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11-01-71SpMtg 169 NOVEMBER t, 1971 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, November 1, 1971, with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O.F. Youngblood being pre- sent. The Lord's Prayer was repeated in unison. The Pledge of Allegiance to the Flag of the United States of America was given. Mayor Saunders called the meeting to order and announced that same had been scheduled for the purpose of receiving and acting on CATV FRAN- CHISE bids and for any other business that might come before the meeting. City Manager Mariott reported that specifications were prepared for solicitation of bids for the CATV FRANCHISE for the City of DelraY Beach, and were advertised to be opened on October 28th. He said the INVITATION TO BID had been mailed to Coaxial Communications Inc. of~ Sarasota; Quality Broadcasting Corporation, Delray Beach; Telecable Corporation, Norfolk, Virginia; TelePrompTer Florida CATV Corporation, West Palm Beach; and Burnup & Sims, West Palm Beach, and that only one bid had been received, that being from 'the TelePrompTer Corporation. Further, the bids were so- licited in such a way that the two bid sheets labeled F~{IBIT "A" and EX- HIBIT "B" are two p~ges from the Ordinance to be adopted at a later date after successful passage of the Referendum, should that occur, on December 7, 1971. The City Manager distributed to Council and the Press, copies of Ex- hibits "A" and "~" complete with the bid figures from the TelePrompTer Corporation, and read and explained said bid, Exhibit "A" being rates to customers and Exhibit "B" concerning annual payment to the City. (Copy of Exhibits "A" and "B" showing the bid figures are attached to the official copy of these minutes.) See pages 172-A-B. The City Manager read the following letter, dated October 27th, 1971, from TelePrompTer Florida CATV Corporation, signed by Mr. Vern L. Coolidge which accompanied their bid: "Enclosed find our bid for the CATV franchise for the City of Delray Beach along with a copy of the 1970 Annual Report for TelePrompTer Corp- oration and our certified check in the amount of $5,000.00. We find Ordinance Number 36 - 71 to be an instrument of mutual fair- ness and benefit to the City of Delray Beach and to the franchisee. For your consideration, we do proffer a few recom~nendations for the assurance of optimum performance by the successful bidder. On Page four, Section eight, a minimum require}nent of 54 M~Hz through at least 2f~4 MHz should, be stipulated. As presently specified in Para- graph (a) the upper bandwidth requirement is set at 216 MHz and does not a!low for growth into the 20 plus channel capabili~y that exists in neigh- boring municipalities. On Page ten, Section 23, Sub Paragraph five, this applicant considem's it entirely reasonable that the franchisee submit applications for all nec-- essary licenses and permits within 30 days afl, er grant of the franchise. We ~re i[>repared to cc~!Y~ence construction within 60 d. ays from receipt of all licenses and p~r~aits., and would, no[-. object to ~;his language as par~ of k. he forfeiture section. Further, in Sub Paragraph six, this applicant is prepared to complete construct~._o~ within three years from the effective date of khe ordinance thus accelerating tilde cities potential for incre~s- ed revenue. S'houlc~ the City of Delray _]~each IDe so inclined to alter con- - 1- 1 I/1/71 struction deadlines as suggested, this applicant considers that Section 6, Paragraph (d) should properly be altered to return the bond to the fran- chisee after three years. It is TelePrompTer's understanding that the $5,000.00 bid require- ment is to be retained by the City until such time that the successful bidder posts performance bond of like amount. Should TelePrompTer be a- warded this franchise, the City would retain the $5,000.00 bid check and upon posting of performance bond by TelePrompTer, the City would further retain the $5,000.00 bid check as one half of the first years franchise payment. The balance of the first years payment will be paid to the City upon acceptance of the franchise by TelePrompTer. This total advance pay- ment of $10,000.00 will represent the first years payment which, accord- ing to the terms of the ordinance, is not due until one year from the efz' fective date of the ordinance. Subsequent payments would be made on April 1 of each year for the preceeding calendar/with the first such subsequent. payment due on April 1, 1974. year TelePrompTer agrees to pay the expense of ordinance publication and further agrees to pay a proportionate share of the ballot preparation ex- pense incurred by the City. Such payments will be made-to the City upon acceptance of the franchise by TelePrompTer. Finally, in the event it becomes necessary to supply subscribers with supplementary tuning devices for channel separation or to provide additional channel capacity, this applicant requests that a provision be made part of Exhibit "B" whereby the licensee could adjust monthly ser- vice rates to cover additional maintenance overhead. TelePrompTer Florida CATV Corporation and its more than 100 employees, all of whom reside in Palm Beach County, appreciates ~he opportunity to be of service to the City of Delray Beach. We thank you." The City Manager recommended that Council take the appropriate ac- tion approving the award of the CATV FRANCHISE to the bidder, and, should Council determine to do so, he suggested that a motion be passed that the CATV FRANCHISE be a~arded to the named bidder subject to pass- age at Referendum of the voters on December 7th, 1971, of this question, and 'that Council direct all necessary actions be taken for placing the question on the ballot, and that necessary newspaper advertising be done. Mrs. Martin moved that the Franchise Bid be awarded to TelePrompTer Florida CATV Corporation with the provision that it is placed on the Dec- ember Election Ballot~ for approval by the voters of Delray Beach and that the necessary legal advertisements be placed in the newspaper. The motion was seconded by Mr. Weekes and passed unanimously. The City Manager said that if Council is in agreement with modifying Ordinance No. 36-71 in accordance with the letter of October 27th submit- ted by the TelePrompTer Corporation, which he reco~nends be done, he be- lieves a motion should be passed in that regard. Mrs. Martin moved that if the CATV FRANCHISE is approved at the De- ce~er 7th Election that Ordinance No. 36-71 be amended per the letter of October 27th, 1971 from the TelePrompTer Corporation. The motion was seconded by Mr. Scheifley and passed unanimously. The City ~,lanager informed Council of a request of the Daughter of Zion Seventh-Day Adventist Church, 143 N. W. 6th Avenue, Delray Beach, for per~ission to solicit funds for educational, rae~lical and religious purposes~ by personal contact, door to d. oor and on Streets, from Novem- ber 13'Uh thr©ugh November 30th, 1971. The City Manager further informed Council that 'this application had been presented to the Solicitations com- mittee and approval of same has been recommended. -2- 11/1/71 Mr. Weekes moved that permission be granted for solicitation of funds as requested, the motion being seconded by Mr. Youngblood and unanimously carried. Attorney John Ho Adams introduced Mr. Vern L..Coolidge, Executive Manager of TelePrompTer of Palm Beach County, and also expressed his ap- preciation for action taken by Council concerning the CATV Franchise bids. The City Manager informed Council that the Areawide Health Planning Council, Inc. have submitted the name of Mrs. Helen Speed for appointment to that Council as a replacement for Mr. LeRoy W. Merritt who recently re- signed. Mrs. Speed was unanimously appointed as a Delray Beach representative to the Areawide Health Planning Council, on motion by Mrs. Martin and sec- onded by Mr. Seheifley. Mayor Saunders reported that most of the Council Members attended a Florida Shore and Beach Preservation Association convention in Sarasota, Florida, last week. During the general business meeting held on the 29th of October, the Delray delegation introduced a Resolution asking the As- sociation to go on record as favoring the proposed Beach Erosion Tax Dis- trict for Palm Beach County. He read the Resolution passed in that regard, a copy of which is attached to the official copy of these minutes. SEE PAGE 172-C. Mr. Youngblood reported that he had received a complaint of the con- dition of the street on N. W. 4th Street at 8th Avenue in the vicinity of Spady Elementary School and the Neighborhood store. The City Manager said that he would take care of that item. The meeting adjourned at 8:05 P.M. HALLIE E. YATES City Clerk APPROVED: MAYOR -3- ti/1/7! 172-A EXHIBIT "A" 2. tOATES 930 ~" ..... ~*~ (Section 29) PROPOSAL DoL~5 FOR RATE SCHE CITY OF DEL~\Y BEACF., FLORIDA MONTHLY IN~ PALLA2. ION SE RVICE TYPE OF S.,kViCE CHARGE CHARGE 1.' RESIDENTI}fL (Single Fami.ly} 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 4195 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. 3.95 (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) 1.50 Next 20 Units 1.25 All Units over 50 1.00 *Applicable only if owner guarantees 100% connections on single billing; otherwise Single Fami.ly rates are applicable. he b[.~der' by placement of the signature below of its duly authorized representa-- ire, agrees that the Invitation to Bid, Instructions to Bidders, General Cond~-- ~ons, Specifications (Ordinance No. 36-71), Addend~uns and/or any other pertinent ~'Cument forms a part of this proposal and constitutes a part hereof. ['[]~)[.R ~ompTer Florida CATV C.orporation 'f°IIA~UI(,:~_<~.~ ~ Q._. ~--~_.._~(.5~_~__..%.e.__ District Manager DATE October 27, 1971 (Title) 0 172-B EXHiBiT DfD FOR CATV Ft~NC!tISE 1 '~ ·-' ~' TO (Section 22) - PROPOSAL · ~ AYI.IEN i CiTY ~]NUALLY: YEAR MINIMUM PAYMENT First Year. ~_[~000.00 2nd through 5th year, inclusive 4,000.00 ea. year 6th ~zhrough 10th year, inclusive 6~000.00 ea. year ~lth through 15th year, inclusive 8,000.00 ea. year ~.6th through 20%h year, inclusive ..... ]9.~.000.00 ea. year 21st through 25th year, inclusive · ~ ~0,000.00 ea. year 26th through 30%h year, inclusive ~.. ~0~000.00 ea. year OR THE FOLLOWING PERCENTAGE, WHICHEVER IS G~A~ER: · See cover letter dated October 27, 1972 % of Gross , .. Gross Sales Annuall~ 4% of the Firs~ 5% of the Next ~000.00 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 ......... !1% of the Next 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 $500,000.00 ~ DI')Ef~: bidder, by placement of the signature below of its duly authorized represent~ .ye, agrees that the Invttation to B~d, Instructions to Bidders, General .ohs, fipeeif~cations (Ordinance No. 36-71), Addendums and/or any other pert~nenl ~eUment fo~s a par~ of this pro~sal and constitutes a part hereof. [DDER TelePrompTer Florida CATV Co~oration ~GNATURE (.~-~..~. ( ~~[, ~ ~ District blana~er DATE O~tober 27 .lqT~ 172-C A RESOLUTION OF THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION. WHEREAS, the Florida Shore and Beach Preserva- tion Association is dedicated to the restoration and preservation of Florida Beaches, and WHEREAS, Florida Statutes 161 provides for the establishment of County Beach Erosion Control Districts, and WHEREAS, the Palm Beach County Commission has placed on the ballot to be voted on at Referendum on November 2, 1971, the question of establishment of a Palm Beach County Beach and Shore Preservation District as provided by Florida Statutes 161; NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION here assembled in Sarasota in its 15th Annual Convention that: Section 1. The Board of County Commissioners of Palm Beach County be commended for placing the aforesaid question on the ballot to be voted upon on November 2, 1971. Section 2. The electorate of Palm Beach County is urged to vote for and pass the said question at said Referendum Election. Passed and adopted by unanimous vote of the Florida Shore and Beach Preservation Association this 29th day of October, 1971. · /$/ GEORGE FROST President