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HomeMy WebLinkAbout1994-05-23 - City Commission Workshop Meeting Minutes1 City Council Workshop Meeting 5/23/94/KR Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP MONDAY, MAY 23, 1994 CALL TO ORDER: Mayor Norman Abramowitz called this meeting to order on Monday, May 23, 1994, at 10:00 a.m. in Conference Room #1 of Tamarac City Hall, 7525 Northwest 88th Avenue, Tamarac, Florida. PRESENT: Mayor Norman Abramowitz Vice Mayor Irving Katz Councilman Larry Mishkin Councilman Joseph Schreiber ABSENT: Councilwoman Sharon Machek ALSO PRUENT: Robert S. Noe, Jr., City Manager Mitchell S. Kraft, City Attorney Dina M. McDermott, Assistant City Manager Carol A. Evans, CMC, City Clerk Karen Jackson, Secretary 1. Cable TV Update Update by Ila Feld. Mr. Kraft said the most recent issue with Cable TV was the availability of the Ordinance of the Cable TV Franchise for the City's review. Mr, Kraft had asked Ila Feld, representative from Liebowitz & Associates, Telecommunications Council for Tamarac, to attend the meeting and asked her to update the Council on the Cable TV issues that were within her 79 page prepared document. He said the document answered questions concerning what the Ordinance did and where the Council should go from there. Mayor Abramowitz suggested condensing the document so that the public would not have to read the lengthy article several times. 0 City Council Workshop Meeting 5/23/94/KR Page 2 Ms. Feld distributed to everyone an overview to give people a perspective of where she was in the franchise process, what the objectives of the new Ordinance were, highlight the Continental Franchise agreement that presently existed with the City, how it interacted with the new Ordinance and also highlight sections of the new Ordinance that were of importance. She reviewed the contents of the Tamarac Cable Television Franchise Award Procedure, Model Ordinance, Cable Television Franchise - Continental, and Cable Television Model Ordinance .. Key Provisions contained within her overview (See Attachment 1). Ms. Feld stated that the City may choose to provide minimum requirements, such as a minimum channel capacity, which any franchise must meet. She said no one may offer less than the document required but they may offer more. Ms. Feld stated the definition of Cable System within the document quotes the Federal Communication Commission's definition of Cable System and added a specific exclusion regarding telephone systems. She said no one could come into the City under this document and offer a telephone cable system; which allows the City leeway and flexibility to negotiate telephone on a separate basis. C/M Schreiber asked Ms. Feld if telephone or satellite systems are considered cable systems. Ms. Feld said telephone systems are not considered as a cable system and, in the future, if telephone became capable of offering cable service, the document could be amended. Ms. Feld said a direct broadcast satellite for an individual homeowner was not a cable system and the Satellite Master Antenna TV System was an exemption to the franchise requirement. Discussion took place concerning Satellite Master Antenna TV Systems. Mayor Abramowitz said a document is being prepared to describe to the public the necessities of a franchise. Discussion was held regarding the need for franchises in condominiums. Mayor Abramowitz asked Ms. Feld to state what constituted a person not needing a franchise. Ms. Feld said this raised two subjects, one being the I City Council Workshop Meeting 5/23/94/KR Page 3 exemption to a franchise and the second being the legality of bulk rate contracts. Ms. Feld said if a person is not using public rights -of -way, multiple dwelling units commonly owned, managed or controlled are exempt and said this is a very complex issue involving the definition of management which has been submitted to the FCC in an attempt to receive a definite answer. Ms. Feld said the Federal Law requires uniform geographic rate structure regarding the bulk rate issue. She said if any development was offered a bulk rate, the Law states all other multiple dwelling units with contracts of the same number of units and contract duration should be offered the same rate. Discussion took place concerning the multiple dwelling units bulk rate situation. C/M Mishkin suggested Council may be premature in considering the franchise agreement based on the fact that the FCC could change the definition of dwelling units at any time. Mayor Abramowitz stated this Ordinance would not be effective tomorrow but it needed to be started so as to provide competition as requested by the people. C/M Mishkin asked what would happen if a new Federal Law concerning a franchise agreement became effective immediately after it was awarded to a franchise. Ms. Feld said Federal Law preempted any local law in the area. Discussion took place concerning the differences of awarding a franchise and negotiating a contract. Ms. Feld defined some of the terms in her document as follows: PEG was Public, Educational and Government Channels, ACCESS referred to leased access and INET was an Institutional network which might connect governmental offices for data transmission. Mayor Abramowitz said the Council did not want to discourage anyone coming in to franchise and since Continental's franchise will be expired shortly, it could be made more burdensome. He asked Ms. Feld whether they could, at any time, escalate the franchise fee and Ms. Feld responded that the Continental franchise agreement currently in place states the franchise fee is 3% or the maximum allowable by law with a minimum of $20,000. She stated the City had chosen to keep the fee at 3% but with City Council Workshop Meeting 5/23/94/KR Page 4 new franchises Council would want the same provisions as stated in the present agreement. Ms. Feld said as Continental's Franchise expires, the Council would want them to have to upgrade to the same standards of any franchise that had been granted in the interim. Mayor Abramowitz said although the Council would not want to discourage anyone, the City must be protected. Discussion ensued concerning possible franchise agreement decisions. ., •1111 N Ms. Feld said the Ordinance stated that perspective franchisers were to go to the City with the technology that was the functional equivalent of what Energized Trunk Cable was 20 years ago. Discussion took place concerning franchise service. Mayor Abramowitz asked Ms. Feld what would happen if a franchiser had the financial capabilities to provide services in five years instead of three years. Ms. Feld said this may be a violation of the Florida Statute that requires that terms which were no more favorable be given to the second franchisee. Ms. Feld said in general Continental had a 50+ station system and a minimum requirement of that 50+ was put in the proposed Ordinance. Ms. Feld said a fee is owed the City for any income the Cable operator realized because the City had given it a franchise to operate. Discussion took place concerning differentiating between the cost of the homeowner and costs accrued for business purposes. Ms. Feld said she wanted to point out that in Continental's franchise agreement, it is required that Continental have an office within the City which does not exist at present. Ms. Feld stated the purpose of the draft Ordinance was to create a new agreement and not to amend the current Ordinance. V/M Katz took exception to the fact that if Continental sold their company to another company the City would have the right to review the transfer. City Council Workshop Meeting 5/23/94/KR Page 5 Ms. Feld said she would have to re -check the franchise agreement but she believed the City did reserve the right to approve all transfers. Ms. Feld said she made the definition of Gross Revenues very broad because the City wants the right to collect a franchise fee on any income stream that results from the franchise. Ms. McDermott asked if this included advertising. Ms. Feld said the way it was written was that the Cable operator owes a fee on any income they realize because Tamarac has given them a franchise to operate. C/M Mishkin asked if this provision was true presently with Continental. Mayor Abramowitz said the City has challenged Continental and received about $16,000. He said the City charges a 3% franchise fee even though they could legally charge 5% because then the homeowners would have to pay 5% also. Ms. Feld said the City could differentiate the revenue base on which the franchise fee is collected as long as the total did not exceed 5%; however, the City can not tell the Cable company which portion can be passed through to the homeowners. C/M Mishkin asked if the FCC differentiated between residential and commercial. Ms. Feld said some City cable operators are currently charging commercial rates higher than residential. She said she had filed a Motion asking for an answer as to what extent residential and commercial can be charged different rates and the FCC has taken it under re -consideration for their current rule -making. C/M Schreiber said he felt it should be mandatory that the City hold public hearings to consider an application instead of having the option whether to hold one or not. He said this was a correction to page 21 Paragraph C of the proposed franchise agreement document. Ms. Feld also suggested a $3,500 non-refundable processing fee and advised the Council to be explicit that these fees were not part of the franchise fee. Mayor Abramowitz said a minimum of $1,000,000 insurance coverage was not enough. C/M Mishkin suggested specifying a greater amount in the agreement since $1,000,000 was a minimum coverage. City Council Workshop Meeting 5/23/94/KR Page 6 V/M Katz said if $1,000,000 was for indemnification it would not be nearly enough. Ms. Feld said $1,000,000 was to cover property and physical damage, bodily harm or wrongful death and there was no dollar amount for indemnification. Discussion took place. V/M Katz said he would like to see Letters of Credit or other types of guarantees such as a Letter of Credit from a corporate guarantee. Ms. Feld said the Reports & Records were there to protect the City and keep the City advised as to what was going on with the Cable System. Ms. McDermott asked Ila if the City had the right to audit any franchiser's bills and gross receipts to make sure they were complying with the franchise. Ms. Feld stated that she believed they had put a provision in the document where the City had the right to complete an audit at the City's expense; however, if there was a discrepancy in franchise fee payments of more than 1 %, the Cable operator would have to reimburse the City for the cost of the audit. City Manager Noe suggested an annual audit be required by an auditor selected by the City. Ms. Feld said if it was to be placed into the document it should be stated that this provision was separate from franchise fees. Ms. Feld stated the only time she recommended doing a full audit was if there was a question on the franchise fees. TAPE 3 Ms. Feld referred to Customer Service, and stated that the Federal Government had promulgated rules and regulations which indicated that any City or any franchising authority could take their customer service requirement and invoke not only these minimum standards but enhanced standards and enforcement mechanisms and apply them to existing Cable operators with a 90-day notice. Mayor Abramowitz recapped the discussion and said it had been the expression of the Council that a new franchise Ordinance and agreement be flL 1 City Council Workshop Meeting 5/23/94/KR Page 7 Put into place. He asked what steps would be needed to implement this Ordinance. Ms. Feld stated the application should be put out to the public and while it was being completed, the Council should be finalizing, reviewing and agreeing to the document she had presented. She stated the Council needs to decide what areas should be negotiable and what areas were deal - breakers. Mr. Kraft said it may be beneficial to the City Council to provide a copy of the rough -draft to the public and consider objections posed to the Council. Mayor Abramowitz said the City was asking individuals to give the City $3500 with an application. He said if the individual agreed with the draft of the agreement and then the City decides to change the regulation the City would not be truthful. He said it would be intelligent to finish the document before accepting applications from the public. C/M Mishkin said the City was planning to give out applications when they did not have an Ordinance describing the requirements. He said the City Council should adopt an Ordinance first and then give out applications. V/M Katz said the City Council had a basis for which to review. Mayor Abramowitz said he did not feel the $3500 application fee that would be credited towards the franchise fee was enough. He said the purpose of the $3500 as far as he was concerned was to discover dishonest individuals. Mayor Abramowitz said there were many decisions that need to be made by the City Council and the most important is whether the individual items will be deal -breakers or makers. C/M Mishkin said an important aspect of finishing the Cable Television Ordinance first would be having the opportunity to hear the public's input on the topic. Ms. Feld added the cable operators could comment at this time. Mr. Kraft said the Council would get feedback from the cable operators either before or after the Ordinance was adopted. Mr. Kraft stated this Ll City Council Workshop Meeting 5/23/94/KR Page 8 might be a situation where the Council would want to get all the information out and keep moving forward to finalize the Ordinance. Mayor Abramowitz opened the meeting to the public. Burton Schneider, resident, stated the workshop was a definite advantage to the City. Mr. Schneider stated he felt a 15 year agreement would be more beneficial than a 10 year. He stated the Council should be extremely careful on the burdensome issues being raised. Lou Sohn, resident, said he felt confident that the City Council was doing something constructive. Mayor Abramowitz said this process is not something that would happen in two weeks. He said there are so many complex issues and the worst thing that could be done is to make a mistake in the anxiety of getting good public relations. Mayor Abramowitz requested that Mr. Noe and Mr. Kraft provide him with a list of Continental Cable's customer service requirements. Mayor Abramowitz expressed his appreciation to Ila Feld for her input on the topic. C/M Mishkin said he had requested that the City Attorney provide the City Council with a one page recap of the principle items in the document with the indications of the minor revisions so the public does not misread the document. Mayor Abramowitz said there are some things that require time, discussion, research and facts. He stated there is no way that the changes discussed during this meeting could be stated in a one page document. Mayor Abramowitz said what needs to be done is to review item by item to make a decision. He stated some workshops during the week may be necessary. Mayor Abramowitz RECESSED for lunch at 1 1.55 a.m. and RECONVENED at 1:1 5 p.m. with ALL PRESENT. 1 City Council Workshop Meeting 5/Z3/94/KR Page 9 3. OC PATIONAL LICENSE EQUITY STUDY Mayor Abramowitz asked Mr. Noe if the Occupational License Equity Study had a time frame limit and whether or not an extension could be requested. Mr. Noe said he was unsure of this matter. Mayor Abramowitz asked Mr. Noe to give a short introduction. Mr. Noe stated this study was initiated by the City Council and a citizens committee was appointed to review the occupational licenses of the City. Mayor Abramowitz asked Mr. Noe why there was a time frame. Mr. Noe stated if it was not done soon, it would be preempted by the State or the County. Mike Vonder Meulen, Director of Planning, stated that in the 1993 State Legislation, many revisions were made, one of which was to create an Occupational Equity which was explained to Council prior to the election, when an Occupational License Equity Committee was established. He said the members met until March, 1994, and their work resulted in a proposed Ordinance. Mr. Vander Meulen said the Legislation requires this be done before Broward County and if not done before Broward County, the City would have to wait at least a year prior to reestablishing. He stated Broward County had not proceeded with their committee as of yet. Mr. Vonder Meulen said if the fees that the Equity Committee had recommended are established prior to City Council's vacation, they could be implemented in the new round of Occupational License renewals. Mayor Abramowitz asked if Mr. Vonder Meulen had ascertained what Broward County's actions are and what the time element in Broward County would be. Mr. Vonder Meulen stated Broward County had not yet established a committee and probably had a minimum of three months yet. Mayor Abramowitz asked how the titles were derived. Mr. Vonder Meulen responded that the Equity Committee met once a week from January through March and discussed each item line by line. 1 City Council Workshop Meeting 5/23/94/1<R Page 10 Mr. Vonder Meulen stated the Committee was made up of various members of the citizenry, mainly business people, some Board members of the Chamber of Commerce, the Chairman of the Code Enforcement Committee and a staff Liaison, Judy Yacobellis, who was familiar with the Occupation License system. V/M Katz stated some of the items were newly established. Mr. Vonder Meulen said as the Committee went through they tried to find like -type uses and they tried to organize them in a way that their fees would all be the same, either increasing or decreasing depending on the type of use. The Committee also reviewed additional new uses which could also be licensed such as vehicles. Discussion took place regarding the various items on the fee structure. V/M Katz said he wanted to make sure it was defensible. Mayor Abramowitz stated in every City there are some bizarre rules and regulations. Mayor Abramowitz said his interpretation on charging the fees was to ascertain costs and to cover the City's cost. Mr. Vonder Meulen stated this fee was just a tax that the City was authorized to charge. Discussion took place regarding the costs accrued by the City. Mr. Vonder Meulen stated this was a revenue generating item. Mr. Noe said he did not believe the theory of it was to just recover costs. Mayor Abramowitz asked how the committee determined the newly established figures. Mr. Vonder Meulen said the deadline is intended to prevent Tamarac from being forced to adopt Broward County's fee schedule which was drastically lower than Tamarac's. He stated that although the fees changed in both directions, increasing or decreasing, the City would be reflecting an estimated $36,000 increase in existing rates and with the new uses an estimated additional $20,000 would be generated. Discussion ensued regarding florist fees. City Council Workshop Meeting 5/23/94/KR Page 1 1 TAPE 4 Mr. Vonder Meulen stated the reason why the State Legislation was passed is because the Occupational License Tax is being used for selective zoning enforcement, etc. He stated there had not been any major reforms in the State legislation in the past 21 years. Mayor Abramowitz told the Committee to review and make any notations of questions and he would try to set up another workshop for Thursday, June 2, 1994. Ms. McDermott said she had asked staff to include a list of names of the business participants and the methodology. Mr. Kraft stated the need to know the methodology. Mr. Vonder Meulen said he would be able to produce such a report and mentioned that the By-laws and minutes of the committee meetings are attached to the document that had been handed out. Ms. McDermott made a recommendation that a summary report in writing from the Chairperson be produced stating who the Committee members were from the private sector. Mayor Abramowitz said in order to accomplish this intelligently and to have it on the record that it was done professionally, a report was needed from the Chairperson of the Committee. Mr. Vonder Meulen stated for convenience sake he would prefer this Ordinance be approved prior to City Council's vacation so the printing could be initiated of the new Occupational Licenses. 4. CHARTER REVIEW Mayor Abramowitz said at the last workshop the Charter Review came up and items were discussed to be placed on the upcoming election for referendum. He said two items specifically addressed the Charter Board. Mayor Abramowitz said he was going to give the Charter Board the opportunity to comment on the two items that specifically addressed them. He said the first item was a request made to have the Charter Board LI City Council Workshop Meeting 5/23/94/KR Page 12 elections and terms of office the same as the City Council elections and the second item was a suggestion by Council members to appoint Charter Board members rather than elect them. Mayor Abramowitz said, in reference to the first item, last year the City had to pay for a separate election just for the election of the Charter Board members who ran unopposed. C/M Schreiber asked why the Council should consider a referendum for appointing rather than electing. Mayor Abramowitz said in the interim, those who have been elected and have a term of office would be allowed to finish their term of office unless they decided to resign. Discussion took place regarding when the next election would be. Mayor Abramowitz asked Mr. Kraft what would happen if the Charter Board terms were changed to be the same as the terms of the City Council. Mr. Kraft said it would depend on when the referendum was presented to the people. He said there would be a transitional period as individuals would come up for election and there might be some 1, 2, or 3 year terms until it became coincidental with the Council elections. Discussion took place regarding future elections. Mayor Abramowitz asked Charter Board Chairman Morton Winter if there would be a way to stop special elections. Mr. Winter stated there had been some discussion by the Charter Board about going to an appointed board. Mayor Abramowitz asked what would happen if members of the Charter Board were to resign prior to election. Mr. Kraft stated the Charter would have to be followed as is if the members resigned prior to election but if they resigned after the referendum passed, their replacements would be appointed by the City Council. Mayor Abramowitz said the referendum must ask the public if they want an elected or appointed Charter Board. Mayor Abramowitz stated the Charter Board had a very important role to play making revisions to the Charter. 1 City Council Workshop Meeting 5/23/94/KR Page 13 Mr. Winter said the Charter Board sent six Ordinances to Council and, since the Charter Board and Council had not held a joint meeting or heard otherwise, the Charter Board did not know if the Ordinances had been addressed or not. Discussion took place regarding Charter Board minutes and past history. Mayor Abramowitz said the City needs a Charter Board who would redo the Charter. Mr. Kraft stated as far as replacement of Charter Board members, there are no alternatives to the Charter Board members if the whole Charter Board were to be vacant and, according to the Charter, the Board would remain vacant until the next election. Discussion ensued regarding processes of changing the Charter. Sydney Smith, Charter Board member, asked what would happen if several individuals did not want to resign. Harold Newman, resident, said the only City to have an elected Charter Board is Tamarac. He said other cities just had Charter Review Committees to review their charters. V/M Katz said there are two elections, one in September and one in November. He suggested if the appointed board referendum passed in September everything else would be moot but if it failed, the Council could try to change the time of the election and the term of office of the Charter Board members in November. Discussion took place. Mr. Smith asked who would make the appointment to the Charter Board. Mayor Abramowitz said the City Council would make the appointments. C/M Schreiber said the Charter Board must consist of a representative from every district and one at -large. Mayor Abramowitz asked if the referendum passed would it automatically become a Charter amendment. Mr. Kraft said a passed referendum would automatically amend the current Charter. 1 City Council Workshop Meeting 5/Z3/94/KR Page 14 Mr. Smith asked what the City was accomplishing by going from an elected to an appointed office. Mayor Abramowitz said this emanated from a study done by the foremost expert, Carla Coleman. Mayor Abramowitz said the current Charter Board is a victim of the past. He said the Charter Board had been one of the most contentious, argumentative and destructive portions of the City over a period of years. He said the Charter Board was charged with the duty to review and make recommendations for revisions of the Charter to the City Council because the Council did not have the time to do the job properly. Mayor Abramowitz said the difference between an appointed and an elected Charter Board is that the voters had elected to take away the duties that the Charter Board had in last year's referendum. He stated it was easier to remove an appointed official than an elected official. C/M Schreiber said, in essence, the general consensus and feeling of the Council and many others was that the Charter Board was not necessary based on Carla Coleman's report which indicated that every City in the State, except Tamarac, did not have an elected board. He questioned why go through all the necessary expense and trouble to run for office when it was not really that necessary plus the fact that the public did not vote for them to receive a salary. TAPE 5 V/M Katz made the suggestion to get a consensus to have the Attorney work up a draft that may be presented in September for the election for an appointed Charter Board having appointments from districts and one at - large and having the terms for the appointments included. Mayor Abramowitz suggested a term of three to five years. CONSENSUS OF OPINION: All Agreed Mayor Abramowitz said there is a definite need for a Charter Review Board to exist. Mr. Smith said the way he understood it was if a person had a year or two left, they would remain on the Charter Board for the rest of their term. He City Council Workshop Meeting 5/23/94/KR Page 15 asked if when individuals finished their terms could they be re -appointed. Mayor Abramowitz said as long as there would be an equal distribution of districts, a person could be appointed more than once. Harold Newman suggested that the name of the Charter Board be changed to Charter Committee or Commission. Discussion took place regarding scheduling Council meetings and Mayor Abramowitz said he would like to have a Thursday Workshop at 9 a.m. on June 2, 1994. 2. BELL SQUTH MOBILITY TOWER. Mayor Abramowitz said this benefited the police and fire departments. He said they proposed taking one of the light poles on the field which was eighty feet high and replacing it with the same type of pole 100 feet high. He said lights would be placed at the 80 foot mark and the only thing that would show would be four hooks (elements) at the top. He stated that it looked exactly like a light pole only 20 feet higher and nothing else would show except the four elements. The Mayor distributed a picture. V/M Katz said he would like to discuss one or two items from the Charter amendment to Section 4.02, City Council Election Terms and Qualifications, at the workshop on Thursday, June 2, 1994. Mr. Winter said Section 4.02 was one of the items that was sent up to Council for consideration from the Charter Board. He asked whether there was discussion on the other topics that were sent to Council. Mayor Abramowitz stated the Council had discussed the items but had not yet come to a determination. With no further business, Mayor Abramowitz ADJOURNED the meeting at 2:30 p.m. --, - - - Carol A. Evans, CMC City Clerk 1 A TAC1- 4DTT #1 5/23/94 CITY COUNCIL WORKSHOPTI�1G TAMARAC CABLE TELEVISION FRANCHISE AWARD PROCEDURE 1) Provide public notice of the City's interest in receiving applications for a cable television franchise. 2) Provide an application to be completed and accompanied by an application fee by all interested parties. 3) Adopt a Model Cable Television Ordinance. 4) Conduct a public hearing consistent with the requirements of Florida statutes. • the economic impact upon private property within the franchise area; • the public need for such franchise, if any; • the capacity of public rights -of -way to accommodate the cable system; • the present and future use of the public rights -of -way to be used by the cable system; • 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; • the financial ability of the franchise applicant to perform; • other societal interests as are generally considered in cable television franchising; • such other additional matters, both procedural and substantive, as the municipality or county may, in its sole discretion, determine to be relevant. S) Award of Franchise 1 TAMARAC MODEL ORDINANCE Objectives 1) Encoura a enyy of additional franchised opprators • Capability • Application 2) Obtain optimum nroduct/service for subscribers & city • State of the Art Technology • PEG / ACCESS / INET • Customer Service 3) Accommodate City Financial Interests • Reimbursement of Costs incidental to the award of a franchise • PEG Grant • Franchise fees 4) Compliance with Applicable Law • 1934 Communications Act, as amended • FCC Rules & Regulations • Florida State Law (F.S.166.046) 1) Term TAMARAC CABLE TELEVISION FRANCHISE CONTINENTAL [Ord. No. 73-36, 76-86, 79-52, 79-63, 82-26, 83-391 • Non-exclusive • 20 years, 10 year extension • Expires 1999 2) Build -Out Re uirement • Significant construction within 1 year of certification; extend energized trunk cable to substantial percentage of franchise 1st year. • Extension to 20% of population year • Extension to 100% of population third year 3) Coverage • Provide service to all dwellings and business within City except where such extension is unreasonable or uneconomical. 4) Insurance • $1,000,000 physical damage to property and person. 5) Performance Bond • $25,000 6) Services • 34 stations plus 1 access I C 7) PEG 1 outlet without installation or monthly service charge to all public Private and parochial schools and municipal buildings. 8) Franchise Fee • 3% of gross revenues or greater amount permitted by law • minimum $20,000 Quarterly payment • Late charge 10% • Certified gross receipts 9) Customer Service Office within City 1 TAMARAC CABLE TELEVISION MODEL ORDINANCE KEY PROVISIONS SECTION 1 Creation of Ordinance 2 Definitions (H) Cable System (Q) Gross Revenues 3 Intent and Pu ose (C) Impact on Continental (D) Phase of terms for new franchises 7 Interpretation (A) Application to Continental (B) Application to new franchises 9 Grant of Franchise (A) Ten years (B) Public Hearing (G) Processing Fee 10 Commencement of Service (A) Build Out Requirement 11 Insurance ($1,000,000) Indemnification 1 1 12 Security.Fund ($100,000) 13 Construction Bond ($100,000) 14 Minimum Facilities (Al) Current Continental Channel offering (A2) Additional PEG • 1NET • Security • Meter reading (A3) Cablecast City Council Meeting (A5) Service Outlets (A6) Emergency Cut In 16 Access Channels 17 Franchise Fee (A) 3% or maximum permitted by law (B) $20,000 minimum 18 Reports and Records 19 Customer Service • Requirements • Refunds • Fines 20 Applicability