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.
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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