pcrrnits and drainage plans,
reviewing and monitoring fight-of-way construction, traffic engineering and traffic
control operations, managing engineering consultants on capital projects, managing the
culvert replacement contract, investigating citizen work requests for roads and drainage
issues, and providing engineering and surveying assistance to public works operations.
These programs and projects are supported by 3 staff members; the city engineer, an'
engineering technician, and a construction inspector.
~ositioll Justification
The capital improvement program between the carry-forward fi.om FY98 and the current
year FY 99 has $1,800,000 programmed (not including the paving program) that requires
engineering services. When considering the paving program, the total program requiring
engineering support is $4.5 million. This is a considerable sum considering that there is
only one engineer, the city engineer, on staff.
To date the following projects are actively being worked on:
Gas Tax
Bridge Repairs
DST- Roads & Drainage Elkcam Dam
319 Grant Administration
Schumann Dr. Drainage Construction
Blossom Drainage
DST - Parks & Rec Projects
BSSC South improvements
DST - Non-Depart Perimeter Culvert
Road Drainage Improvements
The following projects are prograwaned, yet have no resources or insufficent
resources to complete within the schedule:
Main Street Ramp & Dock Repairs
BSSC Green Building & Parking
BSSC Restrooms
Hardee Park Restrooms
DPW Compound Improvements
Paving Program
Dempsey Vocetle Driveways
12/09/98
It is proposed to augment the staff resources with the addition of a Civil Engineer to
prepare the plans and specifications for the above mentioned projects. It is anticipated
that the need for this position will run through this current fiscal year, at which time it
will be evaluated the status of the various projects.
Salary & Funding C_qn~iderations
The salary survey for Cities was consulted for an overview of salaries for similar
positions. An average salary for a Civil Engineer's is $35,000. The proposed salary for.
tiffs position is $15.17 per hour. The salary will be funded by the capital improvement'
budget for the item being worked on. Funding for the position will be for as
needed for the project until completed or no later than the end of the fiscal year, which
ever occurs first. The justification for the position and funding will be reexamined with
during the budget preparation for FY2000.
Recruitment
The temporary position will be advertised similar to other vacancies within the City.
Applicants will be reviewed for meeting the minimum qualifications. The best qualified
candidate will be selected. The minimum qualifications for the position will be a
Bachelor of Science degree in Civil Engineering. Temporary positions in the City are not
eligible for benefits including vacation or sick leave and medical insurance.
CML ENGINEERING SUPPORT
PARKS & RECREATION
Barber Street Sports Complex
South Area Improvements
Restrooms ~ Creative Playground
Green Building
Parking Area
Budget Amt
$40,000
$52,000
$131,500
$25,000
Hardee Park
Restrooms
Boat Ramp Renovations
Main Street
Yacht Club
$19,936
$25,000
NotBudgeted(grantappliedfo0
Main Street Dock
Replacement
$100.000
TOTAL
$393,436
STORMWATER MANAGEMENT
Elkcam Dam Grant
3 Days/Mo. X 12 Mo.
OPERATING SUPPORT
Grant Applications, Misc. Engineering Support
0.5 Day/Week X 52 Weeks
Total Eugr Hours
Engineering
Hours
1050
300
320 (both)
1850 Hrs
288 Hrs
20:~ Hrs
2346 Hrs
17.
CITY COUNCIL MATTERS
A. Mr. Chuck Neuberger
B. Mr. Larry Paul
C. Mayor Ruth Sullivan
D. Vice Mayor Martha Wininger
E. Mrs. Louise Cartwright
18.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
17
SEBASTIAN CITY COUNCiL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 16, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
2.
4.
Mayor Sullivan called the meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
City Cq~cil Present:
Mayor Ruth Sullivan
Vice Mayor Martha Wiuinger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Stitffpresent:
City Manager, Thomas Frame
City Attorney, Rich Sa'inger
City Clerk, Kathr)rn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 16, 1998
Page Two
AG]~II)A MODIFICAT[O~I$ (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added on~ upon a majori(F vote of CiO~ Council member~ (R-97-21)
98.218
PROCLAMATIONS, IkNNOUNCEMF~rI'$ AND/OR PRESENTATIONS
A. PresentatiQ0 by St. Johns P0ver Water ManagemeltI I)j~i~ 1~;, I, ocal Qoy~rament Assistan¢o
~ng~! Letter 11/25/98)
Marguerita Engel, Intergovernmental Coordinator with St. Johns Pdver Water Management District,
addressed City Council on types of assistance and materials offered by the District to local governments.
CITY ATTORNEY MATTERS '
8. CITY M/~'qAGER MATI'~RS
2
98.211
ITEMS CARRJED FOR~/ARD FROM DECEMBER 2. 1998 REGULAR M~I~TING
l)is~ussion of City Clerk Evaluation (.City Clerk Mem~_lJ/] 6/98)
3
98.212
l~ta~i/~h Policy for Charter Officer Evaluations 0~'o Back~}
4
98.213 C.
Adopt Fi~f~al Year 199_9 Priority. List Side Yard Culvert Installation (CiD Engineer_Transmittal
11/20/9.,8, Priority l.,is0
MOTION by
I move to adopt the fiscal year 1999 priority list for side yard culvert installation.
98.214
Authorize City Manager to Purchase Thr~ Hand-Heist Radar ~lOjt~ fro~ Applied Concepts,
Inc. for Police Department - :5;6.330 - Sole Source (Po[ic~ Transmittal 11/16/98, Quote, Sole-Source
Statemc))t)
MOTION by
I move to authorize the City Manager to purchase three Stalker SM3Ka radar systems with
accessories, as specified on the purchase requisition from Applied Concepts, Inc. for the Police
Department at a total cost of $6,330.
6
98.161
Appro¥~ Change Order ~tll Applied Aquatic Management Inc. in the Amount of $6000 (Public
~/orks Transmittal 11/24/98, Change Order 1}
MOTION by
I move to approve change order # 1 with Applied Aquatics for $6,000 for ditch spraying.
98.219
10.
~O~SENT AGENDA
~111 item.v on the consent agenda are corrvidered routine and will be enacted by one motion. There will be no separate discuss'on of
consent agenda items unless a member of CiO~ Council so requests; in which event, the item will be removed and acted upon separate~,, ·
A. Approval of Minutes - 12/2/98 Regular Meeting
Approve Use of Riverview Park for Easter Sunrise Service by Sebastian River Evangelical Ministers'
Fellowship on April 4, 1999 from 6 am to 8 am - Bleachers and Electricity (City Manager Transmittal
12/10/98, Kempf Letter)
The City Manager. read the consent agenda.
MOTION by
I move to approve items A and B of the consent agenda.
8
98.209
11.
Procedures for public heanngs: (R- 97.21)
* Mayor Oln~ns Hearing
~o~ R~ds Ord~nanc~ or R~olu~on
StaffP~ntatton
~b~c In~t - ~mH often Mi~tg~ Per S~ak~r
Staff~ummaffon
Mawr Cio~gs Hea~ng
C~ncil~c~on
~n~ne ~shlng to S~ i~ A~ked to Sign Up befor~ thg Meeang, ~en Called go to the P~ium and State Hi~ or Her Name for the R~cord
Ordinanl;C No. O-98-2Q - Materials .for Drainage Pipes Under Driveway Swales (CiD Manager
Tratasmittal 12/10J98, 0-98-20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNIY, FLORID& AlVlElq'DINO SECTION 90-87
(a) OF THE CODE OF'ORDINANCES OF THE CITY OF SEBASTIAN RELATIVE TO DRAINS UNDER DRIVEWAYS
FOR SWALE DITCHES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDINO FOR CODIYlCATION; AND PROVIDINO FOR AN
EF~CTIVE DATE. (lst Reading 11/18/98, Advertised Legal 12/4/98, Public Hearing 12/16/98)
The City Attorney read Ordinance No. 0-98-20 by title only; Mayor Sullivan opened the public
hearing at; the City Manager gave a brief presentation; Mayor Sullivan closed the public hearing at.
MOTION by
I move to adopt Ordinance No. 0-98-20.
9
98.001
Ordinan.c¢ bio. 0-98-21 - Falcon CONe Franchise Agreelll¢llt (City Manager TransmittAl 12/10/98,
gcvised 0-98-21)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. ORANTINO TO FALCON CABLE MEDIA, A
CALIFORNIA LIM1TED PARTNERSItIP, THE PER2V[ISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS.OF-
WAY IN THE CITY OF SEBASTIAN, FLORIDA, AS A MEANS OF PROVIDING CABLE TELEVISION SERVICES;
PRESCRIBING THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FILANCH~E; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDINO FOR SEVERABILITY OF
PROVISIONS; PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW; AND PROVIDING FOR AN
EFFECTIVE DATE, (lst R~adin8 11/18/98, 1st ~ing 12/2/98, Advertised L~gal 12/4/98, Pub{lc H~uing 12716/98)
The City Attorney read Ordinance No. O-98-21 by title only; Mayor Sullivan opened the public
heating at; the City Manager gave a brief presentation; Mayor Sullivan closed the public heating at.
MOTION by
I move to adopt Ordinance No. O-98-21.
10
98.210
12.
QUASI-JUDICIAL HEP~RIN(~
(Procedures are on Back of Agenda)
Ao
Qtl~i-JudiciaLHearing on Ordin.~ce, No. O-98-22 - Small Scale Comprehensive Land Usq Pligl.
Amendment - Fischer Property U.S. High~ay One (Growth Management Director Transmittal
12/10/98, Application, Locgi0n Map, Staff Report,.P&ZRecommendation,l
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SMALL
SCALE AMEJqDMENT TO THE COMPRF_lqENSIVE PLAN WHICH AMENDS THE FUTURE LA_,ND USE MAP TO
IN (INDUS--) FOR LAND CONSISTING OF 1.85 ACRES, MORE OR LF.,BS, LOCATED AT 10900 U.S. HIGHWAY
1, IN THE EAST CENTRAL PORTION OF THE CITY, WEST OF U.S. 1, AND FAST OF FEC RAILROAD RIGHT-OF-
WAY; FINDING THAT THE COMPREHENSIVE PLAN AMENDMENT QUALIFIES AS A SMALL SCALE
AMENDMENT UNDER FLORIDA STATUTES SECTION 163.318'/(1) (C); PROVIDING FOR COPIES OF THE SMALL
SCALE AlVIEND~ TO BE TRANSMITTED TO ALL PARTIES AS REQUIRED BY FLORIDA STATUTES
SECTION 163.3184 (7); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWrr~ PROVIDING FOR SEVERABILIlY; AND PROVIDING FOR AN EFFECTIVE DATE. (Only One Reading
Required, Advertised Sebastian Page 12/9/98, PH 12/16/98)
11
13.
INTRODUCTION_OF NEW.BUSINESS FI~OM THE PUBLIC
Item that tuu occurred or was discovered within the previous ~ix mont~ which is not otherwise on the agenda, sign-up
required, limit often minutes for each speaker
12
14. COMMITTEE REPORTSfRECOMMENDATIQDI$
98.210
IS.
16.
OLD BUSINESS - None
NEW BUSII~SS
First Reading of Ordin~ce No. O-98-:~3 - Rezoning Fischer property U.S. Highway On~ - Schedule
Quasi-Judicial Public Hearillg (Growth Managenlel~t Transmittal Ci~ Attorney Opinion, 0-98-23.
A. pplicatio~l, Map, Staff Report, P 81; ~ Recommendatior~
AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RI'VER COUNTY, FLORIDA, REZONINO CF_,RTAIN
PROPERTY LOCATED AT 10900 U.S. HIOHWAY I CONTAININO 1.85 ACRES MORE OR LESS, FROM COR
(COMMERCIAL OFFICE RESIDENTIAL) TO IN (INDUS--); PROVIDINO FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR SEVERABHATY; AND PROVIDINO FOR
AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-95-23 by title only.
MOTION by
I move to approve the fu'st reading of Ordinance No. O-98-23 and schedule the second
reading and adoption hearing for January 13, 1999.
13
98.220
First Reading of Ordinance No~ O-99-01 - Exchange of Properl~ !~ith Louisiana Prol~ctly Owner -
Schcclul¢ Public Heating for 1/13/99 (City Manager Transmittal 12/10/98, O-99-1.4/1/98 Survey,
],~gal Descriptions, 13/arranty Deed)
AN ORDINANCE OF Tile CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING A PUBLIC
NEED FOR A LAND SWAP', AI. rrHORIT-1NO EXCHANGE OF SAID IJdqDS; SETTING TI-IE TERMS AND
CONDITIONS OF SAID EXCHANGE; PROVIDING FOR SEVERABIIXTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
MOTION by
I move to approve thc first reading of Ordinance No. O-99-1 and set the second reading and
the public hearingfor January 13, 1999, and set as a stipulation that Mr. Morrison pay $1.67 per
square foot for 315.7 square feet yielding $527.22 payable to the City of Sebastian and to assume all
recording costs.
14
98.221
Use of Ci.ty Station0_r.y (Requested
Re: Sub, jec0 by Vice bqayor W/ninger) flour Excerpts of City Council Minute~
15
98.215
Request£or Ter~orary Civil Eq~jneer Through End of_Fiscal year 1999 w/Funding fromCagital
IIRi;)rovem~t Program Fumds - POStl;)oned from, 12/2/98 (Public Works Transmittal 12/9/98~.
Justification)
MOTION by
I move to authorize the City Manager to hire a Civil Engineer on a temporary basis through
the end of Fiscal Year 1999 with funding for the position fi.om the Capital Improvement program.
16
ITEM NO.
ROLL CALL
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
ROLL CALI~ 2
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwfight
ITEM NO.
ROLL CALL 3
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
ITEM NO.
ROLL CALL 4
Mrs. Sullivan
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
MOTION
SECOND
MOTION
SECOND
MOTION
SECOND
MOTION
SECOND
ITEM NO.
ROLL CALL 5
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
MOTION
SECOND
ROLL CALL 1
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO. ~¢. oOCc~
ROLL CALL ;~
Mr. Neuberger '/ ~.~'~
Mr. Paul "4 ~
MrS. Sullivan "/
MOTION
SECOND
MOTION
Mrs. Wimger ,/ ~/'~ 5
Mrs. Cartwfigh~/ SECOND
ITEMNO. ~°cT'~f~iP/ r~" *'~.~, MOTION ~fp
~0LL CALL 3 ~, ~xt~' , .... ,~~
~. P~ux '~~ ~~k ~ ~
~s. W~ger '/ ~' ~5' '7~ ~ ~+ D '
~. Neuberger ~ 7 ~ SECOND
ITEM NO.
ROLL CALL 4
Mrs. Sullivan -/
Mrs. Wininger y
Mrs. Cartwri~t7
Mr. Neuberger '/
Mr. Paul }/
ITEM NO.
ROLL CALL
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
SECOND
MOTION
ITEM NO.
ROLL CALL J~.
Mrs. Cartwri~t
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
Mrs. Wininger
ITEM NO.
ROLL CALL
Mr. Neubgrg,er
Mr. Paul ~ ~
Mrs. Sullivan"
Mr.~. wimg~
ITEM NO. ~
ROLL ~ALL
~. Paul
~s. Sulliv~
~s. W~ger
~s. C~ght
~. Neuberger
i mo.
ROLL CALL
~s. Sulliv~
~s. W~inger
~s. C~~t
~. Neuberger
~. Paul
MOTION /L// ~_~
SECOND
¢
SECOND
MOTION
SECOND
MOTION
SECOND
ITEM NO. - MOTION ~B
ROI~L CALL ~ /~. .
Mrs. Wininger
Mrs. Cartwright ~
Mr. Neuberger ~/x( ; ~ ~' x'~J1~
Mr. Paul""( ~~ ~
Mrs. Sullivan SECOND