Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

the provisions of this Franchise not be construed against either party as the drafter 24 thereof. 25 SECTION 35. TRANSFER OF FRANCHISE. 26 If Grantee is dissolved or otherwise ceases to exist, ownership and control of the 27 system and all assets of the system, including this franchise, may not be transferred to 28 Cox Communications, Inc. or an affiliate thereof, without the prior written consent of the 29 City which consent shall not be unreasonably withheld. Grantee shall provide the City 30 thirty (30) days written notice prior to any such transfer, and the transferee shall become a 31 signatory to this franchise and shall agree to be bound by the terms and conditions of the 32 franchise. 33 SECTION 36. ADDITIONAL SERVICES. 34 A. Information. At the City's written request, Grantee shall provide 35 information on any Advanced Cable Services not being provided in the City of Fort Walton 36 Beach which are being provided on an operational basis in systems operated by Grantee 37 as of the Effective Date of this Agreement. 14 1 B. Subscriber Surveys. Upon the written request of the City, Cox shall provide 2 the City with copies of its most current subscriber surveys regarding quality of subscriber 3 service. The City will not disclose such survey information to any third party without Cox' s 4 prior written consent. 5 C. Additional Services. If Grantee is providing Advanced Cable Services on 6 an operational basis in any system, and the City desires that such Advanced Cable 7 Services be provided to subscribers in Ft. Walton Beach, City may require Grantee to 8 provide said Advanced Cable Services within one ( 1) year of the City's written request, 9 provided the following conditions are met: 10 1. The offering of such Advanced Cable Services is permissible under 11 applicable federal and state laws, ordinances, rules and regulations; 12 2. Grantee has secured all certificates, licenses, authorizations and approvals 13 from federal and state agencies necessary for the offering of such 14 Advanced Cable Services, provided, however, that the Grantee shall seek 15 to obtain such approvals in a diligent and timely manner; and 16 3. If Cox' s subscriber surveys referenced in Subsection B above demonstrate 17 that a statistically significant number of subscribers, both within the City of 18 Ft. Walton Beach and the entire NorthWest Florida region, are willing to 19 subscribe to, and to pay a reasonable rate, as determined by the Grantee, 20 for such Advanced Cable Services. 21 D. Exemption. Subsection C notwithstanding, provision of these Advanced 22 Cable Services shall not be required if Grantee can demonstrate that it is uneconomic to 23 do so. 15  1 2 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF FT. 3 WALTON, BEACH, FLORIDA ON THIS _ DAY OF , 2006. 4 5 6 7 MIKE ANDERSON, Mayor 8 ATTEST: 9 10 11 HELEN A. SPENCER, City Clerk The form and legal sufficiency of the 12 foregoing has been reviewed and 13 approved for the use and reliance of 14 the City of Ft. Walton Beach, Florida. 15 16 17 18 Suzanne Brownless 19 City Franchise Attorney 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 First Reading: 36 37 Second Reading: 38 c: 5057c 16  1 2 APPROVAL AND ACCEPTANCE 3 4 5 Cox Communications Gulf Coast, L.L.C., by its duly authorized officer, does hereby as franchisee hereunder, agrees to 6 approve and accept the foregoing franchise, and assume and comply with all of the terms, conditions, covenants and obligations of 7 perform, 8 said franchise. 9 10 DATED this day of 2006. 11 12 13 14 COX COMMUNICATIONS GULF COAST, L.L.C. 15 16 17 18 BY: 19 Name: L. Keith Gregory 20 Title: Vice President and General Manager 21 22 23 24 25 26 27 28 ATTEST: 29 30 31 32 33 34 Witness 35 36 37 38 39 40 41 c: 5057c 17  CITY COUNCIL MEETING March 14, 2006 Regular Agenda General Public On Matters of City Business Agenda Item Number: RG - 11  CITY COUNCIL MEETING March 14, 2006 Regular Agenda Consideration of a request to direct the City Clerk to notify affected property owners of proposed area- wide rezoning from Highway Commercial to Mixed- Use Main Street CDS Director) Council Action 1st 2nd Vote: RG - 12 Agenda Item Number:  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: March 3, 2006 TO: Joyce Shanahan, City Manager . THROUGH: Missy McKim. CDS Di~ ry./ FROM: Len Mitchell, Planning Manager Lb SUBJECT: Consideration of Request to Direct City Clerk to Notify Affected Property Owners of Proposed Area-wide Rezoning from HC Highway Commercial District to MUMS Mixed-use Main Street District. (MPB Case#06-5- RZ) THE REQUEST: The Community Development Services Department ( CDS) has initiated a request to amend the Official ZOning Map from HC Highway Commercial District to MUMS Mixed- use Main Street District for land lying between Beal Parkway and Harbeson Avenue SE and First Street and Miracle Strip Parkway SE. BACKGROUND: On September 13, 2005 City Council approved Ordinance 1638, a major amendment to the City' s Comprehensive Plan. One of the amendments enacted in Ordinance 1638 re-designated Land on the Future Land Use Map ( FLUM) from HC, Highway Commercial to MUMS, Mixed- Use Main Street The subject area lies between Beal Parkway and Harbeson Avenue SE and First Street and Miracle Strip Parkway SE. The process of implementing the Future Land Use Map designation requires the adoption of an ordinance amending the Official Zoning Map of the City to a zoning district which is considered consistent with the FLUM designation. Applicable law [ S. 166.041 ( 3) ( c), ES.] requires that in cases where an ordinance initiated by a of municipality is proposed to change the actual zoning map designation for a parcel or parcels land involving less than 10 contiguous acres the City Council shall direct the City Clerk to notify each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for a public hearing on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk. The City Council shall hold a public hearing on the proposed ordinance and may upon the conclusion of the hearing, immediately adopt the ordinance. l, The proposed ordinance shall be read by title, or in full, on at least two separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The proposed ordinance will be read by title at the April 6, 2006 MPB Meeting and at the April 25, 2006 City Council meeting. City Council will hold a public hearing on May 9, 2006. The CityCouncilmay upon the conclusion of the hearing, immediately adopt the ordinance. The Municipal Planning Board ( MPB) will consider the application following a public hearing on April 6, 2006 and forward a recommendation to the City Council DISCUSSION: Council should direct the City Clerk to provide notice, in the form prescribed by law, to affected property owners not later than 30 days before the proposed public hearing on May 9, 2006. RECOMMENDATION: Council should direct the City Clerk to provide notice of the proposed rezoning to affected property owners located between Beal Parkway and Harbeson A venue SE and First Street and Miracle Strip Parkway SE. Enclosures: Location Map  Exhibit · AW Map LQCation 11\ Y/' J) J Y rt= 1 I I I 1\ \ I 11111 \ \ ~ ~\"( II n J:~ 1\ \ 11 m~ = Y ~ o: '-';;--_~ ~ ;:: - c:. - 1 I 0tV Of~ H- cornrnun~