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01-10-72 JANUARY 10, 1972. A regular, meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M., with Mayor James H. Scheifley in the chair, city Manager J. Eldon Mariott, City Attorney G. Robert. Fellows and Council Members Grace S. Martin, Leon M. Weekes and O. F. Youngblood being present. 1. The Opening Prayer was delivered by Rev. Semmie Taylor. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the special meeting and the Organizational Meeting of January 3, 1972, were unanimously approved on motion by Mrs. Martin and seconded by Mr. Youngblood. 6.a. Mr. J. L. Saunders was unanimously appointed to fill the one year vacancy on Council created by the resignation of James H. Scheifley, on motion by Mr. Weekes and seconded by Mr. Youngblood. Councilman Saunders subscribed to the Oath of Office given by the city Cle.rk. 4. Mayor Scheifley said he had received eight letters from residents on Palm Trail requesting additional street lighting and referred them to the City Manager for investigation. 4. Mayor Scheifley referred to a letter dated September 13, 1971, from Ellis Chingos regarding plans for a shopping center South of S. E. 10th Street and West of Federal Highway. He said that he is receiving many inquiries from people in the South part of the city about this shopping center and would like the support of Council in directing the city Manager to write to Mr. Chingos asking what his plans are for the shopping center. Mr. Weekes-reported that Mr. Chingos is. involved in legal action for hav- ing signed leases with two supermarkets for the shopping center, one being Food Fair and the other Publix. Further, that Food Fair took exception to the fact that a lease had been signed by another supermarket and took it to Court to have the leases tested legally and they are waiting for a judgment to be handed down by the Court. Mr. Weekes said he understands that all of Mr. Chingos' other agreements, mortgages, etc., have been set up and are ready to go as soon as this matter is cleared up. city Manager Mariott was directed by Council to write a letter to Mr. chingos asking what his plans are for the shopping center. 4.¢. Mayor Scheifley asked the city Attorney if he has an interpretation of whether the Landscape Ordinance can be extended to include private rights-o f-way. The city Attorney reported that he has to get more information before he can give an answer. 4..~-Mayor Scheifley introduced Clifford Durden's 9th grade civic class of Atlantic High School, who were present to observe the city government in action. 4. Mayor Scheifley read a PROCLA~tATION proclaiming the week of January 16 through 22, 1972, as JAYCEE WEEK and presented same to Mr. Chester A. Walker, President of the ~aycees. Mr. Walker sai~l that they are trying to rebuild the Jaycees in Delray Beach and plan to sponsor more activities than they did last year. 4. J Mayor Scheifley read a Proclamation proclaiming the year 1972 as JOBS FOR VETER~NS YEAR and presented same to Mr. Ralph Browning, Past Commander of the American Legion and presently the Service Officer for the American Legion and VoF.W. -1- 1-10-72 On behalf of the American Legion, Veterans of Foreign Wars, and all. Veterans of the United States as well as Palm Beach County and Delray Bea'i~ Mro Browning said it is his privilege and honor to work with the Unemploy ment and Compensation Bureau in their offices in West Palm Beach to give these gentlemen who fought gallantly for this country the opportunity to fulfill his obligation to be a good citizen and return to his natural haL- itat and be a good citizen of our community. 5.~ Mr. Quinton Ro Boerner, 14 N. E. 7th Street, a member of the Kiwanis Club and on its Conservation Committee, said that our environment is muC]% in the news and Kiwanis is deeply concerned. He then presented members of Council, the city Manager, city Attorr~.~ and city Clerk with copies of the 1971 Environmental Quality Index pre- pared by the National Wildlife Federation, which shows how we are progress' ing nationally and falling behind in the quest for quality environment. 5.QRev° Semmie Taylor referred to the arrest of a 15-year old youth an~ asked that something be done about the young poeple being arrested and placed in jail for several days.~~ He also referred to a man who was severely injured when a bathtub f~' through the floor of the building in which he was residing on N.W. 5th Aw~% and spoke of the sub-standard and unsanitary condition of some dwellings ~. that area and asked if the city could do something about thoSe condition~o The city Manager said that he would have .these items investigated and a report would be made to Rev. Taylor after the investigation has been made. Mayor Scheifley reported that he had received a call Sunday morning regarding the arrest of the 15-year old youth Rev. Taylor referred to an~ that he had been informed by the Municipal Judge that the youth had been released at 8:30 A.M. Sunday morning. 6°b. The following Boards and Committees were unanimouslY appointed to serve for the year 1972, on motion by Mr. Weekes and seconded by Mrs. Martin. BARBERS BOARD OF EXAMINERS J. Kermit Bougher, chairman 1145 East Atlantic Avenue. John F. Thompson 123 East Atlantic Avenue Gertrude Carter 413 East Atlantic Avenue BEAUTIFICATION COmmITTEE Mrs. George Hodges, chairman Mr. George Aspinwall, Secretary HONORARY CONSULTANTS Lawrence Parker ~. Franklin OutCalt J. B. Smith, Sr. Mrs. George Zahm Charles Toth Swan Brown ACTIVE MEMBERS Mrs. James Bowen Gary Gooder Mrs. John Bordeman William Kerr Mrs. Lens Brunner Mrs. George Little Mrs. George Dwyer Mrs. William Mudge Kenneth Ellingsw~rth Dr. Jack Odom Alfred Elliott Mrs. Charles Patrick Mrs. Howard McGinn John Lo Pitts, III Mrs. Paul Fenyvessy Mrs. Clarence A. Plume John Gomery Mrs. Monroe Farber -2- 1-10-72 COMMUNITY RELATIONS COMMITTEE LeRoy Baine Virginia Meyers Joseph W. Baldwin, Jr. Otto Mitchell Florence Barnes Gertrude Mudge Rev. Frederic F. Bush C. Spencer Pompey Mrs. Frank Lo Carey, Jr. Al. W. Risker Clifford Durden, Jr. Rosetta Rolle David D. McFadyen Jack D. Walker ELECTRICAL EXAMINING BOARD (Two-Year Term - 1972 & 1973) J. D. Acheson Master Electrician C. W. Trieste General Contractor J. William Gearhart Florida Power & Light Company Matt Gracey, II Layman Clarence D. Cook chief of Fire Prevention Richard T. Hanna Architect R. Co Keen Master Electrician HEALTH DOCTORS Dr. Jerry Cox Dr. J. Russell Forlaw Dr. John R. Smith Dr. Howard T. Willson PLUMBING BOARD (One-Year Term) Frank Ryncarz Layman Dr. Jerry Cox city Physician Eugene Elliott Journeyman Plumber Malcolm R. Tubbs Journeyman Plumber Robert Barnwell, Jr. Master Plumber Quentin Bishop Master Plumber Mark C. Fleming City Engineer TRAFFIC & PARKING COMMITTEE Andrew Gent Planning and Zoning Board LeRoy W. Merritt Businessman Kenneth Ellingsworth Chamber of Commerce James. Love Merchant R. Co Croft chief of Police Joseph Quinn Retired Fire Chief John Kabler Realtor Lt. C. Eo Dalton Police Department William A. Stuiber citizen John Klinck Engineer · city Manager Ex-Officio Planning Director Ex-Officio Mayor Scheifley reported that at a workshop meeting Ceuncil discussed the requirements for membership on the Beautification Committee, one of which is that Active Members should be residents of or own a business with- in the City limits. It was decided that if one spouse owns a business, the other is eligible for membership on this Committee. 6.c. Mr. John Ray, Local Manager of the Florida Power and Light Company, presented the city with a check in the amount of $139,944.49, covering the Franchise Tax payment to the city of Delray Beach for the year ending December 31, 1971. He said this shows an increase of 12 per cent over the previous year, which is indicative of the growth of Delray Beach. -3- 1-10-72 ~. Mayor Scheifley said that although many people talk to the members of Council about im~portant matters, they don't appear at Council meetings when these matters come up for discussion. He encouraged citizens to come to Council meetings and listen to the facts that are brought out and invited them to make constructive comments. 6.d. The city Manager reported that on December 30, 1971, he had delivez~,~ ed to each Council member a one-page memorandum containing his recommends- tion for a program to restore and hopefully preserve the beach in Delray Beach. At the January 4th workshop meeting, Council, with four Members present, indicated unanimous approval of the proposed program, and that J. L. Saunders, newly appointed Councilman, is also agreeable. The City Manager said if Council wishes to approve the proposed pro- ~. gram, he would suggest that the motion be to approve the program which has been presented in skeleton form only, and to authorize the taking of all necessary steps for implementation of the proposed program. He said it is necessary that no time be lost if there is to be any chance at all in meeting the very tight schedule in having this job done in less than a year. The City Manager said that since the January 4th workshop meeting, 1~~ has been in touch With the Corps of Engineers; the Division of Beaches a~ Shores in Tallahassee; the Department of Transportation; the Legislative Delegation; the County Commission and with the firm of Arthur V. Strock & Associates, Inc., Consulting Engineers, and that he knows what has to be done as preliminary steps now, both with respect to the State and to the Corps of Engineers. He said that a meeting has been set for later this month with members of the Legislative Delegation and with the Department of Transportation to be followed by a conference and tour of the beach with members of the County Commission. The City Manager said that each individual contract that is negotiat~ and whatever work is involved that is not done with City forces will come to the Council for review and approval or rejection and for the appropria- tion of funds. Mr. Weekes moved that the City Council approve the Beach Restoration and Preservation Program as presented in skeleton form by the City Manager and that the city Manager be authorized to proceed to implement the pro- gram. The motion was seconded by Mr. Youngblood, and carried unanimously, following lengthy general discussion and comments by Mr. Everett Palmatier,, President of the Beach Property Owners' Association, Inc., and former Councilman John L. Pitts, III. (The Memorandum dated December 30, 1971 is attached to the official copy of these minutes.) See page 14-A. 7.a. Receipt of the Beautification Committee Meeting Minutes dated Decem- ber 8 and 15, 1971, were acknowledged by the Mayor. ,Action was requested on the following excerpt 'from the~.December 8th minutes: _ "Mr. Aspinwall would like to learn the status of the FIND property adjacent to Fleetwing Marina and suggested the city obtain it if possible." The city Manager reported that a Coast C-.uard Auxiliary has leased this property and it is not available to the city at this time. 7.b. Council acknowledged receipt of the following letter dated January 5, 1972, from Arthur R. Spro-tt. Mr. Sprott was not present and the matter was not discussed. "Please accept ~this letter as my request to be placed upon the agenda for the next regular meeting of the city Council for the purpose of preliminary discussion ~cr the annexing of two tracts of land, being 36 acres and 210 acres, located on the north side of Lake !da Road between Congrgss Avenue and Chatelaine Subdivision. We are desirous of annexing for the purpose of acquiring service for water and sewer to the above describe~ tract." -4- i- 10- 72 9 7.c. Council was informed that an application has been received from the Palm Beach Coun.ty Unit of the American Cancer. Society requesting solicita- tion of funds from March 16 through 31, 1972. The City M~nager said that the Solicitations Committee has recommended approval of this application without Council endorsement because the fund raising and administrative costs are higher than those established in the ordinance to permit Council endorsement. Said request for solicitation of funds was unanimously approved with- out Council endorsement, on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.a. city Manager Mariott presented ORDINkNCE NO. 36-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A FRANCHISE TO TELEPROMPTER FLORIDA CATV CORPORATION, ITS SUC- CESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULA- TION AND USE OF THE COMMUNITY ANTENNA TELEVI- SION SYSTEM; AND PRESCRIBING PENALTIES FOR VIO- I~ATION OF THE FRANCHISE PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Ordinance No. 36-71 is attached to the official copy of these minutes.) See pages 14-B-O. A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the city of Delray Beach, was held, and there being no objection to Ordinance No. 36-71, said Ordinance was unanimously passed and adopted on this second and final read- ing, on motion by Mrs. Martin and seconded by Mr. Weekes. 8.b. The city Manager presented ORDINANCE NO. 44-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIONS 13 and 24, TO%~NSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVID- ING FOR ~E ZONING THEREOF. Attorney John Ross Adams, representing the applicant, asked that fol- lowing the Public Hearing on this Ordinance that it not be' further consider- ~d until the next regular meeting. He also asked if a workshop meeting could be scheduled prior to the January 24th regular Council meeting in order fOr Council to hear the explanation of the proposed site plan of the first phase of development of the property contained in this Ordinance of annexation after the Planning and Zoning Board have considered it at its January 18th meeting. A Public Hearing, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the city of Delray Beach, was held concerning Ordinance No. 44-71 and there were no objections to said Ordinance. 9.a. Council unanimously approved a site plan submitted by joyce of Florida, Inc., for the construction of a 30-unit apartment development on Lots M-l, M-2 and M-3, TROPIC ISLE, Section Four, located at 707 Tropic Isle Drive, as recommended by the Planning and Zoning Board, on motJ. on by Mr. Saunders and seconded by M~s. Martin. -5- 1-10-72 9.b. Council was informed that the Planning and Zoning Board, by a 4 to vote, recommende~d against the approval of a site plan submitted by Paul Ledridge, et al, for the construction of a seven-story, six-unit apartmen~ building on portions of Beach Lots 19 and 20 lying between South Ocean Boulevard and Salina Avenue, located at 80 South Ocean Boulevard. The City Manager reported that at the January 4th workshop meeting he informed Council that the applicant had requested that the proposed site plan be referred back to the Planning and Zoning Board for study and recommendation prior to Council action. It was pointed out that if there are major changes made in the preselt site plan, another public hearing would have to be held. Mr. Dean Luce, 36 South Ocean Boulevard, voiced his objection to th~i~ proposed site plan and asked Council to not refer it back to the Plannin_g and Zoning Board for further study and recommendation. Said site plan was referred back to the Planning and Zoning Board f~r further study and recommendation, on motion by Mr. Youngblood and seconded by Mr. Saunders. Upon roll call, Mr. Saunders, Mr. Weekes and Mr. Young~i~ voted in favor of the motion and Mrs. Martin and Mayor Scheifley were op- posed. 9.c. City Manager Mariott reported that the Planning and Zoning Board its December 21, 1971 meeting unanimouslyrecommended that Peach Street between N. W. 14th Avenue and the 1-95 interchange right-of-way be vacate, as requested by the applicants, and that the North Half of the subject property and Lots 6 and 7, LIBERTY HEIGHTS be replattedo The Planning and Zoning Board's recommendation was unanimously sus- tained, on motion by Mr. Saunders and seconded by Mr. Youngblood. 10.a.-/ Council was informed that the following bids were received for the purchase of nine vehicles for the Parks and Recreation, Public Works and Water Departments with funds covering the purchase of these nine vehicles being appropriated in the 1971-72 Budget. Adams Hauser Rich Chevrolet Motor Company Motors (1) One %' ton Pick-Up (Water) $ 2,297.00 $ 2,459.67 $ 2,5.22.98 (2) Three 3/4 ton Pick-Up Chassis Only (Parks & Recreation & Public Works) $ 7,530.68 $ _7,238.75 $ 8,244.50 (3) Two Truck Chassis for Flat Bed Dump Body (Public Works) $ 7,831.22 $ 7,553.56 $ 8,872.88 (4) One Truck Chassis for Flat Bed Dump Body (Public Works) $ 3,924.36 $ 3,808.60 $ 4,340.94 (5) Two Truck Chassis for 5 Cubic Yard Dump Body (Public Works) ~10,762.84 $10,657.46 $12,196.58 T~e city Manager recommended that the low bid for the first four be accepted and that the second low bid for the fifth item in the amount of $10,762.84 submitted by Adams Chevrolet be accepted. He said the low bid for the fifth item in the amount of $10,657.46 submitted by ~tauser Motor Company does not meet city specifications. ~%e City Manager's recommendation was unanimously sustained, on moti~ by Mr. Weekes and seconded by Mr. Saunders. -6- 1-10-72 10.a.-~ The city Attorney reported that at the January 4, 1972 meeting of the Legislative.Delegation, the Delegation first adopted a policy that it would not entertain any local bills from municipalities which could be covered through home rule powers and this eliminated three of the city's items. He said that when West Palm Beach was before the Delegation they brought up the question of extending their reserve area and the Delegation adopted a policy that it would not extend reserve areas for any municipal- ity. The City Attorney said when he appeared before the Delegation, and brought up the question of Amtrak, the Delegation was glad to hear there was no legislation needed. He then brought up the question about control of the city's present reserve area, and after discussion, the Delegation adopted a policy that it would not extend any municipality powers, except for hot pursuit, out- side the city corporation limits. The city Attorney presented the following Resolution requesting the Legislative Delegation of Palm Beach County, Florida, to amend Section 3 of the Delray Beach Downtown Development Authority Charter, and asked that same be passed, which would also authorize him to take all action neces- sary to obtain passage of this act. RESOLUTION NO. 2-72. A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF PALM BEACH COUNTY, FLORIDA, TO AMEND CHAPTER 71-604, SPECIAL LAWS OF FLORIDA, SAME BEING THE CHARTER OF DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY BY A~LENDING SECTION 3, CORRECTING THE ~ · LEGAL DESCRIPTION BY CH~NGING A WORD FROM EAST TO WEST- (Copy of Resolution No. 2-72 and the proposed bill are attached to the official copy of th~ese minutes.) See pages 14-P-S. Resolution No. 2-72 was unanimously passed and adopted on this first and final reading, on motion by Mr. Weekes and seconded by Mrs. Martin. Mayor Scheifley questioned the City Attorney~as to why the Legislative Delegation adopted the policy of not extending reserve areas for any munic- ipality in Palm Beach County. The City Attorney said that this Delegation must have thought extending reserve areas was a bad policy, but if there is a change in the Delegation make-up, this policy can be changed. It was pointed out that consolidation of the different municipalities was one of the Delegation's main ideas brought out in discussion at other times. The city Manager pointed out that the city may exercise whatever con- trols in whatever way beyond the City liraits that the County Commission : is agreeable to, but the City can not control it unilaterally without the concurrence of the County Commission. 10.a.% The city ManaQ_'er reported that tha city of Delray Beach and Ecological Utilities, Inc., are negotiating with respect to the city's possible pur- chase of the water and se~er system, for which they have a Franchise cover- ing approximately 700 acres of land located to the Northwest of the city. Due to the ~tealth Department giving Ecological Utilties Inc., notice that t'heir water tank must be cleaned and repaired, that Corporation has requested pe~nission., from ~the City to make a temporary connection that would, permit them to shut off their water supply and use the city's water during the time they are cleaning and repairing their water tank. He pointed out that should Council decide to grant this request, there could be two advantages for the ~' u].ty, one being that the tank should be in better condition, if the City shoul~ acquire the system, and that it is highly desirable to h~ve an inter-connection between the two systems since -7- 1-10-72 there is only approximately a nine-foot separation .between the water mains. Also, if Council should grant' this request, the following provisions should be incorporated in the agreement: (1) Either party, the City of Delray Beach or Ecological Utilities, Inc., may disconnect at any time should either party determine to disconnect; (2) No cost to the City of Delray Beach for connecting and disconnecting; and (3) Ecological Utilities, Inc., would pay for whatever water they use. He said their tank would .be out of operation possibly two to four weeks and that Russell & Axon, the Consulting Engineers, approve granting this request. During discussion it was pointed out that the water used would .be metered and that Ecological Utilities, Inc., would .be subject to the 25 per cent out-of-City charge. _ The city Manager was unanimously empowered to enter into a contract with Ecological Utilities, Inc., to serve them water temporarilY,', on motior by Mr. Saunders and seconded by Mr. Young.blood. 10.a. ~ Mrs. Martin asked the City Manager to make a report on the Area Planning Board meeting he attended. City Manager Mariott reported that it was a good meeting and he thinks that Delray Beach had a sympathetic and understanding hearing .by the Area Planning Board. He also thought that the Board sees the city's predicament with respect to providing water and sewer service to Villadelray and Oriole and other sections West of the city, and that Delray Beach preferred not to .be involved as stated in the motion passed by Council on November 22nd. He said that he told them if it is necessary for Delray Beach to provide water and~ sewer service to those two developments in order to be eligible for receipt of grant funds that the City needs to build its multi-million dollar utility improvements, the City would be willing to reconsider that motion, as was discussed by Council at the last workshop meeting. Further, that the Board presented recommendations containing alter- nates A, B, and C and he informed them that the City would object to alternate C, which was a complicated arrangement that would have both the City and County invovled in the same operation, tie said that in spite of the fact that the city, 'the County Attorney's office, and the developers and their engineers saying they didn't want any City of Delray Beach in- volvement, the Area Planning Board passed alternate A, which was a recom- menda'~ion that water and sewer service .be provided to these t%'o developments, Villadelray and Oriole, by the city of Delray Beach systems. The city Manager informed Council that he would attend a meeting in Tallahassee on January 14th and he hoped it would .be determined 'whether or not it would be necessary to provide water and sewer service to those sub- divisions without losing the city's grant fund eligibility. Following a question by Mayor Scheifley, the city Manag'er reported that he did not know the plans of Kings Point as 'they have not contacted _ him. i 10.a.~ Mrs. Martin reported that after the Organizational Meeting last Monday night, she had the pleasure of meeting Senator Edward Gurney and a'sked him about the Vanguar~ Project. I-te informed her that it was still -dnder investigation by the Senate Sub-committee and as soon as the investi- gation was completed, that he would get in touch with her to give her the final results. 10.a. ~ Mr. Youngblood-thanked the Police Department for making a study of his request from the last Council meeting regarding the apprehension of the people responsible for the breaking and entering of homes in the Western Sector. Tq~e city Manager explained the report that Mr. Youngblood had received and asked Mr. Youngblood to come in and he would discuss this matter with him in greater detail. -8- 1-10~-72 10.a.7 Councilman Saunders thanked the members of Council for the honor that they bestowed upon him and said he would do his best to live up to their confidence in him. !0.b. Payment of the following Bills for Approval were unanimously approved, on motion by Mr. Weekes and seconded by Mr. Saunders. General Fund $226,450.80 Utilities Tax Revenue Fund 55,440.00 Cigarette Tax Fund 10,047.72 The meeting adjourned at 9:42 P~M~ HALLIE E. YATES City Clerk APPROVED: -9- 1-10-72 F~E~... }~ ~N D ~.~ ~0: City Council FROM: City ~4anager SUBJECT: BEACH I~ESTOP~ATEON ~D Pt~ESERVAT!.ON FOR T}iE C]iTY OF DEL~Y BEACH DATE: December 30, 197] It is recommended that 'the following actions be taken to restore and preserve the beach in Delray Beach: 1. BOND ISSUE. Submit $2,000,000 general obligation bond issue to City ~efere---h-~5~ (at earliest practicable date) to finance construction and related costs of project. Estimated annual debt service: $130,000. - Estimated initial tax rate to support debt service: 3/4 mill. 2. CO~T~ ASSISTanCE. Request the County Co~mmission to pay debt service ~he' bo~d issue. 3. DOT ASSISTANCE. Attempt to secure funds to apply to the project cost from ~he Department of Transportation for the protection of State Highway AiA '(in lieu of additional revetment construction by DOT). 4. ENGINEERS. Retain the firm of Arthur V. Strock & Associates, Inc., conSulting Engineers, as the project engineer. 5. SURVEYS. Obtain off-shore, shoreline and base line surveys immediately (finance cost of same with money from the City's Disaster Fund, with re- imbursement to be made from bond issue). 6. G~qT FUNDS. Design and'carry out the project in compliance with state and federal rules, regulations, procedures and specifications so as to qualify for all eligible reimbursements via grant funds. (Grant funds on the order of $1,000,000 - $1,500,000 can reasonably be expected, wkich could be used for increased project cost over the $2,000,000 bond issue or for bond issue retirement.) 7. MAINTENANCE. Provide for future maintenance. 8. TIME. Begin now and attempt to substantially complete the project by October 1, 1972. JEM:nr -', ORDINANCE NO. 36-71 AN ORDINAl;CE OF THE CITY COUNCIL OF THE CITY OF DELP~Y BEACH, FLORIDA, GRANTING A FRANCHISE TO TEI,EPROMPTER FLORIDA CA%~J CORPORATION , ITS SUCCESSORS AND ASSIGNS., TO OPERATE AND ~INTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITION~ ACCOM- PANYING THE GPJLNT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FoR VIOLATION OF THE FRANCHISE PROVISIONS; REPEALING ALL ORDINA~CES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as the "Delray Beach Community Antenna Television Franchise Ordinance." Section 2. Definitions. That for the purposes of this ordinance, the following terms, ~h~ases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include 'the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "city" is the City of Delray Beach, Florida. (b) "Council" is the City Council of Delray Beach, Florida. (c) "Cable Television System," hereinafter referred to as "CATV System" or "System" means a system of coaxial cables or other electrical conductors ahd equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and distribute them to subscribers for a fee. (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (e) "Grantee'' is TelePrompTer Florida CATV Corporation duly authorized to trans- act business in the State ~ Flqrida, or anyon9 who succeeds TelePrompTer ~zori~a CA~9~ Corporation in accordance with the provisions o~ this Franchise. (f) "Closed Corporation" is any Corporation which has 20 stockholders or less. Section 3. Grant~ of Nonexclusive Authority. (a) There is hereby gra~nted by the City to the Grantee. the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, easements., swale areas, Public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes, and other television conductors and. fixtures necessary for the maintenance and operation in the City of a CATV system for the intercep- tion, sale and distribution of television and radio signals. (b) The right to u.se and occupy said streets, alleys, easements, swale areas~ public ways and places for the purposes herein set forth shall not be exclusive and the City reserves the right to grant a similar use of said streets, alleys, easements, swale areas, public.ways and places, to any person at any time during the period of this Franchise. (c) The company shall have the right to enter into arrangements for the attachment onto and use of facilities owned and operated by public utili- ties operating within the City, whereby the company shall strictly comply with the terms, provisions, and restrictions of said agreements, and copies of all agreements made with other public utilities operating within the City shall be provided to the City upon request for the same. Section 4. Compliance with Applicable Laws and Ordinances. The grantee shall, at all times during the life of this'Franchisa~ be subject to all lawful exercise of the police power by the City and to such regulation as the City shall hereafter provide, and the gran- tee shall fully comply with all applicable laws, rules, and regula- tions now in effect or hereinafter adopted by the Federal Communica- tions Commission, the City, the State of Florida and the United State~ Goverrm~ent. Copies of all patitions, applications and communications sub- mitred by the grantee to the Federal Co~nunications Commission, Securities and E×Change Commission, or any other federal or state regulatory con~ission or agency having jurisdiction in respect to an~ matters affecting CAtV operations authorized pursuant to this Franchi~ shall be provided to the City upo~ request for the same. Programs carried by the grantee shall be carried in their entire- ty as received, with announcements and advertisements and without additions. Section 5. Territorial Area Involved. This Franchise is grant~ in all areas w~-~-~ the present corporate limits of the City and to any area henceforth added thereto during the term of this Franchise. .~ec~ion 6. Liab~t__y_ and Indemnification. (a) The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all claims, debts, liabilities, demands, interest, court costs and attorneys fees, to itself, or to any third person, whe- ther for bodily injury, death, property d~nage or other- wise, in. any way arising out of the operations of grantee un~er ~his franchise. (b) The grantee shall pay and by its acceptance of this Franchise, specifically agreas that it will pay all ex- penses incurred by the City iD defen~ing itsalf with ragard to ail damages and pena!ties~ including, but not limited to, all cut of pocket exl~enses~ such as attorney fees, and the reasonable value of any services rendered by the City Attorney or his assistant or any employees of the City. (c) The grantee shall maintain, and by its acceptance of this Franchise specifically agrees that it will maintain throughout the term of this Franchise lia- bility insurance insuring the grantee and naming the City as an additional insured thereunder, against loss or damage arising'out of the operations of grantee under this franchise in the following minimum amounts: (1) $250,000.00 for bodily injury or death to any one person and $500,000.00 for any one accident; (2) $250,000.00 for property damage result- ing from any one accident; (3) $500,000.00 for the infringement of copy- rights; and, (4) $500,000.00 for all other types of liability. (d) Initial Performance Guarantee. The Grantee shall, with- in thirty '(30) days after the adoption of the resolu- tion naming said grantee, post with the City a perform- ance bond or cash in the amount of $50,000.00 which will be returned to the Grantee at the end ofthree years pro- vided the grantee has in good faith during said time, commenced its construction of the system to be operated pursuant to this Franchise within one year from the ef- fective date of this ordinance, and has completed the construction and is offering community antenna television service to all the residents of Delray Beach within four years from the effective date of this ordinance and has, in good faith, Complied with the terms of this ordinance and rules and regulations herein required and permitted. The grantee shall make quarterly progress report~ to the City ~anager after the date construction is' commenced. In default of the grantee performing the obligation herein in this section set out, the said sum of $50,000.00 shall be forfeited in total to the City of Delray Beach.' (e) Permanent Payment and Performance Guarantee. The grantee shall' furnish bond to the C[t~ in the initial sum of $5,000.00 at the time the grantee files its acceptance of this Franchise. Said bonds shall thereafter be re- placed annually by a bond in the amount of that payment made to the City by the grantee as required under the terms of this Franchise plus $5,000.00.'Said bond shall be maintained in full force and effect throughout the terms of this Franchise Ordinance to guarantee the pay- ment of all sums which may become due to the City under this Franchise Ordinance, including the removal of at- tachments upon termination of this Franchise Ordinance - by any of its provisions, and such bond shall guarantee to the City the performance by the company of all the provisions of this Franchise Ordinance and all laws, rules and regulations herein permitted to be adopted and en- forced. (f) The insuring initial performance guarantee policy and permanent payment and performance guarantee obtained by the grantee in compliance with this section must be' approved by the City Council and such insurance policy and guarantee along with the written evidence of pay- ment of the required premiums shall be'filed and main- -3- tained with the City Clerk of the City'during the term of this Franchise. (g) The insurance policies and bonds which the grantee is required to furnish under the requirements of this franchise shall be first submitted to the City Attorney for his.acceptance and approval thereof on behalf of the City, and, if so accepted and approved, shall be filed~in the office of the City Clerk together with written evidence of payment of the required premiums due thereunder. Section 7. Color TV. The facilities used by 'the grantee shall be capable of distr~ color TV signals, and when the signals th~.- grantee distributes are received in color, they shall be distributed in color. Section 8. Signal Quality Regu~rement~. The grantee shall at all times: (a) Use all band equipment capable of passing the entirm VHF television and FM radio spectrum consistent with the state of the art. (b) Maintain equipment that passes standard color television signals without degradation and with a phase shift measured within its own system not to exceed plus or minus 7 degrees. Said phase shift measured within its own system shall mean the difference between the phase shift measured in the signal received by the grantee at its tower and the measure of phase shift at the subscriber's receiver. (c) Provide a minimum l~vel of 1,000 microvolts across 300 ohms at the input terminals of each TV receiver on the line. (d) Provide that the system and all equipment be designed and rated for 24 hours per day continu- ous operation. (e) Provide a signal-to-noise ratio of not less than Forty decibels measured at the subscriber's receiver. (f) Provide a television signal with a hum modulation less than three percent measured at the subscriber's receiver. (g) Provide a television signal free of interaction between any channels which may cause excessive cross-modulation distortion. The system cross- modulation distortion level shall meet a minimum standard of 40 decibels below the level of the television signals distributed to any subscriber connected to the system measured at the subscriber's receiver. (h) Operate the system in compliance with Subpart D of Part 15 of 'the Federal Colmr~unications Commission Rules and Regulations relating to incidental ra- diation. (i) Prcvide an intermodulation distortion not. to ex- ceed minus forty-six decibels measured at the subscriber's receiver. (j) Provide that the plot of gain versus frequency across any six megacycle channel is to be flat plus or minus 2.5 decibels measured at the sub- scriber's receiver. '--4-- 14 ~F (k) Limit failures to a minimum by locating and correct- ing malfunctions promptly, but in no event longer than 24 hours after notice has been given, except that said time shall be extended as long as is neces- sary where the performance of this obligation is pre- . vented by an act of God, or the same is otherwise made impossible due to circumstances over which the grantee has no control. (1) Provide and~keep accurate Calibrated.test equipment on hand in the City for the testing of all service and operation standards outlined in this ordinance and shall conduct these tests as requested by the City under the supervision of a city representative in order to establish the level of performance of the system. The grantee shall provide responsible service and in- vestigation in response to all customer complaints. Should any customer be unable to obtain acceptable service from the grantee, said customer may make ap- plication to the City to require such tests by the grantee. The customer, upon presenting his request, shall deposit with the City through the office of the City Manager, the sum of $100.00 as a deposit towards the cost of such tests. Should the test indicate that the grantee has failed to provide service to said customer in accordance with the operational standards outlined in this ordinance, then the grantee shall bear the cost of said test and the deposit herein.re- quired shall be returned to the customer. Should the test indicate that the grantee is conforming with the operational standards set forth in this ordinance, then the cost of said tests shall be borne by the complain- ing customer. So much of said deposit as is necessary to reimburse the grantee for the actual cost of its tests shall be paid over to the grantee and the re- mainder of the deposit, if any, shall be returned to the customer. Section 9. Operation and Maintenance of System. (a) The grantee shall render efficient service, make repairs promptly, amd interrupt service only for good cause and for the shortest time'possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. The company shall operate the system so that there will be no interference with television reception, radio reception, telephone communications or other installa- tions which are now or may hereafter be installed and in use by the City or any persons in the City. (b) The grantee shall maintain an office in the City of Delray Beach which shall be open during all usual bus- iness hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time. Section 10. Carriage of Signals. The television and radio signals received and distributed by the grantee and distributed to the general public from broadcasting stations licensed by the Federal Communications Commission shall be disseminated without charge to the general public except as provided in Section 29 hereof. Section 11. service to Schools. The grantee shall provide a service drop to each public school location within the City for edu- cational purposes upon request by the City and at no cost to the City or to thepub!ic school system. The Grantee may at_its election pro- vide similar services without cost to private schools, including parochial or other religious schools. -5- Section 12. Emergency U~se of Facilities. In the case of any emergency or disaster, the grantee shall, upon request of the City Council, make available its facilities to the City for emergency use during the emergency or disaster period. Section 13. Other Business Activities. (a) The grantee, its employees, and if a closed corpora- tion, its shareholders, hereunder shall not engage in the business of selling, repairing, o~ installing tele- vision and radio receivers, or commercial accessories for such receivers within the City of Delray Beach, Florida, during the term of this Franchise. Violation of this section shall be considered a breach of the terms of this Franchise if such violation is caused by an em- ployee or shareholder only after the grantee has been notified of such employee's or shareholder's activities a~ then only if the grantee fails to take immediate action to correct such violation. (b) This Franchise authorizes only the operation of a CATV system as provided for herein, and does not take the place of any other franchise, license or permit which might be required by law of the grantee. (c) Music to Businesses, etc. The Company shall not con- tract for or otherwise provide a music service which is originated by the system or procured from any source, other than from signals broadcasted by duly authorized broadcasting stations to any business, professional or commercial establishment. This subsection shall not prohibit the connection of a CATV drop to any busihess, professional or commercial establishment if the con- nection is made only to a TV set which is in operating order at the time of connection, nor shall this section prohibit the use of background music in conjunction with the operation of any such CATV channel for which there is no charge except as provided in Section 29 hereof. (d) Advertisin~ The company shall not use the system for advertising purposes for others nor shall the company transmit over any of its equipment any advertising for which it receives pay except that which is received from a regular broadcasting station an~ merely relayed to the subscribers in the same manner as is received from such broadcastin~ station with its normal program, unless approval is obtained from the City Council. (e) Recommend service. The company, any and all of its officers, agents, and employees shall not indicate and shall not recommend, in any manner, a specific sale or service establistunent or individual be used for the sale or service of any television set. Section 14. Safet~.Re~ui~ement__s. (a) The Grantee shall at all times employ~due care and . shall install and maintain in use co~nonly accepted methods and devices for preventing failures and acci- dents which are likely to cause damage, injuries, or nuisances to the public. (b) The grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electric Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the American In- surance Association, and in such manner that they wi!!~ not interfere wi~h any ins'!~allations of the City or of a public utility serving the City. (c) All structures and al~ lines, equipment, and connections in, over~ under, and upon the streets, easements and swales, sidewalks~ alleys and public ways or places of the City, wherever situated, or located, sha~i at all t~es be kept and maintained in a safe, suitable, substan- tial condition, and in good order and repair. (d) The grantee shall maintain a force of one or more re- sident agents or employees at all times and shall have sufficient employees to provide safe, adequate, and prompt service for its facilities. Section 15. Conditions on Street Occqpancy.. (a) All transmissions and distribution Structures, lines, and equipment erected by the grantee within the City shall be first approved by the City upon application by the grantee and shall be so located as to cause minimum interference with the proper use of streets, easements and swales, sidewalks, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, easements and swales, side- walks, alleys or other public ways and places. (b) In cases of disturbance of any street, easement and swale, sidewalk, alley, public way, or paved area, the grantee shall, at its own cost and expense and in a manner approved by the City Manager, replace and restore such street, sidewalk, easement and swale, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done, and shall maintain such repairs for one year after the completion of same. (c) If at any time during the period of this Franchise. the City shall lawfully elec~ to alter or change the grade of any street, easement and swale, sidewalk, alley, or other public way, the grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. (d) Any poles or other fixtures placed in any public way by the licensee shall be placed in such manner as not to interfere with the usual travel or any utilities located in or on such public way. (e) The grantee shall, on the request of any person holding a building moving permit issued by the City, ~temporarily raise or lower its wires to permit the moving of build- ings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person request- ing the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than 72 hours advance notice to arrange for such temporary wire changes. (f) The grantee shall have the authority to trim trees upon and overhanging streets, easements and swales, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in · contact with the wires and cables of the grantee, ex- cept that at the option of the City, upon request of the grantee, such trimming may be done by it or under its supervision and~direction at the expense of the grantee. (g) In all sections of the City where the cables, wires, or other like facilities of public utilities are presently placed underground or are required 'to be so placed underground at any time in the future, the grantee shall place its Cables, wires or other like facilities underground to the maximum extent that existing techno- logy reasonably permits the grantee to do so. -7- (h) The City shall not be required to assume any responsi- bility for the securing of any rights-of-way or ease- ments, nor shall the City be responsible for securing any permits or agreements with other persons or utilities. Section 16. Preferential or Discriminatory ~ractices Prohibit~ The grantee shall not, as to rates, charges, service, services facilities, rules regulations, or in any.other respect, make or gran~ any undue preference or advantage to any person, nor subject any per- son to any prejudice or disadvantage. Section 17. Removal of Facilities Up6n Request. Upon termina- tion of service to any ~bscrib~r, the grantee shall promptly remove all its facilities and equipment from the premises of such subscribeJr upon his request. Section 18. Transfer of Franchise. The grantee shall not tran~ fer this Franchise to another person or corporation without prior ap- proval of the City Council by Resolution. Section 19. ChDnge of Control of Grantee. Prior approval of the City Council shall be required where ownership or control of mo~.~ than 30% of the right of control of grantee is acquired by a person or group of persons acting in concert, none of whom already own or control singularly or collectively except that this section shall no~ apply to any corporation other than a closed corporation as defined herein. By its acceptance of this Franchise the grantee specifically grants and agrees that any such acquisition occurring without prior approval of the City Council shall constitute a viola- tion of thisFranchise by the grantee. Section 20. City Rights in Franchise. (a) The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions con- tained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall not con- flict with the rights herein granted. (b) The City shall have the right to ±nspect the books, records, maps, plans and other like materials of the grantee related to its operations in the City'of Delray Beach at any time during normal business hours, as to books, records, maps, plans and other materials related to or affecting grantee's financial orligations to the City set forth in this ordinance, maintained within Delray J~ (c) The City shall have the right, during tha life of this Franchise, to install and maintain free of charge upon the poles of the grantee any wire and pole fixtures necessary for a police alarm system, on the condition that such wir~ and pole fixtures do not interfere with the CATV operations of the grantee. (d) The City shall have the right to ~upervise all construc- tion or installation work performed subject to the pro- visions of this Franchise and make such inspections as it shall find necessary to insure compliance with the terms of this Franchise and other pertinent provisions of law. (e) At the expiration of the term for %~hic~ this Franchise is granted~ or u~on its termination and cancellation, as provided for kerein, tke City shall have the right to require the grantee to re2nove at its own expense all or any portion of the CAtV system from all public ~ays witkin the City. (f) At the expiration of the term for which this Franchise is granted, or upon its termination and cancellation, as provided for herein, the City shall have the right as a condition precedent of the taking effect of the grant, to require the grantee of this Franchise to offer to sell to the municipality all property used under or in connection with this Franchise or such part of such property as the municipality may desire to pur- chase in accordance with and pursuant.to the terms of. Florida Statutes 167.22. (g) After the expiration of the term for which this Franchise is granted or after its termination and cancellation, as provided for herein, the City shall have the right to determine whether the grantee may continue to operate and maintain the CATV system pending the decision of the City as to 'the future maintenance and operation of such system. Section 21. Maps, Plats and Reports. (a) Upon request the grantee shall file with the City Engineer· accurate maps of its system, showing construction and distribution networks and the grantee shall maintain same current. (b} The grantee shall file annually with the City Finance Director within sixty days of the end of the anniver- sary year as defined in Sec. 22 (b) a certified statement of the gross receipts derived from the grantee's sub- scribers within the area designated by this Franchise for said year. The grantee, if a clOsed corporation as defined, shall keep on file with the City Clerk a current list of its shareholders and bondholders. Section 22. PaYments to the City. (a) The grantee shall pay to the City annually the minimum cash guarantee set forth in the attached Exhibit B, or an amount equal to the percentage of annual gross ~even~es taken in and received by it within the City during the year as set forth in the attached Exhibit B, whichever amount is greater, for the use of the streets and other facilities of the City in the operation of the CATV system and for the municipal supervision thereof. This paYment shall be in addition to any other tax or pay- ment owed to the City by the grantee. (b) Manner of Payment. All payments required by the grantee to the City shall be made annually upon the first day of April beginning April, 1972 . such payment shall be for the previous anniversary year. The term, anniversary year, as used in this section, and in Section 21 (b) shall mean the period from January 1 through the following. December 31 , With the first such year beginning on January 1, 1973 . Section 23. Forfeiture of Franchise. (a) In addition to all other rights and powers pertaining to the City by virtue of this Franchise or otherwise, the City reserves ~he right to terminate and cancel · this Franchise and all rights and privileges of the grantee hereunder in the event that grantee: (1) Violates any provision of this Franchise or any rule, order, or determination of the City or City Council made pursuant to this Franchise. -9- (2) Becomes insolvent, unable or'unwilling to pay its debts, or is adjudged bankrupt. (3) Attempts to dispose of any of the facilities or property of its CATV business to. prevent the City from purchasing same, as provided for herein. (4) Attempts to evade any of the provisions of this Franchise or practices any fraud or deceit upon the City. (5) Fails to submit applications for all neces- sary licenses and permits within 30 days after grant of the franchise, copies of which applications shall be filed with the City Clerk, and/or fails to commence con- struction within 60 days after grantee's receipt of all required licenses and permits. (6) Fails to complete construction pursuant to the.requirements of Section 6 (d) within 3 years from the effective date of this ordinance. (b) Such termination and cancellation shall be pursuant to and in accordance with the terms of Florida Statutes, Chapter 167.23, et seq. Section 24. City's Right 'of Intervention. The grantee agrees not to oppose intervention by the City in any suit or proceeding to which the grantee is a party. Section 25. Further Agreement and Waiver by Grantee. The gran~t~.~e agrees to abid~--~y all provisions of this Franchise, and further agm~$ that it will not at any future time set up as against the City or City Council the claim that the provisions of this Franchise are un- reasonable, arbitrary, or void. Section 26. Duration and Acceptance_of ~ranchise. (a) This Franchise and the rights, privileges, and authority hereby granted shall be in full force and effect for a term of 30 years commencing on February 10,1972, provided that within 30 days after passage of the ordinance naming grantee, said grantee shall file with the City Clerk its unconditional acceptance of this Franchise and promise to comply with and abide by all of its provisions, terms, and conditions. Such accep- tance and promise shall be in writing duly exe- cuted and sworn to, by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths. (b) Should the grantee fail to comply with subsection (a) above, it shall acquire no rights, privileges, or authority under this Franchise whatever. Section 27. Erection, Removal, and Common User of Poles. · (a) No underground facilities, poles or other wire- holding structures shall be erected by the grantee without prior approval of the City'Manager with regard to location, haight, type and any other pertinent ~spect. However, no location of any underground facility, pole or wire-holding struC- ture of the grantee shall be a vested interest and such poles or structures shall be removed or modi- fied by the grantee at its own expense whenever the City Manager determines that the public convenience would be enhanced thereby. (b) Where poles or other wire-holding.structures already existing for use in serving the City are available for use by the grantee, but it does not make arrangements for such use, the City Council may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced there- by and the terms of the use available to the grantee are just .and reasonable. (c) Where the City or a public utility servin9 the City desires to make use of the poles or other wire-holding structures of the grantee, but agreement therefor with the grantee cannot be reached, the City Council may require the grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if the Council deter- mines that the use would enhance the public convenience and would not unduly interfere with the grantee's operations. Section 28. Number of Channels. The Grantee shall make available upon the request of the City Cou'~cil-one channel for educational TV and one channel for any other non-commercial service. The grantee's cable distribution system shall be capable of carrying at least 12 television channels. The grantee shall carry all licensed VHF and UHF channels which place a grade B or better signal within the community. Section 29. Rates. (a) The initial rates and charges for television 'and radio signals distributed herein shall be those established pursuant to Section 29 (b) and none of said rates or charges shall be changed without prior approval of the City Council. (b) Schedule of Rates and Charges. See Schedule of Rates and Charges attached as Exhibit "A." (c) The grantee shall receive no consideration what- soever for or in connection with its service to its subscribers other than in accordance with'this section. (d) If, in the future, the government of the State of Florida or of the United States of America regu- lates the rates and/or services of the grantee for the service provided for in this franchise in such a way as to conflict with any provision(s) of this ordinance such conflicting provision(s) of this ordinance shall not be applicable. (e) In the event the state or federal government levies any taxes, copyright fees, or other charges upon the services provided by grantee, such taxes, copy- right fees or other charges will be passed on to the subscriber by the grantee. Section 30. Company Rules. The company shall have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and to perform its obligations under this Franchise ordinance and to assure an uninterrupted service to. each and all its customers, provided, however, that such rules, regula' tions, terms, and'conditions shall not be in conflict with the provi- sions hereof and shall be filed with -~he City. 14~-M Section 31. Publication coSts. The grantee shall assume the cost ~f p~blication of this Franchise as such publication is requir~ i!~ law and such is payable upon the grantee's filing of acceptance of ~ Franchise. Section 32. Separability._ If any section, subsection., sentenc~, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction., such portion shall be deemed a separate, distinct, and independent pie.- vision and such holding shall not affect the validity of the remaini~ portions hereof. Section 33. Ordinances Repealed. All ordinances or parts of ordinances in confllc~ with the provisions of this ordinance are here- by repealed. Section 34. Specific authority to codify this ordinance in the City's Code is hereby granted. Section 35 This ordinance was approved by the electorate at a referendum election held on December 7, 1971. PASSED and ADOPTED on second and final reading on the 10th day of January , 1972. ATTEST: First Reading__.De.~b~ar ~ I 97t Second Reading January i0~ 1972. -12- · !4 EXHIBIT "A" 2. RATES TO CUSTOMH~R: (Section 29) - PROPOSAL RATE SCHEDULE FOR CITY OF DELRAY BEACH ~ FLORIDA MONTHLY ' INSTALLATION SE RVICE TYPE OF SERVICE CHARGE' CHARGE 1. RESIDENTIAL (Single Fa3nily) Installation, first TV $4.95 $4.95 (waived during 4-year con- struction period) Installation, SeCond Set ' ' 4.95 1.25 (Waived if ordered with first installation) ,. Reconnection Charge ~ 4.95 Transfer ., 4.95 Relocation of outlets 4.95 2. MULTIPLE FAMILY* (8 Units or Less) Installation, first Unit 4.95 4.95 Additional Units 4.95 5.95 (Based on 100% of Units) 3, MULTIPLE APARTMENT* (Over 8 Units) Installation, First Unit Time ~ Material 4.95 Additional Units Time ~ Material 5.95 (Based on 100% of Units) 4. COMMERCIAL UNITS Installation all Units Time & Material 5.95 5. HOTEL & MOTEL Installation all Units Time & Material Monthly Service First Unit 4.95 Next 29 Units (up to 30) 1.S0 Next 20 Units 1.25 All Units over 50 1.00 *Applicable only if owner guarantees 100% connections on single billing; otherwise Single F~i.ly rates are applicable. EXHIBIT "B" BID FOR CATV FRANCHISE 1. PAYMENT TO CITY ANNUALLY: (Section 22) - PROPOSAL YEAR .... MINIMUM PAYMENT First Year. _ $10,000.00 2nd through 5th year, inclusive ~ 4,000.00 ea. year 6th through 10th year, incl'usive 6,000.00 ea. yea~ llth through 15th year, inclusive 8,000.00 ea. yeast 16th through 20th year, .inclusive L 10.~000.0.0 ea. ye~ 2ist through 25th year, inclusive · 10,000.00 ea. ye~ 26th through 30th year, inclusive ~.. 10,000.00 ea. ye{ OR THE FOLLOWING PERCENTAGE, WHICHEVER IS GREATER: · See cover letter dated October 27, 1972 % of Gross , .. ~Gross Sale~s~_Annually 4% of the First _ _$100,000.00 5% of the Next 6% of the Next _ · 7% of the Next 25,000.00 8% of the Next 25,000.00 9% of the Next 25,000.00 10% of the Next 50,000.00 11% of the Next I00,000.00 12% of the Next ..... 100~000.00 of the Next of the Next of the Next of the Next of the Next of the Next of the Next ' of the Next of the Next of" the Next of the Next 20% of anything over $500,000.00 RESOLUTION NO. 2-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF PALM BEACH COUNTY, FLORIDA, 'TO AMEND CHAPTER 71-604, SPECIAL LAWS OF FLORIDA, SAME BEING THE CHARTER OF DELRAY BEACH DOWt~TOWN DEVELOPMENT AUTHORITY BY AMENDING SECTION 3, CORRECTING THE LEGAL DESCRIPTION BY CHANGING A WORD FROM EAST TO WEST. WHEREAS, the Delray Beach Downtown Development Authority was established by the Legislature in its passage of Special Act 70-604, and WHEREAS, the legal description of the area covered by 71-604 has an incomplete legal description because of the use of the word east instead of west, and WHEREAS, the City Council of the City of Delray Beach deems it to be in the best interest of the City of Delray Beach to have this discrepancy corrected, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,' AS FOLLOWS: 1. The Legislature of the State of Florida is respectfully requested to enact in the 1972 regular session the act attached hereto to correct the discrepancy in the legal d escriptior~ of Delray Beach Downtown Development Authority'by amending 71-604. 2. The City attorney, G. Robert Fellows, is hereby authorized to take all action necessary to obtain the passage of the above act. PASSED AND ADOPTED in regular session on this the 10th day of January, 1972. MAYOR U ,f ATTEST: City Clerk 3 A bill to be entitled' 4 An act to relate to the City of Delray'Beach, 5 Palm Beach County, Florida, amending Chapter 6 71-~04, Special Laws of Florida, same being 7 the Charter of Delray Beach Downtown Development 8 Authority ~y amending Section 3, correcting the 9 legal description by changing a word from east 10 to west. 11 Be 'It Enacted by the Legislature of the State of 12 Florida: 13 Section 1. Section 3 of Chapter 71-604, 14 Special Laws of Florida, is ~mended to read: 15 Section 3. DOWNTOWN AREA DESCRIPTION - 16 The Downtown area includes all lands lying within 17 boundaries described as: 18 Commencing at a point where the North line 19 of Block 132, (Town of Delray (formerly Linton) 20 as in Plat Book 1, page 25) intersects the East 21 right-of-way line of the Intracoastal Waterway, 2~ as now constructed and in use; thence Westerly 23 along the North line of said Block 132 and continuing 24 in a Westerly direction along the North lines 25 of Blocks 124, (as in Plat Book 18, page 91) 26 116, (as in Plat Book 1, page 3) 108, (as in ~7 Plat Book 1, page 3) 100, (as in Plat Book 1, ~ page 65) 92, (as in Plat Book 2, page 21) 84, ~9 3o 1 (as in Plat Book 1, page 3) and 76 (as in Plat 2 Book 1, page') 3 and along the North line of that 3 certain Block 68 (as in Plat Book 1, page 3) ~ ~ to a point of intersection with the East ~ine 5 of swinton Avenue as now laid out and in use; 6 thence Southerly along the West line of the aforesaid 7 block, a portion of which is designated "school" and 8 continuing Sout~ ~n~ alon~ the West line of Block 9 69, (as in Plat Book 2, page 43) to a point where 10 it intersects with the Southwest corner of Lot 11 6, Block 69; thence Easterly along the South 12 line of said Lot 6 and Lots 5, 4, 3, 2, 1 and 13 continuing Easterly along the South line of Lots 14 1, 2, 3 of Block 77 (as in Plat Book 1, page 15 3) to a point of intersection with the Southeast 16 corner of said Lot 3, Block 77; thence Southerly 17 along the ~as~ West lines of Lots 13 through 18, inclu- 18 sive, of Block 77 aforesaid to a point of intersection 19 with the Southwest corner of said Lot 18; thence ~0 Easterly along the South line'of said Lot 18 21 and continuing along the South line of Lot 18, 22 Block 85, (as in Plat Book 4, page I4) and continuing 23 Easterly along the $ou~h lines of Block 93, (as 24 in Plat Book 10, page 53) Block 101 and Block ~5 109, (both as in Plat Book 1, page 3) to a point 26 of intersection with the Southeast corner of 27 L~t 14, Block 117 (as in Plat Book 1, page 3); ~8 thence ~ontinuing Northerly to the Northwest .30 1 corner of Lot 18, Block 117; thence continuing 2 Easterly along the South line of Lot 17, Block 3 117, to the Southwest corner of .Lot 10 of Palm ~ Square, an unrecorded plat; thence continuing 5' Easterly along the South lines of Lots i0, 45, 6 57 and 92 of Palm Square (an unrecorded plat) 7 located in Blocks 125 and the North half of Block 8 133, (as in Pla~ Book 1, page 3); to a point 9 of intersection with the East right-of-way line 10 of the Intracoastal Waterway; thence continuing 11 Northerly along the said East right-of-way line 12 of the Intracoastal Waterway, to the point of 13 beginning; all as in the Public Records of Palm lb Beach County, Florida. 15 Section 2. Ail laws or parts of laws in 16 conflict herewith are hereby repealed to the extent 17 of such conflict. 18 Section 3. This act shall be in full force 19 and effect upon becoming a law. 20 31 3