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1998
1 2 3 4 5 6 7 8 · 9 ~2 13 16 :1_8 ~ 22 ~23 ~2S ~26 27 28 2~ 30 31 ~2 33 34 35 36 37 38 ORDINANCE NO. 98-001 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.04.01(A), DENSITY, HEIGHT AND LOT COVERAGE - GENERAL, TO PROVIDE FOR AN INCREASED MAXIMUM LOT COVERAGE FOR AQUACULTURE USES IN THE AG-l, AG-2.5 AND AG-5 ZONING DISTRICTS; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTIONAND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993 93-03 February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-23 September 2, 1997 98-01 January 20, 1998 On November 20, 1997, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing, determined the proposed amendments to be consistent with the St. Lucie County Ordinance #98-001e Final Underline is ~or addition ~ is for deletion highlights areas of proposed amendment Page 1 PRINT DATE: 01/21/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 o 10. 11. Comprehensive Plan and recommended that the proposed ordinance be approved. On December 16, 1997, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on December 4, 1997, and after opening the public hearing and accepting public comments, continued this hearing until January 6, 1998. On January 6, 1998, the Board reconvened the Pubic Hearing and accepted additional public comments on this proposed change to the County's Land Development Code. On January 20, 1998, this Board held its second public headng on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 15, 1998. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan. Objective 1.1.2 of the St. Lucie County Comprehensive Plan recognizes that agriculture is the primary use of land outside of the urban service area. Aquaculture production is recognized as an expanding agricultural activity in St. Lucie County and provides for a positive economic impact on the community. In 1995, aquaculture production and its related activities were recognized as a specific targeted industry for St. Lucie County as part of the Visions St. Lucie program. The proposed amendments to the St. Lucie County Land Development Code serve to promote the use of new technologies and advances in the production of food and other agricultural products ...... Underliners--for addltio~---- -- ~ is for deletion highlights areas of proposed amendment Ordinance #98-001e Page 2 Final PRINT DATE: 01/21/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 12. 13. 14. through non-traditional farming methods. The proposed amendments to the St. Lucie County Land Development Code do not relieve or exempt any agricultural operation from meeting all applicable local, State or Federal regulations governing farming activities and development. The proposed amendments to the St. Lucie County Land Development Code do not relieve or exempt any agricultural operation from meeting all applicable local, State or Federal regulations governing natural resource protections applicable to farming activities and development. The proposed amendments to the St. Lucie County Land Development Code are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS ---- Underline is for addition ~ is for deletion ~9 highlights areas of proposed amendment Ordinance #98-001e Final Page 3 PRINT DATE: 01/21/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 7.04.00 7.04.01 A. AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS REQUIREMENTS DENSITY, HEIGHT AND LOT COVERAGE - GENERAL Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7.10 for the Zoning District in which it is located. Underline is for addition S---k--~--:'A Tkrcu~h is for deletion highlights areas of proposed amendment Ordinance #98-001e Page 4 Final PRINT DATE: 01/21/98 ~ ~ ~ ~ ~ o o ~ o o o o o o o o o o o ~ ~ ~ oooooo 0000 0 = ~ ~ o ooo-ooooooo ..... - O~ 0 0 o z <z <<~ ~o x - o m ~ z ~LLI 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Chades, Sr. AYE Vice Chairman Paula A. Lewis AYE ~nderl~ne is for addition ~ is for deletion highlights areas of proposed amendment Ordinance #98-001e Page 8 Final PRINT DATE: 01/21/98 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Ken Sattler AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not- be codified. PASSED AND DULY ENACTED this 20th day of January, 1998 ATTEST: BOARD OF COUNTY COMMISS~)N.ERS ST. LUClE COUNTY, FLORIDA DJM 98-001e(LDCamends - disc #5) APPRQVED AS TO FORM AND 0 rl-I Underline is for addition _tri.:c~ ' T..rcu-..= == is for deletion highlights areas of proposed amendment Ordinance #98-001e Page 9 Final PRINT DATE: 01/21/98 JoAnne Holman, Clerk of the Cir, "Court - St. Lucie County File Number:i638098 OR 8b~,, li49 PAGE 2868 Recorded: 06-03-98 10:55 1 2 3 4 5 6 7 0 '12 14 16 :1_8 21 .J 22 24 26 7 20 32 3~ 34 35 36 37 38 3~ 40 ORDINANCE NO. 98-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 8.02.01, PARTICULAR TEMPORARY USES PERMITTED, BY PROVIDING FOR THE CREATION OF PARAGRAPH (J) AUTHORIZING SPECIAL VEHICLE AND BOAT SALES EVENTS ON-SITES NOT APPROVED FOR THE PERMANENT DISPLAY VEHICLE AND BOAT SALES IN THE CG, IL AND IH ZONING DISTRICTS; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 March 14, 1991 91-09 - May 14, 1991 91-21 November 7, 1991 92-17 - June 2, 1992 93-01 - February 16, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 94-18 - August 16, 1994 94-21 August 16, 1994 95-01 - January 10, 1995 96-10 August 6, 1996 97-01 - March 4, 1997 97-09 October 7, 1997 97-23 - September 2, 1997 98-01 January 20, 1998 98-02 March 06, 1998 On December 17, 1997, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and after opening the public hearing and accepting public comments, continued this hearing until January 15, 1998. Underline is for addition 3tzika Ti,zou~,~ is for deletion Ordinance #98-002c Page 1 FINAL PRINT DATE: 04/07/98 OR BOOK 1149 PAGE 2869 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 On January 15, 1998, the Planning and Zoning Commission reconvened the Pubic Hearing and accepted additional public comments on this proposed change to the County's Land Development Code. On February 3, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 22, 1998, and continued this public hearing until March 3, 1998. On March 3, 1998, the Board reconvened the public hearing and accepted additional public comments on the proposed ordinance. On April 7, 1998 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on March 26, 1998. o The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VIII Underline is for addition Stalk= ThzouuL is for deletion Ordinance #98-002c Page 2 FINAL PRINT DATE: 04/07/98 OR BOOK 114c) PAGE 285'0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ACCESSORY AND TEMPORARY STRUCTURES AND USES 8.02.00 TEMPORARY USES AND STRUCTURES 8.02.02 PARTICULAR TEMPORARY USES PERMITTED Permitted temporary uses include: Paragraphs A through I -- No change S,Decial vehicle and boat sales events on-sites not approved for the permanent display vehicle and boat sales may be approved by the Community Development Director if the following requirements and standards are met: Said events shall be conducted on property having a CG1 IL or IH zoning designation, or on pro,Dertv approved by the Community Development Director for special public events, such as the fairgrounds site; Said events shall be conducted on property having existing, permanent1 and permitted driveways and access points. No new driveways (road cuts) are permitted in conjunction with sales events; The event shall have a duration of four (4) or fewer consecutive days and shall be conducted by one or more dealers having a valid St. Lucie County occupational license; Said events shall be conducted on property having adequate area for vehicle display, em,Dlovee and customer parking. Vehicle display areas may be unpaved, However all em- ployee and customer parking areas must be paved. Vehicles offered for sale must be displayed only in areas identified as display areas on the scaled drawing submitted as part of the temporary use permit application. Employee and customer parking must be provided at a rate of one space per one thousand (1,000) square feet of vehicle display area; Said events may be conducted on-sites approved for other uses (such as banks, shopping centers) provided that the following conditions are met: No Parkings_Daces designated as being required on the approved site plan for the host site may be used as display area or customer/employee parking for the special vehicle sales event unless the following criteria are satisfied: The applicant for the Temporary Use Permit provides a written, certified statement from the owner or agent for the host site/use that sufficient square footage of approved floor area is unoccupied to provide parking or Underline is for addition St£ik~ Thzou~l, is for deletion Ordinance #98-002c Page 3 FINAL PRINT DATE: 04/07/98 oR BOOK ii4 PAGE 2871 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 10. 11. display area for the special vehicle sales event; or The applicant for the Temporary Use Permit provides a written, certified statement from the owner or agent for the host site/use stating that the host use will be closed for the entire duration of the special vehicle sales event, including vehicle display times. However; where host uses such as banks participate in the sales event, that activity will not constitute operation by the host use, provided that the host use is not open to the general public for business unrelated to the special sales event. No extension of a temporary use permit for special vehicle sales events may be granted. All signs to be used in conjunction with the event must conform to the requirements of Section 9.01.02(c) of the St. Lucie County Land Development Code. A sign permit(s), if re- quired, must be obtained prior to issuance of any temporary use permit for a sales event. Sanitary facilities shall be provided in accordance with applicable environmental health regulations. Prior to issuance of any temporary use permit for a sales event, the applicant must obtain written approval from the St. Lucie County Public Health Unit for all proposed sanitary facilities. Prior to the issuance of any temporary use permit for a sales event, the applicant must obtain written approval from the Community Development Director for use of any temporary facilities (such as a tent). Use of any facilitie~ required to be inspected by St. Lucie County or the St. Lucie County/Ft. Pierce Fire Department shall be inspected by the appropriate department prior to operation of the facility. Concessions may only be permitted as an accessory use to the sales event. If concessions are proposed, the applicant for the sales event must obtain written approval from the St. Lucie County_ Public Health Unit for the proposed concession facilities, prior to the issuance of any temporary_ use permit for the sales event. Special Vehicle Sales Event applications must meet all submittal requirements for a temporary use permit application. In addition, special vehicle sales event applications must include the following: a/Al A scaled drawing showing: The dimensions of the property parcel upon which the event is to be held; The dimensions of the sales event area; Location and dimension of all display areas, parking areas, and driving aisles to be utilized; All ad!acent roadways and driveways of the property parcel site; All siqns to be used in conjunction with the sales event and the size and type of sign(s) used; Existing zoning of the subject property and applicable setbacks. Underline is for addition Strike Thzo~gh is for deletion Ordinance #98-002c Page 4 FINAL PRINT DATE: 04/07/98 OR BOOK l14g PAGE 28?2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Information identifying: 2_.. 3_. 4.~. 5.._~ 6_. Beginning and ending dates of the event; Hours of operation of the event; Approximate number of vehicles displayed at any one time on the event sited. Any temporary facilities, including sanitary; display (such as tents), and concessions; How parking and traffic flow will be properly directed onto and within the event site; If existing parking spaces of a permanent use (such as shopping plaza) are to be utilized by patrons and employees of the sales event, calculations shall be $ubmitted demonstrating that the sales event will not utilize any parking spaces necessary, in accordance with the parking standards specified in this code, to service the existing uses. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. Underline is for addition Stzike Thzou~i-~ is for deletion Ordinance #98-002c Page 5 FINAL PRINT DATE: 04/07/98 OR BOOK 114c~ PAGE 28?3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. Vice Chairman Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Ken Sattler AYE AYE AYE AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. Underline is for addition Strike ?nzo~gll is for deletion Ordinance #98-002c Page 6 FINAL PRINT DATE: 04/07/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BOOK 1149 PAGE 2874 ~'~, ~ _': I ,i~.'~' ,-,, PASSED AND DULY ENACTED this 7th day of April, 1998 ATTEST: BOARD OF COUNTY COMMISSll ST. LUClE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND ORRECTNESS: 6oui~Y77RNEy DJM 98-002C(LDCamends - disc #5) Underline is for a~ditio~ StJik~ Th£ou~l, is for deletion Ordinance #98-002c Page 7 FINAL PRINT DATE: 04/07/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 T 17 20 21 23 24 ~-'~ 27 ~ 28 ~ 29 3'1 ~32 33 ~5 37 3~ 3~ 40 41 42 ORDINANCE NO. 98-003 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.12, SCRAP AND WASTE MATERIALS, BY ADDING TO PARAGRAPH A(t) THE TERM "NON-FERROUS METALS", TO THE UST OF SCRAP MATERIALS THAT MAY BE COLLECTED FOR RECYCLING IN THE IL ZONING DISTRICT; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABIMTY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 - May 14, 1991 91-21 November 7, 1991 92-17 - June 2, 1992 93-01 February 16, 1993 93-03 . February 16, 1993 93-05 May 25, 1993 93-06 - May 25, 1993 93-07 May 25, 1993 94-07 - June 22, 1994 94-18 August 16, 1994 94-21 - August 16, 1994 95-01 January 10, 1995 96-10 - August 6, 1996 97-01 March 4, 1997 97-09 - October 7, 1997 97-23 September 2, 1997 98-01 - January 20, 1998 98-03 February 03, 1998 On December 17, 1997, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On January 20, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 8, 1998. Ordinance #98-003a Final Underline is for addition St;Ik~ T;,~a~l, is for deletion Page 1 PRINT DATE: 02/17/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 On February 3, 1998 this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on January 22, 1998. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00 7.10.12 A. SUPPLEMENTAL STANDARDS 8CRAP AND WASTE MATERIALS In the IL (Industrial Light) zoning district, scrap and waste material collection operations may be permitted as a conditional use subject to the follow~g criteria: 1. The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, --" .............. .... · .: ............... ~ ,,~,,~, metal cans. and non-ferrous metals. 0 -3 Underli~9 is for addition ~tJik$ Tl,~'~u~,~ is for deletion Ordinance #98-003a Fage 2 Final PRINT DATE: 02/17/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Paragraph I through 6 - No Change PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucia County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C, SEVERABILITY. If any portion of this ordinance is for any mason held or declared to be unconstitutional, inoperative, or void, such holdbg shall not affect the remain~:j portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certif'~d copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. Vice Chairman Paula A. Lewis Commissioner Cliff Barnes AYE AYE AYE Underline is for addition Sti~k~ TL,_,.~gI~ is for deletion Ordinance #98-003a Page 3 Final PRINT DATE: 02/17/98 OR BOOK ii~ PAGE O?~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 Commissioner John D. Bruhn Commissioner Ken Sattler AYE AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codi~ied. PASSED AND DULY ENACTED this 03rd day of February, 1998 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~-~HAIRMAN APPROVED AS TO FORM AND ,CORRECTN~E.,~~ DJM 98-(X33a(LDCamends - disc #5) ~ITS~0AS~ Unde,rl.%p~, is for 3tzik~ T:,~v~l, is for deletion Ordinance #98-003a Page 4 Final PRINT DATE: 02/17/98 JoRnne Holman, Clerk of the Cb_ .~t Court - St. Lucie County File Number::1.6542500 OR BOOK -1164 PRGE 0135'2 Recorded: 0B-07-98 12:31 P.H. 1 2 3 4 5 6 7 8 9 10 11 12.. 13 - 16 17 18 ~ 20~ 22 ~ 23 ~' 27 28 29 31 ~ 32 34 ,< ORDINANCE NO. 98-006 AN ORDINANCE ADOPTING THE ST. LUCIE COUNTY VESSEL CONTROL AND WATER SAFETY ORDINANCE RELATING TO VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR TITLE, PURPOSE AND AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR AREAS OF ENFORCEMENT AND MEANS OF ENFORCEMENT; PROVIDING FOR VESSEL REGULATION INCLUDING SPEED, CAREFUL AND PRUDENT OPERATION REQUIRED, AREAS OF PROHIBITED WATER ACTIVITY, AREAS OF REGULATED WATER ACTIVITY, AREAS OF SPECIAL MANAGEMENT AND REGULATIONS FOR OPERATION OF PERSONAL WATERCRAFT RENTALS; PROVIDING FOR PROCEDURES TO DESIGNATE AREAS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTY, CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the recreational use of the public beaches is an asset of St. Lucie County ~which is afforded the public at large, including residents and visitors to the County; and, WHEREAS, the manner, mode, type and degree of uses to which the adjoining waters are placed by the public affects the health, safety and welfare as well as the right to enjoyment by individuals using the beaches or waters for recreational purposes as well as those residing nearby; and, WHEREAS, the operation of vessels in certain known swimming areas and in excess of idle speed poses a threat to the health, safety and welfare of swimmers and others located offshore from beaches; and, WHEREAS, regulations which reduce vessel wakes and regulate vessel speeds will aid in reducing turbidity along and erosion to grass beds, mangroves and shorelines that serve as habitat for manatees, wading birds and other flora and fauna within St. Lucie County; and, - -- Onderline is fo~'~"a~'ti~n- - - - Sir:kc Thrc,.'-'gh is for deletion Ordinance #98-006f Page 1 Final PRINT DATE: 07/21/98 DR BOOK ii64 PAGE 08' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 WHEREAS, the use of personal watercraft is continuous in a limited area and creates persistent noise which is a nuisance to a residential area; and, WHEREAS, it is in the interest for safety and welfare of the public to establish certain regulations for commercial vessel activity and limited areas of personal watercraft activity. WHEREAS, the Board of County Commissioners of St. Lucie County recognizes the need for standards for location of personal watercraft rentals to ensure that such operations are located and utilized within commercially zoned areas or recreation areas to preserve residentially zoned areas and to ensure that personal watercraft are operated with a high degree of safety standards to protect the renter and the public; and, WHEREAS, the Board of County Commissioners of St. Lucie County finds that personal watercraft rentals have a greater impact on land areas than other types of water oriented activities because personal watercraft create a persistent noise from continuous use in limited areas and the numbers of watercraft that could be rented from one source which serves to multiply the noise; and, WHEREAS, the use of personal watercraft floating vendors in St. Lucie County will create a potential intrusion of commercial activity into residentially zoned areas; and, WHEREAS, it is in the interest of protecting residential neighborhoods, preserving the County's natural resources and limiting intrusion into public bathing areas that this Ordinance sets forth specific standards for the location and operation of commercial personal watercraft rentals and to regulate the use of personal watercraft floating vendors in the waters of St. Lucie County; and, WHEREAS, the operation of vessels in areas used for other water activities poses a threat to the safety of swimmers and the control of other water vessels; and, WHEREAS, the manner in which personal watercraft are used continuously in a limited area, such persistent noise causes a nuisance to adjoining residential areas and disrupts the habitat of wildlife; and, WHEREAS, it is in the interest for safety and welfare of the public and the County's natural resources to establish certain regulations for speed control and limited areas of watercraft activity to reduce injury to the public and ensure the continuation of our natural resources for the public benefit and welfare. Underline is for addition .............. is for deletion Ordinance #98-006f Page 2 Final PRINT DATE: 07/21/98 OR BOOk 11~ PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, on April 16, 1998, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and continued the public hearing on this item until May 21,198 WHEREAS, on May 21, 1998, the Local Planning Agency/ Planning and Zoning Commission reconvened the public hearing on this item and accepted additional comments and testimony and at the conclusion of this hearing recommended that the proposed ordinance be approved, with certain modifications. WHEREAS, on June 2, 1998, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St Lucie News and the Tribune on May 22, 1998. WHEREAS, on July 21, 1998, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on July 9, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. Chapter 1-5 "Boating" and Article I "Vessel Control and Water Safety" of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, are hereby created as follows: SECTION 1-5-1' TITLE This Ordinance shall be known and may be cited as the St. Lucie County Vessel Control and Water Safety Ordinance. SECTION 1-5-2: PURPOSE AND AUTHORITY The purpose of this Ordinance shall be to promote safety in and between boating, swimming and other water related activities in St. Lucie County and to preserve and protect our natural resources. Underline is for addition St;=,kc Thrc..'.'.~h is for deletion Ordinance #98-006f Page 3 Final PRINT DATE: 07/21/98 '- OR BOOK 11~ PAGE OEi..~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 The County does hereby declare that the public health, safety and welfare of the citizens of the County and others requires designation of specific areas within which the operation of vessels and personal watercraft may be regulated or prohibited. The County is hereby authorized to designate specific areas prescribing the water activities that may be conducted and the operation of vessels therein, and the regulations for the conduct thereof. The County may, in the interest of safety, prohibit vessels, including personal watercraft, from operating within such designated area and may prohibit swimming, waterskiing, skindiving and other water related activities or any of them, from being conducted in such areas. SECTION 1-5-3: DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words and 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 the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory "Bather" means any person who is in the same water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water "Beach" means the SOft sand portion of land lying seaward of a seawall or line of permanent vegetation and seaward of the mean high water line of the Atlantic Ocean. "Floating Vendor' means a vessel represented as a place of business, a professional or other commercial enterprise which is used to solicit, conduct, or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character. This term does not include the following types of vessels' 1_. A vessel which in and of itself is rented; Any parasail operation using self contained operational equipment so that launching or landing does not occur on land; A vessel maintained in a permanent location over privately owned or leased submerged bottomlands; or, Underline is for addition Sir, kc Th;c, ugh is for deletion Ordinance #98-006f Page 4 Final PRINT DATE: 07/21/98 OR BOOK ii64 PAGE 087'% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 A vessel used for hire (i.e., charter boat, dive boat. dinner cruise boat, tour boat. etc.). "Idle speed" means the lowest speed at which a vessel can operate and maintain steering control and make progress over the bottom. The actual speed will depend upon the design of the vessel and on the vessel's load, wind direction and speed, and the sea conditions. Generally, it will be between 1 and 3 miles per hour for outboard and inboard/outboard vessels, between 2 and 5 miles per hour for fixed shaft/rudder vessels, and the minimum speed merely necessary to effectively traverse breaking water for personal watercraft. For a non-motor propelled vessel, idle speed means that speed necessary for steerageway. "Littoral Waters" means that part of the ocean or sea which abuts the shoreline and includes the shore to the mean high watermark. For purposes of this ordinance, the littoral right to use such waters shall be limited to the waters within the boundaries of the land-based site as those boundaries extend into the water at right angles from the shoreline. "Operate" means to navigate or otherwise use any vessel in, on or under the water. "Person" means any individual, partnership, firm, corporation, association or other entity. "Personal watercraft" means a small class A-1 or A-2 vessel as defined by state law which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary, source of motive power and which is designated to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel "Site" means the plot or parcel of land or combination of contiguous lots or parcels of land. "Vendor" means a person or entity which rents or leases personal watercraft for considerations. "Vessel" means a motor-propelled or artificially-propelled vehicle operating on the water. This term shall not include rafts, floats or floatation devices, whether of Underline is for addition S'--',:;; Thr~,u,~h is for deletion Ordinance ~8-006f Page 5 Final PRINT DATE: 07/21/98 1164 ~ 08.! 1 2 3 5 6 canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water. "Water Skier" means any person engaged in water skiing or any other water sport that involves their being towed by a motorized vessel 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION 1-5-4: AREA OF ENFORCEMENT The area of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, bayous, canals and channels, whether natural or man-made, located within the unincorporated areas of St. Lucie County, including all public waters within thP. jurisdiction of the County in which the tide ebbs and flows. This Ordinance shall also apply to all public navigable waters, creeks, bayous, canals and channels which are contiguous to County owned beaches, parks and recreational areas located within the incorporated areas. This Ordinance does not apply to the Florida Intracoastal Waterway. SECTION 1-5-5: MEANS OF ENFORCEMENT The provisions of this Ordinance shall be enforced by members of all duly authorized law enforcement agencies within the County. Section 1-5-7 of this Ordinance shall also be enforced by the appropriate St. Lucie County Department, Division or Agency. SECTION 1-5-6: VESSEL REGULATION 24 25 A 26 27 28 29 3O 31 32 33 34 35 36 37 38 CAREFUL AND PRUDENT OPERATION REQUIRED Every_ person operating any vessel in. on or under any waters within the area of enforcement as set forth above shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, proximities to fishermen, bathers, water skiers and other boats and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. In the Atlantic Ocean, no owner, operator or person in command of any vessel shall permit or operate a vessel within 300 feet of a bather unless at idle speed. In all other waters including the Indian River, no owner, operator or person in command of any vessel shall permit or operate a vessel within 100 feet of a bather unless at idle speed. Failure to operate a vessel in such a careful and prudent manner shall constitute boating in violation of this Ordinance - ~nderline is for addition S';ikc. Thr;ugh is for deletion Ordinance #98-006f Page 6 Final PRINT DATE: 07/21/98 1 B__~. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 E__~. 28 29 30 31 32 33 34 35 36 37 38 AREAS Of PROHIBITED WATER ACtiVITY No owner, operator or person in command of any vessel shall permit or operate a vessel within 300 feet of a posted "Swimming Area" at a County-park or County beach on littoral waters adjacent thereto, or any other area that may be sn designated by the Board of County Commissioners of St. Lucie County pursuant to the procedures set forth in this Ordinance. AREAS OF REGULATED WATER ACTIVITY No owner, operator or person in command of any vessel shall permit or operate said vessel at a speed greater than, or in excess of, idle speed whenever the vessel is in an Area of Regulated Water Activity except as to those prohibited areas set forth in Section 1-5-6 C of this Ordinance. Ingress and egress to the beaches shall be as nearly perpendicular to the shoreline as possible. The following areas are hereby designated as Areas of Regulated Water Activity' Any area designated as an official" IDLE SPEED ONLY/NO WAKE are~ which is so posted in such a manner and place that it may be reasonably expected to be seen and read by a person in operation of a vessel within the area: and. Any other area that may be SO designated by the Board of County Commissioners of St. Lucie County according to the procedure set forth in this Ordinance. AREAS OF SPECIAL MANAGEMENT No owner, operator or person in command of any vessel shall permit or operate a vessel at a speed greater than, or in the excess of, either idle speed, slow speed or under motor power, whichever is applicable, whenever the vessel is in an Area of Special Management except as to those prohibited areas or regulated areas as set forth in Sections 1-5-6 C. and D., respectively. These areas are so designated to provide increased protection of the manatees and other natural resources. The following areas are hereby designated as Areas of Special Management' Any area designated as an official "No Motor Power" zone which is so posted in such a manner and place that may be reasonably expected to be seen Underline is for addition Sir',',;; Thrc. ugh is for deletion Ordinance #98-006f Page 7 Final PRINT DATE: 07/21/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 and read by a person in operation of a vessel in the area. Operation of a vessel in these areas shall be without motor power. Poling, rowing or wind- power is permissible; or, Any other area that may be so designated by the Board of County Commissioners of St. Lucie County pursuant to the procedures set forth in this Ordinance. SECTION 1-5-7: REGULATION AND LOCATIONS FOR PERSONAL WATERCRAFT RENTALS Any person engaged in the rental, leasing, bailment for consideration or otherwise providing transportation for remuneration, of personal watercraft for use by the public on any waters of St. Lucie County, must meet the following requirements as of the effective date of this Ordinance including any new and already existing rental operations' A person is required to obtain a county occupational license and a zoninq compliance permit which shall be issued to the personal watercraft rental operations office. 1_. The operations office shall be located at a land-based site; and, 2_. The land-based site shall have direct access to the beach. Direct access shall not include public rights-of-way, County-owned beach access, or any residentially zoned land that must be traversed to gain beach access; and, All business transactions such as the exchange of consideration or remuneration for the rental, leasing, bailment or any other type of transaction between the commercial rental operator and customer shall occur on the land-based site for which the occupational license is issued; and, The personal watercraft shall only be rented or operated at idle speed on the littoral waters offshore of the land-based site for which the occupational license is issued until the personal watercraft travels beyond 500 feet offshore from the beach and/or beyond any designated areas of regulated water activity or area of special management. Each vendor must conspicuously display on each rental personal watercraft the special speed limit instructions that apply. The speed restrictions must be easily visible to Underline is for additi~'n ............... is for deletion Ordinance #98-006f Page 8 Final PRINT DATE: 07/21/98 ~ ~K 11~4 P~B£ OBL ,, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 the operator of the rental personal watercraft when the operator is in the operating position on the personal watercraft. A floating vendor of personal watercraft rentals may operate within the littoral waters of a land-based site as long as the floating vendor has an occupational license issued at that land-based site. Each vendor must display on each rental personal watercraft identifying letters and/or numbers that identify the specific personal watercraft. Each identification number and/or letter, trademark logo and/or company name must be at least four (4) inches in height and must contrast with the background color so as to be easily visible at a distance of 250 feet by a person with 20/20 vision. A vendor must distribute and explain a handout on boating safety rules to each person renting a personal watercraft. The handout must specifically identify the location of County parks-beaches where vessels are prohibited and also highlight the 100 to 300 foot separation requirement from bathers and dive flags. The 100 to 300 foot distance must be demonstrated on site. A person must have and maintain a telephone and an operable marine VHF radio at its land-based operations office. A person must have a manned, motorized chase vessel with operational marin~ radio in good running condition that meets all United States Coast Guard safety requirements and is within vision of where the personal watercraft are being operated during all hours of the persons operations. A person must have and maintain comprehensive general liability insurance with coverage not less than $500,000.00 combined single limits. A copy of the current insurance policy shall be kept at the rental operations office A person shall register each personal watercraft and have registration number affixed thereon. a Florida vessel A person may not lease, hire or rent a personal watercraft to any person who is under 16 years of age; nor may that person lease, hire, or rent such watercraft or other vessel to any other person, unless the person engaged in renting thc Underline is for addition StSkc Th;;ugh is for deletion Ordinance #98-006f Page 9 Final PRINT DATE: 07/21/98 OR BOOK 1164 PAGE O8~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 watercraft for consideration displays boating safety information about the safe and proper operation of vessels and requires a signature by the lessee that he or she has received instruction in the safe handling of the watercraft in compliance with state standards. SECTION 1-5-8: PROCEDURES TO DESIGNATE AREA-~ By Resolution adopted at a public hearing upon at least ten (10) days notice published in a newspaper of general circulation in St. Lucie County, Florida, the Board of County Commissioners of St. Lucie County may designate additional specific areas as an "Are~ of Prohibited Water Activity" as described in Section 1-5-6.B., an "Area of Regulated Water Activity" as described in Section 1-5-6.C., or an "Area of Special Management" as described in Section 1-5-6. The published notice shall include maps delineating the areas regulated. In designating such areas, the Board of County Commissioners shall hear all testimony presented and make a finding that the designation is necessary for the safety and/or welfare of the citizens of the County. Upon the adoption of such a Resolution, the Board of County Commissioners shall publish the Resolution one time in a newspaper of general circulation in St. Lucie County, Florida, after which the designation of the area shall be complete and binding; provided, however, no person shall be convicted of a violation of this Section relating to such specified areas until signs designating the boundaries of the area so designated have been posted in such a manner and place that they may reasonably be expected to be seen and read by a person operating a vessel in that area; provided, however, that no signs will need to be posted for areas described in Section 1-5-6.B. and C. unless so designated as a requirement. SECTION 1-5-9. EXEMPTIONS The provisions of this Ordinance shall not be construed to prohibit the running of racing or exhibition boats or personal watercraft during a publicly announced properly authorized and supervised, and adequately patrolled regatta or speed trial or exhibition. "Properly authorized" shall require approval of the Board of County Commissioners of St. Lucie County Florida Marine Patrol rescue craft, St. Lucie County Sheriff's Department craft, tow boats, other official craft and craft operating under emergency conditions shall be Underline is for addition S'-'=,kc Thrc'.-'.3h is for deletion Ordinance #98-006f Page 10 Final PRINT DATE: 07/21/98 OR BOOK i164 PAGE OBP~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 exempted from the provisions of this Ordinance while performing their official duties or operating in an emergency. The provisions of Section 1-5-6.A prohibiting the operation of a vessel within 100 to 300 feet of a bather shall not be construed to prohibit operation of vessels at more than idle speed in close proximity to water skiers. SECTION 1-5-10: PENALTY For violations of this ordinance except Section 1-5-7, a citation may be issued pursuant to the procedures set forth in Sections 327.73 and 327.72, Florida Statutes. For violations of Section 1-5-7, the County may initiate enforcement procedures pursuant to Chapter 162. Florida Statutes. PART B: CONFLICT In the event that any provision of this Ordinance is found to be contrary to any other St. Lucie County Ordinance which regulates the same subject matter, then in said event, the more restrictive Ordinance shall apply. PART C: SEVERABILITY The provisions of this Office are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be held unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent that this Ordinance would be adopted had such unconstitutional provision not been included therein. PART D: EFFECTIVE DATE This Ordinance shall take effect immediately upon filing with the Secretary of State of Florida. PART F. ADOPTION. Underline is for addition Str:,k; Thrc',;gh is for deletion Ordinance ~98-006f Page 11 Final PRINT DATE: 07/21/98 ~K ll~ ~ OBLj 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 After motion and second the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. AYE Vice Chairman Paula A. Lewis AYE Commissioner Cliff Barnes AYE Commissioner Ken Sattler NAY Commissioner John D. Bruhn NAY PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 21st day of July, 1998. ATTES Deputy Clerk 42 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA dj Chairman .......... 5n~ ~"~ i~'e'Ts~o~' ~"~ d i t i o n ' Stri',;¢ Th;;'.-'..3h is for deletion Ordinance #98-006f Page 12 Final PRINT DATE: 07/21/98 ~k 11~4 P~E OBB~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 djm OR98-006E(A45) APPROVED AS TO FORM AND CORRE~'~ESS: Underline is for addition Str=,',;; Thr;.'.'gh is for deletion Ordinance #98-006f Page 13 Final PRINT DATE: 07/21/98 ST. JoAnne Holman, Clerk of the Circuit Court - -St. Lucie County , ~' File Number:1~S250-1.~ OR BOOK 1138 FAcE 0506 Recorded: 04-13-98 08:19 A.M. 03/24/98 LUCIE COUNTY, FLORIDA CABLE TELEVISION ORDINANCE TABLE OF CONTENTS Section 1-5.5-1 - 1-5.5-5 Section 1-5.5-6. Section 1-5.5-7. Section 1-5.5-8. Section 1-5.5-9. Section 1-5.5-10. Section 1-5.5-11. Section- 1-5.5-12. Section 1-5.5-13. Section 1-5.5-14. Section 1-5.5-15. Section 1-5.5-16. Section 1-5.5-17. Section 1-5.5-18. Section 1-5.5-19. Section 1-5.5-20. Section 1-5.5-21. Reserved .......................................... ~4 Short Title ................................................ ~4 Incorporation in Code ........................................ ~4 Intent and Purpose .......................................... 94 Grant of Authority; Applicability ................................ 95 Definitions ................................................ 56 Application for Grant, Renewal, Modification or Transfer of Franchises. .-1-214 Grant of Franchises; Evaluation .............................. -1-719 Renewals ............................................... -2021 Changes in Ownership. and/or Control .......................... -2022 Application(s) for Consent to Transfers of Comrol ................ -2-1-23 Consent Not a Waiver ...................................... ~325 Fee and Forfeiture ......................................... -2-325 Acceptance by Transferee ................................... ~-325 Franchise Characteristics Rights and Obligations .................. -2425 Conflict of Laws .......................................... -2527 Franchise Nonexclusive ..................................... -2628 Section 1-5.5-22 Section 1-5.5-23 Section 1-5.5-24 Section 1-5.5-25 Section 1-5.5-26 Section 1-5.5-27 Section 1-5.5-28, Section 1-5.5-29 Section 1-5.5-30. Section 1-5.5-31 Section 1-5.5-32 Section 1-5.5-33 Section 1-5.5-34 Section 1-5.5-35 Section 1-5.5-36 Section 1-5.5-37 Section 1-5.5-3 8, Section 1-5.5-39. Section 1-5.5-40. Section 1-5.5-41. Section 1-5.5-42. Section 1-5.5-43. OR BOO~ ii58 F'AGE 050~ Overlapping Applications ................................... -2628 Duration ................................................ -2-728 Use of Public Streets and Ways ............................... -2-729 Operation and Relocation, etc., of Franchisee's Property ............ -2830 Performance of Work by County Upon Failure of Franchisee to Do So ~-234 Annual Construction Report Required ......................... Joint Use of Poles ......................................... ~3_~4 Franchise Payments ........................................ ~33__~5 Reports and Records ....................................... ~353__27 Indemnification. · 5941 Insurance ............................................... 4042 Security Fund/Corporate Guarantee ........................... 4-1:43 Construction Bond .......................................... 44 System Design Provision; Minimum Facilities and Services .......... 4544 Service to Schools and Libraries ................................ 48 Government Channels and Facilities ............................. 48 Technical Standards; Construction Procedures ................... 4049 Construction Practices ..................................... 4951 Construction Permit Required ................................ 5052 Customer Service Requirements .............................. 5-1:53 Administration of Customer Service ........................... 6062 Subscriber Privacy ........................................ 6465 ii Section 1-5.5-44. Section 1-5.5-45. Section 1-5.5-46. Section 1-5.5-47. Section 1-5.548. Section 1-5.5-49. Section 1-5.5-50. Section 1-5.5-51. Section 1-5.5-52. Section 1-5.5-53. Section 1-5.5-54. Section 1-5.5-55. Section 1-5.5-56. Section 1-5.5-57. Section 1-5.5-58. Section 1-5.5-59. Section 1-5.5-60. Section 1-5.5-61. OR ~IOOK 1158 PAGE 0508 Discrimination Prohibited ................................... 64 6 County's Right of Revocation ................................ 6566 Procedures for Revocation or Suspension ....................... 6667 Appeal ................................................. 68 9 Requirements Upon Termination or Expiration ................... 6869 Continuity of Service Mandatory ............................. 6870 Rates and Charges. 6970 Performance Evaluation ....................................6971 Power of Board to Regulate ................................. ~/071 Enforcement by the County .................................. ~071 Rights Reserved to Franchisee ............................... ~r072 County Cable System Ownership Authorized .................... 3~072 Miscellaneous Provisions ................................... :'ri'2 Hearing Rules ............................................ ~hl-2 Procedure for Correction of Errors in Issuance of Franchises ........ ~/ff72 Theft of Services and Tampering .............................. ~/ff73 Force Majeure ........................................... Reservation of Rights ...................................... iii OR BOOK ]-~_38 PAGE 050.~ ST. LUCIE COUNTY, FLORIDA ORDINANCE NO. 98-09 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CABLE TELEVISION FRANCHISE ORDINANCE (ORDINANCE NO. 97-03) THEREBY AMENDING SECTION 1-5.5-09C TO DELETE THE PHRASE "OR ANY OTHER COMMUNICATIONS"; AMENDING SECTION 1.-5.5.10 TO PROVIDE FOR CHANGES IN THE DEFINITION OF "GROSS REVENUES'; AMENDING SECTION 1.5.5-11E TO ADD THE WORD "LICENSE" PROVIDING FOR CORRECTIONS OF VARIOUS SECTION REFERENCES AND SCRIVENERS ERRORS WITHIN THE ORDINANCE; AMENDING SECTION 1- 5.5-12D8 TO PROVIDE FOR CONSIDERATION OF ADDITIONAL MATTERS AS TO THE BOARD MAY REASONABLY DETERMINE TO BE RELEVANT; AMENDING SECTION 1-5.5-19A TO DELETE THE PROI-ffBITION AGAINST USE OF PUBLICLY OWNED CONDUITS; AMENDING SECTION 1-5.5-29E TO PROVIDE THAT CONSISTENT WITH APPLICABLE LAW, THE FRANCHISE FEE PAYMENT IS NOT A PAYMENT IN LIEU OF ANY OTHER TAX, FEE OR ASSESSMENT; AMENDING SECTION 1-5.5-30 TO PROVIDE THAT THE FRANCHISEE SHALL PROVIDE THE COUNTY CERTAIN RECORDS UPON REQUEST, TO PROVIDE FURTHER THAT THE FINANCIAL STATEMENT MAY BE SIGNED BY A DULY AUTHORIZED OFFICER OF THE FRANCHISEE AND THAT A SUMMARY BE PROVIDED COMPARING THE CURRENT YEAR WITH THE PREVIOUS FOUR YEARS, AND TO PROVIDE THAT THE FRANCHISEE SUBMIT A SUMMARY OF THE NUMBER OF OUTAGES AND NUMBER OF PLANNED OUTAGES BY DAY, TIME PERIOD AND DURATION; AMENDING SECTION 1-5.5-33 TO PROVIDE FOR A LETTER OF CREDIT AS AN ALTERNATIVE METHOD OF SECURITY; AMENDING SECTION 1-5.5-35B1 TO REQUIRE DELIVERY OF NOT LESS THAN 78 VIDEO CHANNELS AVAIl.ABLE FOR IMMF~D~TE USE; AMENDING SECTION 1- 5.5-35B5 TO PROVIDE THAT CONSISTENT WITH APPLICABLE LAW A FRANCHISEE SHALL MAKE AVAII.ABLE TO ITS SUBSCRIBERS EQUIPMENT CAPABLE OF DECODING CLOSED CIRCUIT CAPTIONING FOR THE HEARING IMPAIRED; AMENDING SECTION 1-5.5-37 TO PROVIDE THAT THE FRANCHISEE SHALL PROVIDE THE COUNTY WITH NO LESS THAN ONE CHANNEL TO BE USED FOR GOVERNMENT AND EDUCATION PROGRAMMING, TO OR BOOK 11~8 PAGE 0§10 PROVIDE FURTHER THAT THE FRANCHISEE SHALL ASSIST THE BOARD WITH PRODUCTION OF LIVE AND VIDEO TAPED MUNICIPAL PROGRAMS AND SHALL AS AN ALTERNATIVE TRAIN COUNTY PERSONNEL; AMENDING SECTION 1-5.50-37G TO PROVIDE THAT A FRANCHISEE SHALL PROVIDE THE COUNTY WITH AN EMERGENCY ALERT SYSTEM CONSISTENT WITH FCC RULES; AMENDING SECTION 1-5.5-38A TO PROVIDE THAT CONSISTENT WITH APPLICABLE LAW, ALL TELEVISION SIGNALS TRANSMITTED ON A CABLE SYSTEM SHALL INCLUDE ANY CLOSED CIRCUIT CAPTIONING INFORMATION FOR THE HEARING IMPAIRED; AMENDING SECTION 1-5.5-38E TO PROVIDE FOR REASONABLE ADVANCE NOTICE TO THE COUNTY ADMINISTRATOR WHEN A PROOF OF PERFORMANCE TEST IS SCHEDULED; AMENDING SECTION 1-5.5--41F TO PROVIDE THAT CERTAIN STANDARDS BE MET 90% OF THE TIME AND THAT ALL SERVICE INTERRUPTIONS BE CORRECTED WITHIN ONE WEEK OF A COMPLAINT; AMENDING SECTION !-5.541G TO CLARIFY CREDITS DUE FOR A MISSED APPOINTMENT DUE TO THE FAULT OF THE FRANCHISEE; AMENDING SECTION 1-5.5-41H TO DELETE THE PROVISION FOR NO CHARGE UPON VOLUNTARY DISCONNECTION IF THE SUBSCRIBER RETURNS THE EQUIPMENT WITHIN THREE BUSINESS DAYS AND TO PROVIDE FOR APPLICABLE CHARGES AND FOR REFUND OF ANY SECURITY DEPOSIT WITHIN SIXTY DAYS; AMENDING SECTION 1-5.541J TO PROVIDE THAT THE FRANCHISEE SHALL USE ITS BEST EFFORTS TO NOTIFY THE COUNTY ADMINISTRATOR IMMEDIATELY IF A SERVICE INTERRUPTION AFFECTS TWO HUNDRED OR MORE SUBSCRIBERS FOR A TIME PERIOD GREATER THAN FOUR HOURS; AMENDING SECTION 1-5.5-42B TO MODIFY THE SCHEDULE OR REFUNDS AND THE SCHEDULE OF FINES; AMENDING SECTION 1-5.5-44 TO PROVIDE THAT A FRANCHISEE MAY ALSO OFFER BULK DISCOUNTS PURSUANT TO APPLICABLE LAW; PROVIDING FOR CONFLICTS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. 2 OR BOOK i158 PAGE 05ii WHEREAS, pursuant to Article VIII of the 1968 Constitution of the State of Florida and Section 125.01 Florida Statutes, the Board of County Commissioners of St. Lueie County, Florida is authorized to regulate cable television franchising within the unincorporated area of St. Lueie County; and WHF~REAS, the Board of County Commissioners has determined it is in the public interest of the County to permit the operation of one or more cable television systems in the unincorporated area of the County; and WHEREAS, it is the Board's understanding and belief that one or more cable operators are occupying the public rights-of-way in the unincorporated area of the County for the purpose of operating cable systems without having obtained a cable television franchise from the County; and WHEREAS, pursuant to Section 621 of The Communications Act of 1934, as amended, (47 U.S.C. § 541) and Florida Statutes, a cable operator may not provide cable service without obtaining a franchise from the franchising authority; WHEREAS, it is the intent of the Board to exercise its authority as a local franchising authority to the fullest extent allowed by law; and WI-IF~REAS, the Board previously adopted Ordinance No. 97-03, the St. Lucie County Cable Television Franchise Ordinance, which the Board now desires to amend as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: PART A. AMENDMENT OF CHAPTER 1-5.5 (CABLE TELEVISION FRANCHISE ORDINANCE OF 1998). OR BOOK 1158 PAGE 0512 Chapter 1-5.5 of the St. Lucie County Code of Ordinances is hereby amended to read as follows: CABLE TELEVISION FRANCH[qE ORDINANCE ARTICLE I. IN GENERAl, Section 1-5.5-1 - 1-5.5-5 Reserved. Section 1-5.5-6. Short Title. This Ordinance shall be known and may be cited as the St. Lucie County Cable Television Franchise Ordinance. Section 1-5.5-7. Incorporation in Code. The provisions of this Ordinance shah be incorporated in the County Code and the word "Ordinance" may be changed to "Section", "Article", or other appropriate word, and the Sections of this Ordinance may be renumbered or relettered to accomplish such intentions. Section 1-5.5-8. Intent and Purpose. A. It is the intent of the County and the purpose of this Ordinance to promote the public health, safety, and general welfare by providing for the grant of one or more franchises for the construction and operation ora cable system within the unincorporated area of the County; to provide for the regulation, to the extent provided for by law, of each cable system within the County in the public interest; to provide for the payment of fees and other valuable consideration by a Franchisee to the County for the use of Streets by its cable system; to promote the widespread availability of quality cable service and programming to County residents and businesses, the County, and other public institutions; to encourage the development of cable and other communications technologies and cable systems as a means of communication between and among members of the public, County OR BOOK ii38 PAGE 05i3 businesses, the County, and other public institutions; to promote competitive cable rates and services; to promote the safe and efficient use of County Streets; to enhance and maximize the communicative potential of Streets used by cable systems; and to encourage the provision of a diversity of information sources and services to County residents, businesses, the community, the County and other public institutions by cable technology. B. Recognizing the continuing development of communications technology and uses, it is the policy of the County to encourage competition, experimentation and innovation in the development of cable system uses, services, programming and techniques that will be of general benefit to the community to the extent all such experiments and innovations are consistent with applicable laws. Section 1-5.5-9. A. public health, Grant of Authorityl Applicability_. This chapter is enacted under the home rule power of the County to promote the safety and general welfare by providing regulations for the installation, use and operation of cable television systems in the County. This chapter shall apply to and be enforced within the unincorporated areas of the County. However, should any area within the unincorporated area become annexed or otherwise part of an incorporated municipality, this chapter shall cease to have any effect immediately upon receipt of written notice by the Board of County Commissioners that said municipality is exercising its regulatory authority over cable television. B. The County may grant one or more Franchises in accordance with this Ordinance. C. No person may construct or operate a cable system or aiiy o~hcr coniiiiunicafion~ transmission facilities over, on, or under public streets in the unincorporated areas of the County without a Franchise granted by the County unless otherwise authorized by law, and no person may . OR BOOK 1138 PAGE 0514 be granted a Franchise without having entered into a Franchise agreement with the County pursuant to this Ordinance. D. Unless otherwise authorized by applicable law, any Franchise granted pursuant to this Ordinance is solely for the provision of cable service and shall not be construed to authorize the provision of telephone, non-cable video or other telecommunications service. Subject to applicable law, a Franchisee shall submit an application to the County for the privilege of providing other telecommunications services including, but not limited to, telephone service, and/or non cable video service prior to initiating the offering of such services. Failure to do so shall be considered a material violation of this Ordinance. E. A Franchise granted pursuant to this Ordinance does not authorize installation or operation of a cable television or cable communication services within any municipality. Section 1-5.5-10. Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning set forth herein. When not consistent 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 mandatory and "may" is permissive. Words not otherwise defined herein or in any Franchise agreement that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq., and as that Act may hereinafter be amended, and, if not defined therein, their common and ordinary meaning. A. "Activated Channel" means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, OR BOOK ii58 PAGE o5i5 regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use. Channels on which signals flow in the direction from the headend to the subscriber are referred to as "downstream channels". Where the signal flows to the headend for redistribution, it shall be referred to as an "upstream channel". B. "Access channel" means any channel on a cable system set aside without charge by the Franchisee for public, educational and/or local governmental use. C. "Affiliate" means any person who owns (which shall be construed to mean 10% ownership or greater or as defined by FCC rules and regulations) or controls, is owned or controlled by or is under common ownership or contract with a Franchisee. D. "Applicant" means any person submitting an application within the meaning of this Ordinance. E. "Application" means any proposal, submission or request to (1) construct and operate a cable system within the Coumy; (2) transfer a Franchise or control of the Franchise; (3) renew a Franchise; (4) modify a Franchise; or (5) seek any other relief from the County pursuant to this Ordinance, a Franchise agreement, the Communications Act, or other applicable law. An application includes an applicant's initial proposal, submission or request, as well as any and all subsequent amendments or supplements to the proposal and relevant correspondence. F. "Basic Cable Service" or "Basic Service" means any service tier which includes the retransmission of local television broadcast signals, and public, education, or governmental access. G. "Board" means the Board of County Commissioners of St. Lucie County. 7 OR BOOK 1138 PAGE 0516 H. "Cable Service" means (I) the one-way transmission to subscribers of video or other programming service; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming services. I. "Cable Communications System" or "System", also referred to as "Cable Television System", "Cable System", "CATV System" or "Community Antenna TV System", shall mean a facility, consisting of a set of dosed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within the County, but such terms do not include: (i) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) A facility that serves only subscribers without using any public right-of-way; (iii) A facility of a common carder which is subject, in whole or in part, to the provisions of Tire II of the Communications Act, except that such facility will be considered a cable system to the extent it is used in the transmission of video programming to subscribers unless the extent of such use is solely to provide interactive on demand services; (iv) An open video system that complies with Sec. 653 of the Telecommunications Act of 1996; (v) Any facilities of any electric utility used solely for operating its electric utility systems. Subject to applicable law, the foregoing definition of "cable system" shall not be , , OR BOOK 1158 PAGE 0517 deemed to circumscribe the valid authority of the County to regulate the activities of any other communications system or provider of communications services including but not limited to telephony and open video systems. J. "Communications Act" means the Communications Act of 1934, 47 U.S.C. 151 et seq,, as that Act has and may hereinafter be amended. K. "Control of a Franchisee, or Applicant" means possession of the ability to direct or cause the direction of the management or policies ora Franchisee, or Applicant, or the operation ora Franchisee's system, whether through actual operational control in whatever manner exercising ownership of voting securities, by contract or understanding, or in any other manner. L. "County" means St. Lucie County, Florida. M. "Easement Dedicated for Compatible Use" means (1) an easement open for the use ora cable operator pursuant to the Communications Act and (2) easements and dedications provided for cable television facilities pursuant to Chapter 177 Florida Statutes and of this Ordinance. N. "Fair Market Value" means the price that a willing buyer would pay to a willing seller for a going concern but with no value allocated to the Franchise itself. O. "FCC" means the Federal Communications Commission and any duly established successor. P. "Franchise" means the right expressly granted by the County to a Franchisee in a Franchise agreement to construct, maintain and operate a cable system under, on and over Streets, roads and any other public ways, rights-of-ways or easements within all or specified areas of the County. The term does not include any franchise, permit, license or other authorization that may be required by this Ordinance or other laws, ordinances or regulations of the County for the privilege OR BOOK ii38 PAGE o5i8 of transacting and carrying on a business within the County or for disturbing or carrying out any work on any Street. Q. "Franchise Agreement" means a contract entered into in accordance with the provisions of this Ordinance between the County and a Franchisee that sets forth the terms and conditions under which the Franchise will be exercised. R. "Franchisee" means any person granted a Franchise pursuant to this Ordinance who has entered into a Franchise agreement with the County. S. "Franchise Fee" means the fee paid by the Franchisee to the County in consideration of the use of public streets and rights-of-way. T. "Franchise Territory" or "Franchise Area" means that specific geographical area in which the Franchisee is authorized to provide cable communications services. U. "Gross Revenues" means all revenues recognized u,~y ua ~a,u,,~y by the Franchisee fi.om any source whatsoever to the extent that such revenues are derived from the operation of the cable system to provide cable services in the County. Gross revenues includes, but is not limited to, fees charged subscribers for basic service; fees charged subscribers for any optional, premium, per-channel or per-program services; fees charged subscribers for any tier of service other than basic service; installation, disconnection, reconnection and change-in-service fees; leased access fees; fees, payments ,,~ ~,.,,~, ,~,.,,,~,~,~, ,,. ,o, from programmers for carriage of programming on the system (exclusive of marketing and promotion support); revenue fi.om remote converter, modem or other equipment rentals or sales; revenues fi.om studio and studio equipment rental; revenues fi.om transmission of data where such service is deemed a cable service pursuant to applicable law' revenues from on-line services and access thereto; advertising revenues allocable to the 10 OR BOOK 1138 PAGE 0519 unincorporated areas of the County based on a percentage of subscriber base in the County divided by the Subscriber base of the system. Such percentage will then be multiplied by the Cable systems' total advertising revenue to determine the allocable gross revenue stemming from advertising revenues from home shopping channels provided that where certain home shopping channel revenue is allocable to more than one Franchise area due to common zip codes, the Franchise will allocate the percentage of revenue to the County which is equivalent to the percentage of the County's population divided by the total population for the allocable Franchise areas in question. Gross revenues shall be the basis for computing the Franchise fee imposed pursuant to Section 1-5.5-30 hereof. Gross revenues shall not include any taxes on services furnished by the Franchisee which are imposed upon any subscriber or user by the state or County or other governmental unit and collected by the Franchisee on behalf of said governmental unit and which the Franchisee passes on in full to the appli fity -.- ....... ,--'- - cable tax autho or authorities, llowevar, L,,~ ..,~,.,~,.~ faa _t_,, ....t_ :___, _~_ ~ ___..~,_:__ .,_ _ u~ma,gu,z uz ~i-u$$ £eveii~ia$ mu~aa/did .... :' ---"--'-'- ' .... ] ....... "--] by ~---' ........... '-'-' %J. gt~lalUll tY~)~ ~1~ %.,OlJ. l t UI t.~Olll~JGgGllg j tJl laL<.,[IOll ~J.U ~t ~, gilt %..~o{~llg.~ go au AA V..~. "Institutional Network" means a voice, data and/or video communications system constructed, operated and/or maintained by the Franchisee for the County, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than cable subscribers generally. BB.W. "Interconnection" means the electronic connection of two or more cable systems for the purpose of sharing Access channel programming. 11 OR BOOK ii58 PAGE 0520 CC X. "Law" means all duly enacted and applicable federal, state and county laws, ordinances, codes, rules, regulations and orders. DD Y_.~. "Leased Access Channel" or "Leased Channel" means a channel designated in accordance with Section 612 of the Cable Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with the Franchisee. EF_~_. "Overbuild" means a cable system constructed to serve subscribers in an area of the County served by an existing cable system. Fl*AA. "Person" means an individual, partnership, association, joint stock company, trust, corporation or governmental entity, or any lawful successor, transferee or assignee of said individual, partnership, association, joint stock company, trust corporation or government entity or personal representative thereof or other legal entity, but shall not mean the County unless otherwise required by applicable law. GGBB. "Programmer" means a person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital, or other signals, either live or from recorded tapes or other storage media, to by means of the Cable Communications System. IDICC. "Public Ways" is an abbreviated term intended to encompass all public rights-of- way of'any description whatsoever in the unincorporated area subject to the control of the County. ]:[DD. "Section" means Section, Subsection, or provision of this Ordinance. ~EE. "Service Area" means that portion of the County, as set forth in the Franchise Agreement, within which the Franchisee has the obligation to install, operate and maintain a cable system. i2 OR BOOK 1:L38 PAGE 0521 KKFF. "State of the Art" shall mean that technology or those services made available on an operational, non-experimental basis to subscribers in any community in the State of Florida by a Franchisee by any system controlled by a parent, affiliate or subsidiary of Franchisee within State of Florida. I J~GG. "Street" or "Streets" means the surface, the ak space above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for compatible uses, or any other property in which the County holds any kind of property interest or over which the Count. y exercises any type of lawful control, and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to construct and operate a cable system. l'v~,~I-I. "Subscriber" means any person who lawfully receives cable service delivered over the cable system with the Franchisee's express permission. NNII__:. "Subscriber base" means the total number of residential and commercial subscribers within the County. OOJJ. "System Malfunction" means any cable system equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more subscribers. A malfunction is major if it affects ten (10) or more subscribers. PP.KK "Transfer of a Franchise" means any transaction in which (1) an ownership or other interest in a Franchisee or its cable system is transferred from one person or group of persons to another person or group of persons so that control of a Franchisee is transferred; or (2) the rights 13 OR BOOK ii38 PAGE 0522 and/or obligations held by a Franchisee under a Franchise agreement are transferred or assigned to another person, group of'persons or business entity. t~LL. "Two-way Capability" means the incorporation into a cable system of all appropriate design and engineering characteristics and features so that two-way transmission, including but not limited to address ability, over the system can be implemented and activated. tla*dMM. "Video channel" or "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, including the associated audio signal, as television channel is defined by the FCC by regulation or otherwise. Section 1-5.5-11. Application for Grant~ Renewal~ Modification or Transfer of Franchi.~es. A. A written application shall be filed with the Board for (a) grant of a new Franchise; (b) renewal of a Franchise in accordance with Section 626 of the Communications Act, 47 U.S.C. 546; © modification of a Franchise agreement; (d) a transfer of a Franchise; or (e) any other relief from the County pursuant to this Ordinance or a Franchise agreement. B. To be acceptable for filing, a signed original of the application shall be submitted together with seven (7) copies, be accompanied by the required non-refundable application filing fee as set forth in subsection (I) hereof, conform to any applicable request for proposals, and contain all reasonably required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. C. All applications accepted for filing shall be made available by the County for public inspection. i4 OR BOOK ii38 PAGE 0523 D. An application for the grant of a new Franchise may be filed pursuant to a request for proposals issued by the County or on an unsolicited basis. The County, upon receipt of an unsolicited application, may issue a request for proposals. If the County elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the County that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the reasonable requirements of a request for proposals may be considered nonresponsive and denied on that basis. E. An application for the grant of an initial Franchise shall contain, at minimum, the following information: 1. Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of all persons with five percent (5%) or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors ofthe applicant; and any other cable system ownership or other communication ownership interest of each named person; 2. An indication of whether the applicant, or any person controlling the applicant, or any officer, or director or person with five percent (5%) or more ownership interest in the applicant, has been adjudged bankrupt, had a cable Franchise or Franchise revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances; i5 OR BOOK 1138 PAGE 0524 3. A demonstration of the applicant's technical, legal and financial ability to construct and/or operate the proposed cable system, including identification of key personnel; 4. A statement prepared by a certified public accountant or duly authorized financial officer of the applicant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed; 5. A description of the applicant's prior experience in cable system ownership, construction and operation, and identification of communities in which the applicant or any person controlling the applicant or having more than a ten percent (10%) ownership interest in applicant has, or has had, a cable Franet'dse-~ Franchise or License or any interest therein; 6. Identification of the area of the County to be served by the proposed cable system, including a description of the service area's boundaries; 7. A description of the physical facilities proposed, including channel capacity, performance characteristics, headend, and access facilities; upon request, the applicant shall make information on technical design available for inspection; 8. Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities; 9. For informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed program services to be delivered over the cable system; 16 P4GE 0525 10. A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the County; 11. Pro forma financial projections for the first five (5) years of the Franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules; 12. If an applicant proposes to provide cable service to an area already served by an existing cable Franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the Streets to accommodate an additional system; 13. Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this Ordinance and information that the Board may request of the applicant that is relevant to the Board's consideration of the application; and 14. An affidavit or declaration of the applicant or an authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal and state law requirements. Fo An application for modification of a Franchise agreement shall include, at minimum, the following information: 1. The specific modification requested; 17 OR BOOK ii38 PAGE 0526 2. The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved; 3. A statement whether the modification is sought pursuant to Section 625 of the Communications Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545. 4. Any other reasonable information necessary for the Board to make an informed determination on the application for modification; and 5. An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certif~fing that the application is consistent with all federal and state law requirements. G. An application for renewal of a Franchise shall comply with the requirements of Section 1-5.5-14~-1-6 and 5-15 hereof. H. An application for approval of a transfer of a Franchise shall comply with the requirements of Section 1.5-5,16 hereof. I. To be acceptable for filing, an application shall be accompanied by a nonrefundable filing fee in the following amount, as appropriate: 1) 2) 3) For a new or initial Franchise: For renewal of a Franchise: For a transfer of a Franchise (other than a pro forma transfer): 4) For a pro forma transfer of a Franchise: $7,500 $5,OOO $2,500 $1,000 i8 5) OR BOOK ii38 PAGE 0527 6) For modification of a Franchise agreement pursuant to 47 U.S.C. § 545: For any other relief: $2,500 $1,000 The purpose of the filing fee is to defray the County's cost in processing an application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622(g) (2) (D) of the Communications Act, 47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise agreement. Section 1-5.5-12. Grant of Franchises; Evaluation. A. The Board may grant a Franchise for a period not to exceed fffieen (15) years to serve all or a specified area of the County. B. The Board may grant a Franchise for all or any defined portion of the County. The Service Area in the Franchise Territory may be either a part of or the entire Franchise Territory as defined in the Franchise Agreement. C. The Board may make the grant of a Franchise conditioned upon the completion of construction within a reasonably prescribed time or upon the performance of other specific obligations which are to be set forth in the Franchise agreement, specifying that failure to comply with the condition will cause the Franchise to become null and void without further action by the Board. D. In evaluating an application for a Franchise, the Board may consider, among other things, the following factors: The economic impact upon private property within the franchise area; Public need for such franchise, if any; The capacity of public fights of way to accommodate the cable system; 19 system; OR BOOK ii38 PAGE 0528 The present and future use of the public's rights of way to be used by the cable 5. The potential disruption to existing users of the public's rights of way to be used by the cable system and the resulting inconvenience which may occur to the public The legal, technical and financial ability of the franchise applicant to perform; Other societal interests as are generally considered in cable television 7. franchising; and 8. Such other additional matters, both procedural and substantive, as the Board may .1 ,L, ~ ~,,,,~,,, reasonably determine to be relevant, including but not limited to the extent to which the proposal of the applicant will meet the anticipated cable related needs and interests of the community and serve the public interest. Evaluation by the County shall not be based on the content of the programming the applicant proposes to provide. E. The Board shall hold a public hearing to consider an application or applications. The applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public heating, any recommendations of the County Administrator or stafl~ and any other information relevant to the application(s), the Board shall decide by Resolution whether to grant or deny a Franchise application(s) and decide the terms and conditions of any Franchise(s) granted. F. If the Board grants a franchise, the franchise shall file an acceptance of the Franchise accompanied by any and all bonds, certificate of insurance or other obligations as required in a Franchise Agreement within forty-five (45) calendar days from the date of the County resolution making the grant. This period may be extended for good cause by the Board. If the acceptance is 20 OR BOOK ii58 PAGE 0529 not ~led with the Cmmty wi~l~ Eob-five (45) calend~z days from the date oEthe County resolution making the grant, or if the period is not extended by the Board, the Franchise grant will be null and void without further action by the Board. In this case of a renewal, the Board may, at its option, grant Franchisee a short term extension(s) until a Franchise agreement is reached. The grant of such a short term extension(s) will not confer on Franchisee the fight to an automatic acceptance, transfer, modification or renewal. G. Following at least ten (10) days prior notice to the applicant and the public, the Board Commission shall hold a public hearing at which time it will receive comment on the proposed Franchise agreement. After complying with the above requirements, the Board shall approve or disapprove Franchise agreement by resolution, or may direct that it be subject to further the proposed negotiation. I. The Board may, in its sole discretion, waive any or all of the above application requirements for cable operators providing service within the County prior to January 1, 1997, provided that such operators (a) agree to comply with all provisions of this Ordinance and (b) enter into a Franchise Agreement with the County no later than one hundred twenty (120) days from the effective date of this Ordinance. Section 1-5.5-13. Renewals. A. Franchise renewal proceedings should be conducted in accordance with applicable Federal law, including but not limited to, Section 626 of the Cable Act, 47 U.S.C. 546 and applicable state law. To the extent such additional requirements of this Ordinance or rules and regulations hereat~er adopted by the Board are consistent with applicable law, such requirements shall apply. 2i OR BOOK 1138 PAGE 0530 B. If renewal of a Franchise is lawfully denied, the Board may acquire ownership of the cable system or effect a transfer of ownership of the system to another person upon approval of the County Commission. Any such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the Franchise itself. C. If renewal ora Franchise is lawfully denied and the Board does not purchase the cable system or approve or effect a transfer of the cable system to another person, the Board may require the former Franchisee to remove its facilities and equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a reasonable period of time, but in no event not to exceed one hundred eighty (180) days, the Board may have the removal done at the former Franchisee's and/or surety's expense. Section 1-5.5-14. Chan~es in Ownership and/or Control- A. The restrictions, requirements and procedures contained in this Ordinance apply if the transaction proposed is an assignment of Franchisee's Franchise to a separate legal entity. The terms "Assignor" and "Assignee" respectively should be used in lieu of"Transferor" and "Transferee" as used herein, if the transaction proposed is an assignment of the Franchise. B. Any Franchise granted hereunder shall be a privilege to be held by the Franchisee for the benefit of the public. Said Franchise cannot under any circumstances be assigned, or control thereof transferred by any means whatsoever including, but not limited to, voluntary or involuntary sale, consolidation, foreclosure, receivership, or other means without the prior written consent of the Board. 22 OR BOOK ii38 RAGE 053i C. The word "control" as used herein shall mean the acquisition or transfer by any person or group of persons often percent 00%) or more of the voting shares of Franchisee. Section 1-5.5-15. Aonlication(s) for Consent to Transfers of Control, A. Whenever the holder of a Franchise desires to effect a transfer of control or ownership of the Franchise to another legal entity, the Transferor andthe proposed Transferee shall jointly apply to the Board for Consent to transfer control or assignment of Franchise. Such applications must be signed; ifa corporation, by an officer authorized to sign for the purpose; ifa partnership, by a general panner; ifa proprietorship or joint venture, by a responsible principal. Applications shall be filed in the office of the County Administrator of St. Lucie County. B. An application for a transfer ora Franchise shall meet the requirements of Section 1- 5.5-11 hereof, and provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. Except in the case of a pro forma transfer, the application shall provide, at a minimum, the information required in subsections 1-5.5-11(E) (1)- (E)(5), and (E)(14) with respect to the proposed transferee. The information required in Section 1- 5.5-11 (E)(6)-8(E) (13) shall also be provided whenever the proposed transferee expects material changes to occur in those areas. All information required hereunder represents information expressly required as part of the applicant's requests for approval or transfer. C. An application for approval ora pro forma transfer of a Franchise shall be considered granted on the sixty-first (61st) calendar day following the filing of such application with the County unless, prior to that date, the Board notifies the Franchisee to the contrary. An application for approval of a pro forma transfer of a Franchise shall clearly identify the application as such, describe 23 '~ ' OR BOOK ii38 PAGE 0532 the proposed transaction, and explain why the applicant believes the transfer is pro forma. Unless otherwise requested by the Board within thirty (30) calendar days of the filing of an application for a pro forma transfer, the applicant shall be required only to provide the information required in Subsections 1-5.5-1 I(E)(1), (3) and (14) with respect to the proposed transferee. D. In making a determination on whether to grant an application for a transfer of a Franchise, the Board shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent cable operator is in compliance with its Franchise agreement and this Ordinance and, if not, the proposed transferee's commitment to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to the public interest. E. No application for a transfer of a Franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise agreement, and that it will assume the obligations of the previous Franchisee under this Ordinance and the Franchise agreement whether known or unknown. F. The applications will be referred to the County Administrator or the Administrator's designee for processing, evaluation, and a report containing recommendations will be submitted to the Board. No Application(s) for Consent shall be granted until after public hearing. G. A public hearing will be conducted no later than one hundred and twenty (120) days from the date the complete Application(s) for Consent is received by the County Administrator. The Board shall publish notice of receipt of the Application ten (10) days prior to the public hearing. H. The Board shall reach a determination whether to grant or deny the application no later than one hundred and twenty (120) days alter receipt of the completed application. 24 "' " OR BOOK 1138 PAGE 0533 Section 1-5.5-16. Consent Not a Waiver. The consent of the County to any transfer of control, ownership or assignment of a Franchise shall not constitute a waiver or release of any of the fights of the County under this Ordinance or the Franchise Agreement, whether arising before or after the date of the transfer, which it has at law. Any consent by the County shall be construed to subject the new Franchisee to all of the terms and conditions of the original Franchisee. Section 1-5.5-17. Fee and Forfeiture. No application for Consent to assignment or transfer of control of a Franchise will be granted until all fees and forfeitures due the County hereunder have been paid, and all lawful claims which the County may have against the Transferor have been settled. Section 1-5.5-18. Acceptance by Transferee. No assignment or transfer of control shall be effective until the new Franchisee has become a signatory to the Franchise Agreement. Section 1-5.5-19. Franchise Characteristics Rights and Obligations. A. A franchise authorizes use of County Streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable system within the unincorporated areas of the County, but does not expressly or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Communications Act, 47 U.S.C. § 541(a)(2)), or to use pubtielym- privately owned conduits without a separate agreement with the owners. 25 OR BOOK ii38 PAGE 0534 B. A franchise is nonexclusive, and will not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the County, or affect the County's right to authorize use of County Streets to other persons to operate cable systems or for other purposes as it determines appropriate. C. The County reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Streets. D. A franchise shall be a privilege which is in the public trust. No transfer of a franchise shall occur without the prior consent of the County and unless application is made by the Franchisee and County approval obtained pursuant to this Ordinance. E. A franchise granted to an applicant pursuant to an application submitted pursuant to this Ordinance to construct, operate and maintain a cable television system within a specified Franchise Territory, shall be deemed to constitute both a right and an obligation on the part of the Franchisee to provide the services and facilities of a cable television system as required by the provisions of this Ordinance and the Franchise. All relevant representations made by the Franchisee in its application and/or public heatings before the Board of County Commissioners shall be deemed to be material and made for the purpose of inducing the County to grant the Franchise in the form accepted. F. Notwithstanding anything to the contrary, and unless enforcement of this provision is prohibited by applicable law, in the event that an applicant granted a cable television franchise, its parent, affiliate or subsidiary elects to offer to subscribers video programming services or telecommunications services through any means or method not included within the definition of a 9_t5 OR BOOK ii38 PAGE 0535 cable system, including but not limited to an "open video system", Franchisee shall remain subject to all terms and conditions of the cable television Franchise granted by the County. Section 1-5.5-20. Conflict of Laws. A. It is intended that any Franchise granted pursuant to this Ordinance shall be consistent with applicable State, Federal and local law. In the event the provisions of this Ordinance conflict with any applicable State or Federal law, including but not limited to, the lawful rules and regulations of the FCC and/or other State or Federal agencies having jurisdiction, the statutory requirements and lawful rules and regulations shall be controlling. B. All local laws and Ordinances applicable within St. Lucie County in conflict with the Provisions of this Ordinance, are hereby repealed to the extent of such conflict. Any Franchise granted hereunder is hereby made subject to the general Ordinance provisions of St. Lucie County now in effect or hereafter made effective. C. The provisions of this Ordinance shall apply to a Franchise agreement as if fully set forth in the Franchise agreement, and the express terms of this Ordinance will prevail over conflicting or inconsistent provisions in a Franchise agreement unless such Franchise agreement expresses an explicit intent to waive a requirement of this Ordinance. D. Subject to applicable law, except as may be specifically provided in this Ordinance or under the terms of a Franchise agreement and subject to the Cable Act, the failure of the County, upon one or more occasions, to exercise a right or to require compliance or performance under this Ordinance or a Franchise agreement shall not be deemed to constitute a waiver of such right or a forfeiture of a fight to compel compliance or performance. 9_7 ,,, ', ,', '. OR BOOK 11,38 PAGE 05,36 County. Section 1-5.5-21. Franchise Nonexclusive. A. Any Franchise granted shall be nonexclusive. The Board reserves the fight to grant, at any time, and consistent with this Ordinance, such additional Franchises for cable television systems, as it finds may promote the public convenience, safety, and general welfare of the residents of St. Lucie County. All such Franchises shall be granted consistent with applicable law. (B) To the extent required by law, the County shall not grant a cable franchise on terms more favorable and less burdensome than those terms to which existing franchises are subject. Section 1-5.5-22. Overla~t)in~ At~plieations. In the event a Franchise Application is filed proposing a Service Territory which overlaps in whole or in part an existing service area, a copy thereof shall be served by the applicant by registered mail upon the current licensed Franchisee. Proof that a copy of the Franchise Application has been served upon the current Franchisee shall be provided to the Board. No application for overlapping Territory shall be processed until proof of service has been furnished to the Board, and no such application shall be granted without full public heating on the request. Section 1-5.5-23. Duration. Subject to the conditions specified herein, the terms of any Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall be subject to negotiation and specified in the Franchise Agreement unless terminated sooner as hereinafter provided. However, no such Franchise shall be granted for a term longer than fitteen (15) years. The effective date of the Franchise shall be the date of the execution of the Franchise Agreement by the Board following acceptance by the Franchisee shall at all times be subject to all lawful exercise of the police power of the 28 Franchisee. Any Franchisee desiring a renewal shall submit a proposal as specified in I-5.5-141-5.5- .13. Section 1-5.5-24. Use of Public Streets and Ways, A. The Board shall authorize the Franchisee, subject to the provisions of this Ordinance and any Franchise Agreement, to erect, install, construct, reconstruct, and maintain, on, over, under, upon, across, and along the public meets and ways within a specified areas of the Franchise Territory such wires, cables, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, appliances, attachments, poles, towers and other property and equipment as are necessary and appropriate to the operation of the cable television system; provided however, that prior to the exercise of any such rights the Franchisee shall in each case file an application for a construction permit with the County Administrator or such County agency as designated in such form and including such data and drawings as the Board shall specify, and Franchisee may not proceed with the work described in the application before Franchisee has received written approval and a formal construction permit has been issued. The County Administrator or his designee shall make a determination whether to grant or deny the franchisee's request for the permit no later than thirty (30) days fi.om receipt of a completed application and all information in connection therewith requested by the County Administrator or his designee. B. All work shall be in accordance with Florida Statutes and the St. Lucie County Code of Laws and Ordinances. C. Neither this Ordinance nor any Franchise granted hereunder shall expressly or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except OR BOOK ii38 PAGE 0538 for use of compatible easements pursuant to S e~ion 62! of the Cable Act, 47 O.S.C.§ 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the o~lers. D. All privileges prescribed by a Franchise shall be subordinate to any prior lawful occupancy of the Streets, and the County reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Streets. Section 1-5.5-25. Operation and Relocation~ etc. of Franchi.~ee's Property. A. The Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the Franchisee when required by the Board, by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the Franchise shall in all such cases have the privileges and be subject to the obligations to abandon any property of the Franchisee in place. Franchisee shall be entitled to reimbursement of expenses to the extent and on the same terms and conditions as any utility. B. Franchisee shall, at its own expense and in a manner approved by the County, promptly restore or repair to previous or better condition any damage or disturbance caused to the public way as a result of Franchisee's operations or construction on its behalf. C. Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a Franchisee shall be done under the supervision and direction of the Board under permits issued for work by the proper officials of the County, and shall be done in such manner as to give the least inconvenience to the inhabitants of the County and shall be done in the manner least disruptive 3O OR BOOK ]138 PAGE 0539 to the affected property. A Franchisee shall, at its own cost and expense, and in a manner approved by the Board, replace and restore any such pavements, sidewalks, curbing or other paved areas to as good a condition as before the work involving such disturbance was done, and shall also prepare, maintain and provide to the County Engineer full and complete plans, maps and records showing the exact locations of its facilities located within the public Streets, ways, and easements of the County. These maps shall be available in any form requested by the County Engineer. D. Except to the extent required by law, a Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the Board by reason of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of Street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the Franchisee shall, in all such cases, have the privilege of abandoning any property in place. E. A Franchisee shall, on the request of any person holding a building moving permit issued by the County, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the County, in which case no less than five calendar (5) days advance notice to arrange for such temporary wire changes. F. A Franchisee shall upon notice to the County of not less than seven (7) days, have the authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the 31 OR BOOK i158 PAGE 0560 Franchisee, except that, at the option of the County, such trimming may be done by it or under its supervision and direction at the expense of the Franchisee. G. A Franchisee shall use, with the owner's permission, existing underground conduits (if applicable) or overhead utility facilities whenever feasible. Upon request of the County, copies of agreements between a Franchisee and third party for use of conduits or other facilities shall be filed with the County provided that the Franchisee shall have the right to redact proprietary and confidential information in such agreements as it pertains to financial arrangements between the parties. H. All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The County may issue such roles and regulations concerning the installation and maintenance of a cable system installed in, on, or over the Streets, as may be consistent with this Ordinance and the Franchise agreement. I. All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the County or their use of any Street or any other public right of way. J. A Franchisee shall, at all times: 1. Install and maintain its wires, cables, fixtures and other equipmem in accordance with the requirements of the County's Building Code and Electrical Safety Ordinances " ' OR BOOK ii58 PAGE 054i and any other applicable Building or Electrical Safety Code, and in such manner that they will not interfere with any installations of the County. 2. Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment and connections in, over, under, and upon the Streets, sidewalks, alleys and public ways or places of the County, wherever situated or located. K. On Streets where electrical or telephone utility wiring is located underground, either at the time of initial construction of a cable system or at any time thereafter, a Franchisee's cable shall also be located underground at the Franchisee's expense, except that a Franchisee shall be reimbursed for expense to the same extent as are utilities. Between a Street and a subscriber's residence, a Franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. The County shall encourage, to the extent feasible, that the public utility and the Franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches would be shared equally by all users of such trenches. L. In the event the use of any part of a cable system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any Street without complying with the requirements of this Ordinance or a Franchise agreement, or the Franchise has been terminated, canceled or expired, the Franchisee, within thirty (30) days a- compliance or shall commence removal from the Streets of all such property as the Board may require. OR BOOK 1158 PAGE M. The Board may extend the time for the removal of Franchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be deemed abandoned. N. In the event of such removal or abandonment, the Franchisee shall restore the area to as good a condition as prior to such removal or abandonment Section 1-5.5-26. Performance of Work by County Upon Failure of Franchisee to Do So. Upon failure of the Franchisee to commence, pursue or complete any work required by law or by the provisions of this Ordinance or by its Franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Board, the Board may, at its option, cause such work to be done and the Franchisee shall pay to the County the cost thereof in the itemized amounts reported by the Board to the licensee within thirty (30) days after receipt of such itemized report. Section 1-5.5-27. Annual Construction Report Required. The Franchisee shall file annually during the term of its Franchise, on or before the anniversary date of the issuance of its Franchise, an annual Franchisee's construction report, which shall certify all completed construction. This report shall be in a format acceptable to the Board. Section 1-5.5-28. Joint Use of Poles. A. In order to minimize the setting of poles, any Franchisee shall seek to conclude joint use agreements with utilities and other owners of pole lines on the public rights-of way so as to utilize existing poles, conduits and other facilities whenever possible. However, no location of any pole, OR BOOK ]138 PAGE 0543 conduit, or wiring holding structure of the Franchisee shall be a vested interest. Joint use of poles shall be in accordance with Florida Statutes and the St. Lucie County Code of Laws and Ordinances and applicable federal law. B. The Franchisee shall not install its own utility pole without the prior written approval of the Board or its designee. C. The County shall be permitted to make use of the poles or other wire holding structures or other conduits of the Franchisee for any use that is not competitive with Franchisee without charge or remuneration to the structures of the Franchisee if such use would not unduly hamper or interfere with the Franchisee's use thereof, provided that Franchisee has adequate space available without removing any attachment made prior to receipt of the request from the County. Section 1-5.5-29. Franchise Payments. A. Franchisee, or any person operating a cable system pending issuance of a franchise by the County, as compensation for the privilege of the use of the County's streets to construct and/or operate a cable system, shall pay to the County a franchise fee in an amount up to a maximum of either (1) five percent (5%) of the Franchisee's gross revenues derived directly or indirectly from the operation of its cable system within the County during the term of its franchise; or (2) in the event the Communications Act or other applicable law is amended to permit the County to assess a franchise fee of a greater amount than that specified in (1) above, the Franchisee agrees to immediately enter good faith negotiations with respect to increasing the amount of the fee payment. B. A Franchisee shall pay the franchise fee due to the County on a quarterly basis. Payment for each quarter shall be made to the County not later than thirty (30) calendar days at~er 35 OR OOK iise P GE 0544 the end of each calendar quarter, provided however, that payment for the fourth quarter (October, November and December) shall not be due until seventy-five (75) days alter the end of the quarter. C. A Franchisee shall file with the County, on a quarterly basis with the payment of the franchise fee, a financial statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding quarter and a detailed explanation of the method of computation. The statement shall be certified by a certified public accountant or the Franchisee's chief financial or other duly authorized financial officer. The Franchisee will bear the cost of the preparation of such financial statements. D. Subject to applicable law, no acceptance by the County of any franchise fee payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the County may have for additional sums payable. E. ~taeConsistent with applicable law, the franchise fee payment is not a payment in lieu of any other tax, fee or assessment. F. The County may, fi'om time to time, and upon reasonable notice, inspect, copy and audit any and all books and records of the Franchisee relevant to the determination of Gross Revenues and the computation of franchise fees due, and may recompute any amounts determined to be payable under the franchise. The cost of the audit will be borne by the Franchisee if, as a result of the audit, the County determines that the Franchisee has underpaid the franchise fees owed in an amount equal to or exceeding two percent (2%) of the Franchise fees actually paid. A Franchisee shall make all books and records necessary to satisfactorily perform the audit readily available to the OR BOOK ii38 PAGE 0545 auditors in St. Lucie County, for inspection and copying or in the alternative, Franchisee shall pay all costs necessary for the County to perform the audit at a location outside of St. Lucie County. G. In the event that a franchise fee payment is not received by the County on or before the due date set forth in subsection B above, or is underpaid, the Franchisee will pay a late charge of eighteen percent (18%) per annum of the amount of the unpaid or underpaid franchise fee payment, provided, however, that such rate does not exceed the maximum allowed under Florida law. Any interest and/or late charges paid by Franchisee is intended to be a charge incidental to the enforcing of a Franchise within the meaning of Section 622 (g)(2)(D) of the Cable Act, 47 U.S.C.§ 542 (g)(2)(D), and may not be deducted from the Franchise fee imposed by this Ordinance or any franchise agreement. H. When a grant terminates for whatever reason, the Franchisee or Franchise shall file with the County within ninety (90) calendar days of the date its operations in the County cease a financial statement, certified by a certified public accountant or the Franchisee's chief financial officer, showing the gross revenues received by the Franchisee since the end of the previous fiscal year. Adjustments will be made at that time for franchise fees due to the date that the Franchisee's operations ceased. Section 1-5.5-30. Reports and Records. A. Within six (6) months of the close of its fiscal year, a Franchisee shall provide the County upon request with an annual report that includes the following information: 1. A summary of the previous year's activities in development of the system, including but not limited to, services initiated or discontinued, number of subscribers for each tier or type of service (including gains and losses), homes passed, and miles of cable distribution plant in 37 OR BOOK i158 PAGE 0546 services. The report shall include an explanation of any increase or decrease in the number of subscribers by more than ten (10%) percent. The summary shall also include a comparison of any construction, including system upgrades, during the year with any projections previously provided to the County, as well as rate and charge increases and/or decreases for the previous fiscal year. 2. A financial statement and a statement of sources of revenues at the system level. The statement shall be audited if Franchisee has audited statements performed in its normal course of business. If not, the statement shall be certified by the Franchisee's chief financial officer or other duly authorized financial officer of the Franchisee. The statement shall include notes that specify all significant accounting policies and practices upon which it is based. A summary shall be provided comparing the current year with previous four years since L,,~ 3. A copy of updated maps depicting the location of all cable plant, showing areas served and locations of all trunk lines and feeder lines in the County. At such time as such maps become available in digitized form, same will be provided to the County at Franchisee's expense. 4. A summary of subscriber or resident written complaints, identifying the number and nature of complaints and their disposition: Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified. More detailed information concerning complaints shall be submitted upon written request of the Board. More detailed information concerning complaints shall be submitted upon written request of the Board. 5. A summary of the number of outages and number of planned outages, number day, time period and duration. 38 OR BOOK 1138 PAGE 054? o the cable system. 10. 6. If the Franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; and if the Franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report. 7. If the Franchisee is a partnership, a list of the partners, including any limited partners, and their addresses; and if the general partner is a corporation, a list of officers and members of the board of directors or the corporate general partner, and the officers and directors of any parent corporation; and where the general partner or its parent corporation's ownership interests are publicly traded, a copy of its most recent annual report. 8. A list of all persons holding ten percent (10°,4) or more ownership or otherwise cognizable interest in the Franchisee pursuant to 47 C.F.R. 76.501. A copy of the Franchisee's rules and regulations applicable to subscribers of A report on the number of senior citizen, economically disadvantaged or handicapped subscribers receiving any rate discounts, the number of multiple dwelling buildings and units therein receiving any discount, and the amount of any such discounts for specific services if Franchisee offers separate rates or discounts for those categories of subscribers. 11. A full schedule and description of services, service hours and location of the Franchisee's customer service office or offices available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system. 12. A report on the number of total subscribers served by the Franchisee in the cable system, with a breakdown by the types of services received by the sub or an affiliate: OR BOOK ii38 PAGE 0548 B. Upon request of the County, a franchisee shall provide the following documents to the County as received or filed, without regard to whether the documents are filed by the Franchisee or an affiliate: 1. Annual report of the Franchisee or its parent or any affiliate of Franchisee which controls Franchisee and issues an annual report; 2. Copyright filings reflecting the operation of the system; 3. FCC Forms 325 and 395A for the system, or their successor forms; 4. Any and all pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted by or on behalf of the Franchisee to the FCC, SEC or any state or federal agency, court or regulatory commission which filings may impact the Franehisee's operation of the Franchisee's cable system or that may impact the County's fights or obligations under this Ordinance of the Franchise Agreement issued pursuant to this Ordinance and any and all responses, if any, to the above mentioned filings. 5. Any and all notices of deficiency, forfeiture, or documents instituting any investigation, civil or criminal proceeding issued by any state ~or federal agency regarding the system, Franchisee, or any Affiliate of Franchisee, provided, however, that any such notice or documents relating to an Affiliate of Franchisee need be provided only to the extent the same may directly or indirectly affect or bear on Franchisee's operations in the County. For example, a notice that an Affiliate which has a management contract for the County's system was not in compliance with FCC EEO requirements would be deemed to affect or bear on operations in the County. 6. Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. 40 OR BOOK ii58 PAGE 054. 7. Notwithstanding anything to the contrary, the Franchisee agrees to provide the County, within thirty (30) days of filing or receipt of such, any document that may adversely impact the construction, operation or maintenance of the Franchisee's cable system. C. A Franchisee shall make a complete set of books and records available for inspection, copying and audit by the County in St. Lude County, for purposes of ascertaining compliance with requirements of this Ordinance and the Franchise agreement. Such inspection, copying and audit shah be upon reasonable notice and during normal business hours. D. Upon written request by the Franchisee and to the extent allowed by applicable law, information of a proprietary nature submitted by the Franchisee to the County pursuant to this Ordinance or a Franchise agreement will not be made available for public inspection to the extent permitted by law. Section 1-5.5-31. Indemnification. A. By acceptance of any Franchise granted hereunder, Franchisee agrees to indemnify, defend and hold harmless the County, its officers, boards, commissioners, agents and employees for damages at law or equity of any nature whatsoever arising out of or through, or alleged to arise out of or through the negligent or malicious acts or omissions of the Franchisee, its servants, employees and agents. B. The Franchisee shall defend in the name of the County, and pay all expenses incurred by the County in defending itse~ with regard to all damages and penalties the County may legally be required to pay as a result of the negligent or malidous acts or omissions of the Franchisee, its servants, employees and agents. Damages and penalties shall include but not be limited to damages arising out of the award of a franchise to that franchisee or the terms and conditions thereto, the 4i OR BOOK ii58 PAGE 0550 construction, installation, operation or maintenance of its cable communication system, whether or not any such act or omission is authorized, allowed or prohibited by this Ordinance or the Franchise granted hereunder. Expenses shall include all incidental expenses including, but not limited to, attorneys fees. The Board shall notify Franchisee of any actions, claims, or suits, of any nature whatsoever, arising out of or through or alleged to arise out of or through or in any way connected with the grant ora franchise to the Franchisee or through the operation of the Franchisee's business as a cable television communications services operator for which the indemnification provisions of this Ordinance are applicable. Section 1-5.5-32. Insurance. A. The Franchisee shall obtain and maintain at its sole cost and expense liability insurance, insuring the County and the Franchisee against all claims for penalties or damages charged against the County or Franchisee resulting from the act of granting the Franchise to the designated Franchisee, the acts or omissions of Franchisee, its servants, employees, agents, or independent contracts, the installation, construction,, operation, maintenance or expansion of its cable communications system herein authorized. Franchisee shall maintain such insurance with St. Lueie County as an additional insured party throughout the term of the Franchise and any renewal term in the amounts specified in the Franchise but in no event less than the amounts specified below: 1. $ 500,000 for property damage in any one accident. 2. $ 500,000 for personal bodily injury to anyone person. 3. $1,000,000 for personal bodily injury in anyone accident. 4. Workers Compensation and employee liability insurance meeting all 42 OR BOOK ii58 PAGE 055i requirements of Florida law. 5. Automobile insurance coveting all owned, non-owned and hired vehicles used in connection with Franchisee's cable communications system and services. B. Copies. Within thirty (30) days after the effective date of the Franchise, the Franchisee shall furnish the County with certificates of insurance. In no event shall Franchisee commence construction or undertake any business activity authorized by the Franchise issued hereunder until all insurance policies are in full force and effect. C. Additional Insured, Endorsements. The insurance polities required herein shall name the County, its officers, boards, commissions, agents and employees as additional insured. Each policy shall contain a statement to the effect: "It is understood and agreed by the surety that this insurance policy may not be canceled by the surety until thirty (30) days after written notice to St. Lucie County by registered mail of such intention to cancel or not renew." D. All insurance carders providing coverage under (A.) above shall be duly licensed to operate in the State of Florida, shall be sureties with a minimum rating orA-1 in Best's Key Rating Guide, and shall be subject to approval by the Board. Section 1-5.5-33. Security Fund/Corporate Guarantee, A. A franchise agreement shall provide that, prior to the franchise becoming effective, the Franchisee shall post with the County a cash security deposit or in the alternative a corporate guarantee or letter of credit in a form acceptable to the County in an amount not less than One Hundred Thousand Dollars ($100,000) to be used as a security fund to ensure the Franchisee's faittfful performance of and compliance with all provisions of this Ordinance, the franchise agreement, and other applicable law, and compliance with all orders, permits and directions of the County, and 43 OR BOOK ii38 PAGE 0552 the payment by the Franchisee of any claims, liens, fees, or taxes due the County which arise by reason of the construction, operation or maintenance of the system. The amount of the security fund or corporate guarantee shall be the amount that the Board determines, under circumstances existing at the time, that is necessary to protect the public, to provide adequate incentive to the Franchise to comply with this Ordinance and the franchise agreement, and to enable the Board to effectively enforce compliance therewith. The franchise agreement shall provide for the procedures to be followed with respect to the security fund or corporate guarantee. B. The terms ora Franchise Agreement may permit a franchisee to file and maintain with the County a bond with an acceptable surety or letter of credit and the amount no less than One Hundred Thousand Dollars ($100,000) in lieu of a security fund to indemnify the County against any losses it may suffer in the event the Franchisee fails to comply with one or more of the provisions of its franchise. Said bond shall be obtained at the sole expense of the Franchisee and remain in effect for the full term of the franchise plus an additional six (6) months thereafter. The Franchisee and its surety shall be jointly and severally liable under the terms of the bond for any damages or loss suffered by the County as a result of the Franchisee's nonperformance, including the fifll amount of any compensation, indemnification or cost of removal of any property of the Franchisee in the event of default, a reasonable allowance for attorneys' fees and costs, up to the full amount of bond. The bond shall provide for thirty (30) days' prior to written notice to the County of any intention on the part of the Franchisee to cancel, fail to renew, or otherwise materially alter its terms. Neither the filing of an indemnity bond with the County, nor the receipt of any damages recovered by the County thereunder, shall be construed to excuse faithful performance by the Franchisee or limit the liability 44 OR BOOK ll3B PAGE 0553 by the Franchisee under the terms of its franchise for damages, either to the full amount of the bond or otherwise. C. The fights reserved to the County with respect to the security fund or an indemnity bond are in addition to all other rights of the County, whether reserved by this Ordinance or authorized by other law or the franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund or indemnity bond will effect any other right the County may have. D. The security fund shall be maintained at the amount specified in subsection (A) of this section, even if amounts have to be withdrawn. E. If the Franchisee fails to pay to the County any compensation within the time fixed herein or any penalties, or fails to repay the County within ten (10) days, any damages, costs or expenses which the County is compelled to pay by reason of any act or default of the franchisee in connection with the franchise, or fails, at, er thirty (30) days notice such failure by the County to comply with any provision of the franchise agreement which the County reasonably determines can be remedied by demand on the security fund, the County may immediately withdraw the amount thereof; with interest and any penalties, from the security fund. Upon such withdrawal, the County shall notify the licensee of the amoum and the date thereof. F. Within ten (10) days at, er notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection (A) of this section, the Franchisee shall pay to, or deposit with, the County a sum sufficient to restore such security fund to the amounts specified in subsection (A) of this section. Failure to replenish the security fund shall subject the Franchisee to penalties and the Franchisee shall pay interest on the amount by which the security fund has been reduced at three (3) percent above the then prevailing prime rate. OR BOOK ii38 PAGE 0554 G. The fights reserved to the County with respect to the security fund are in addition to all other fights of the County, whether reserved by the franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the County may have. H. The security fund deposited pursuant to this section shall become the property of the County in the event that the franchise granted herein is canceled or terminated by reason of the default of the franchisee. The franchise, however, shall be entitled to the return of such security fund, or portion thereof, without interest, as remains on deposit with the County at the expiration of the term of the franchise, provided that there is then no outstanding default on the part of the franchisee. Section 1-5.5-34. Construction Bond. A. Within thirty (30) days after the granting of a Franchise and prior to the commencement of any construction work by the Franchisee, the Franchisee shall file with the County a Construction Bond or Letter of Credit in the amount specified in the Franchise agreement in favor of the County. Such amount shall be reasonably related to the value of the work being undertaken. B. Such Bond or Letter of Credit shall be in a form approved by the County. C. The Board shall authorize release of the Bond no sooner than six (6) months and no later than twelve (12) months at~er completion of construction. D. The County, at its sole option, may waive this requirement, or permit consolidation of the Construction Bond or Letter of Credit with the Performance Bond or Letter of Credit as specified, respectively in Sections 1-5.5-34 and 1-5.5-35. Section 1-5.5-35. System Design Provision~ Minimum Facilities and Services. OR BOOK ii58 PAGE 0555 A. The cable television system shall be constructed in accordance with the design requirements contained in the Franchise Agreement. B. The following minimum requirements for facilities and services shah apply to ah Franchises granted by the County. The County may require in a Franchise agreement that a Franchisee exceed these minimum requirements where it determines, under circumstances existing at the time of the application, that the additional requirements are necessary to meet the County's cable related needs and interests or to serve the public interest. 1. Any cable system that commences construction, including but not limited to .initial construction, rebuild, upgrade, or reconstruction at~er the effective date of this Ordinance shall have a minimum capacity of at least 750 MHZ, delivering no less than 80 78 video channels available A Franchise agreement may provide for a larger minimum channel capacity for immediate use. requirement. 2. The County may require in a Franchise agreement that a Franchisee provide access channels, facilities and other support for public, educational and/or governmental use. 3. Upon written request from the County, a cable system shah cablecast County Commission meetings live to ah subscribers located within the County at no cost to the County. 4. A cable system shall provide leased access channels as required by federal law. 5. 9tConsistent with applicable law, a Franchisee shah make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired. A Franchisee may impose a reasonable charge for such equipment. 6. Unless a Franchise agreement or applicable law provides otherwise, standard installation shall consist ora drop, not exceeding one hundred twenty-five (125) feet fi.om the cable 47 OR BOOK ii58 PAGE plant to the nearest part of a subscriber's residence. Residential drops in excess of one hundred twenty-five (125) feet may be charged according to the Franchisee's rate schedule. C. The County may require as a condition of any Franchise agreement that the Franchisee construct and maintain its cable system in conformance with the State of the Art as defined in Section 1-5.5-10 herein. D. A Franchisee that commences initial construction alter the date hereof shall make cable service available to all residents and business within the unincorporated area of the County. Section 1-5.5-36. Service to Schools and Libraries. Franchisee shall provide no less than Basic Cable Service and when available online access to each public school, library and County office located within the area served by the Franchisee. There shall be no charge for Basic Cable Service or installation thereof. The Franchisee at its option may provide similar services to private schools upon the same terms as for public schools. Section 1-5.5-37. Government Channels and Facilities. A. Applications for an initial or renewed Franchise may and, at the Board's request, shall include proposals for the provision of access channels in connection with public/education/government use and the provision of equipment, facilities and support sufficient to meet community needs. B. Pursuant to the terms and conditions of a franchise agreement, a Franchisee shall provide the County, without charge, no less than twoone operative television drametsch~el over the system, ___.~Lwm, oiie vsmattava ~u be ...... "'~--' t,,~,v,u,u [O be used solely for the C-otmtygove~ent and ~ther gO¥¢hiiiieii~al bodies education programming designated by the Board in order to transmit over said systems civic programs, lectures, shows, announcements, Commission or Board meetings, 48 OR BOOK i158 PAGE 0557 educational, amusement or recreational information, and all other lawful news or information of public interest which the County desires at any and all times ---' ..... '- ...... ' to be -'--" .... -' ~--'~' ..... " ............ -' ~--'-:--' ---~'--- ~'- d vid ipal pursuant to the terms and conditions of a franchise agreement. ---1-' ..... reasonable ....~"-'- D. To the extent it is possible, a Franchisee shall provide, at the request of the Board, trained personnel to assist the County in the production of live and video-taped municipal programs or in thc alternative shall train Cou personnel. IL ,,,,.,m~,,,~ ,,L,,*, mi,, -*,,~,,.,.~ ~ ,,,,,~, E. Applications for an initial or renewed Franchise may and, at the Board's request, shall include proposals for the provision of an Institutional Network interconnecting County government, educational institutions, and/or other public facilities. F. Applications for an initial or renewed Franchise may and, at the County's request, shall include a proposal for thc interconnection of Franchisee to any or all other cable systems operating within the County or in areas adjacent to the County. O. A Franchisee shall provide the County with an emergency alert system consistent u, ~,,,u/5*, aii emergency ...... 49 OR BOOK 3.138 PAGE 558 Section 1-5.5-38. Technical Standards~ Construction Procedures. A. Any cable system within the County shall at minimum meet the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted by the FCC or other federal or state agency having such authority. All Consistent with applicable law, all television signals transmitted on a cable system shall include any closed circuit captioning information for the hearing impaired. Antennas, supporting structures, and outside plants used in the system shall be designed to comply with all generally accepted industry practices and standards and with all federal, state, county and/or utility laws, ordinances, roles and regulations. B. All construction, installation and maintenance shall comply with all applicable federal, state and county construction codes, including but not limited to, the National Electrical Safety Code, the National Electric Code, the South Florida Building Code, and all applicable laws and accepted industry practices, and as hereinafter may be amended or changed. C. At the times required by FCC roles, the Franchisee shall perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of this Ordinance, the Franchise agreement, and FCC requirements. The Franchisee shall upon request provide the proof of performance test results to the Board within thirty (30) days after completion and upon written request fi-om the County. The Board shall have the right upon at least five (5) days written notice to the Franchisee to inspect the cable system facilities during and after their construction to ensure compliance with the requirements of the Franchise agreement, this Ordinance, and FCC standards. 5O OR BOOK ii58 PAGE 055~ D. The Board may require any other tests as specified in a Franchise agreement or applicable law or regulation, to be performed at the expense of the Franchisee. The Franchisee shall provide the test results to the County within thirty (30) days of completion of the proof of performance or other tests. E. The Franchisee shall provide the County reasonable advance written notice when a proof of performance test required in subsections (C) and (D) above is scheduled so that the County Administrator may have an observer present. F. A Franchisee shall not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the cable system of another Franchisee, or individual or master antennas or other system used for receiving television or other broadcast signals. Section 1-5.5-39. Construction Practices. A. Good Engineering Practices. All plant and equipment, including but not limited to the antenna sites, towers, headend and distribution systems, subscriber terminals, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices, performed by experienced maintenance and construction personnel so as not to interfere with or unnecessarily hinder or obstruct pedestrian or vehicular traffic or endanger the public safety. In addition, Franchisee shall exercise reasonable care in the performance of work authorized by this Ordinance so as to avoid damage to the facilities of public utilities and shall be liable for all such damage to the extent required by law. In the event of such damage, Franchisee shall report 5i OR BOOK 1158 PASE 0540 same immediately to the affected utility and shall timely reimburse said utility for all reasonable costs of repair of said damage. Franchisee shall be responsible for contacting all affected utilities, and, in addition, the Underground Notification Center Liaison for Excavators (UNCLE), to arrange for contacting all affected utilities prior to commencing construction, installation, repair and similar work. The Franchisee shall at all times employ due care and shall install and maintain methods and devices for preventing failures and accidents which might cause damage, injury or nuisance to the public. Section 1-5.5-40. Construction Permit Required. A. The Franchisee shall apply to the County Engineer for construction permits for new construction work to be performed in the County's public rights-of-way or easements in the form and manner prescribed by the Board. The County will act on the permit within thirty (30) days of receipt of a complete application and all information related thereto. No construction shall be commenced prior to the grant of the construction permit therefor. Granting of the permit is in the sole discretion of the Board as to the best use of the right-of-way/easement for the public health, safety and welfare. B. The granting ora permit under this Ordinance does not take the place of any other Franchise, License or permit which might be normally required by law. C. When a construction permit is issued by the County, the Franchisee shall begin actual physical plant construction within sixty (60) days from the date of issuance of said permit. D. Said construction shall be completed within the time period specified in the construction permit request. If said construction is not completed within said specified time period, or should construction not be commenced on the date specified by said permit, then the permit shall be deemed null, void, and of no further force and effect. 52 OR BOOK ii38 PAGE 056i E. Franchisee may request construction extensions from the County Administrator, in writing, for good cause, and the Administrator, following review of such request, shall either allow such extensions or deny same promptly at~er receipt of such request(s). Section 1-5.5-41. Customer Service Requirements. A. A Franchisee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities. B. A Franchisee shall maintain at least one conveniently located business office and/or service center within the County limits. This business office shall be open at minimum from 8:30 a.m. to 5:30 p.m., Monday through Friday, or such other period not to be less than eight (8) hours as provided in a Franchise agreement, and some weekend and evening hours as may be required by a Franchise agreement. Franchisee shall operate its business so complaints and requests for repairs or adjustments may be received by telephone twenty-four (24) hours per day, seven (7) days per week including holidays. C. Franchisee shall maintain a listed local, toll-free or collect call telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the Franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week. Knowledgeable, qualified Franchisee representatives will be available to respond to customer telephone inquiries, twenty-four (24) hours per day, seven (7) days per week. 53 OR BOOK i138 PAGE 0562 D. Franchisee shall answer all customer service and repair telephone calls made under normal operating conditions within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. E. A Franchisee shall employ and maintain sufficient qualified personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to receive subscriber complaints or requests for service or repairs on a full-time basis, twenty-four (24) hours per day, seven (7) days per week; (iv) to initiate service installations, undertake normal repairs, initiate action with respect to any subscriber service complaints within twenty-four (24) hours; (v) to enable a service technician to respond to service calls twenty-four (24) hours per day, seven (7) days a week including holidays when more than 15 subscribers served from the same nearest active electronic device, such as an amplifier or node, call with the same complaint. F. Franchisee must meet each of the following standards no less than ninety --five-(9~ (90) percent of the time under normal operating conditions as measured on a quarterly basis: 1. Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven (7) business day period. "Standard" installations are up to one hundred and twenty-five (125) feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the Franchisee the same day. Evening personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee 54 ' ' OR BOOK ii3BPAGE0563 of the Franchisee shall telephone the subscriber the next day; 2. Franchisee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions, and service problems within the control of franchisee, will be corrected within one (1) week se~en~y-h~o (72) ,hours after receipt of a complaint; 3. The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during normal business hours, or at the election and discretion of the subscriber, "all day"; 4. Franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment; and 5. If at any time an installer or technician is running late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. G. Subscribers who have experienced ~ _a missed installation or service appointments ~ ......,__ ,-___,. _~. ...... t: .... ,__,, .... :___: .... ,,_.,_~_ ~. .... ~. _, ...... ~..,__: .... ,,_.~._. Wg[~ LU IIgI. VG UGGII [JIUVIUGU IlGG UI ~,~IIO. I~G UI 11. ,llG O.}J~JUIIII.IIIGIIIL WgI.~ IUI ;~:;IVI~G UI IGI. Jglll, ,IIG subscriber due to the fault of Franchisee shall receive a credit on his bill of not less than twenty dollars ($20.00). H. Disconnection. 1. Voluntary Disconnection. (a) A subscriber may terminate service at any time. 55 OR BOOK 1158 PAGE 0564 (b) A Franchisee shall promptly disconnect any subscriber who so requests fi.om the Franchisee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any Franchisee. So ' ....... ~- - -~ ---:~-- · YYILIIIII mmmmlJUl~GU U.)' ~i~Z ~ .... 1-.'-__ _,' ..... 1- --1 ....... (c) A subscriber may be asked, but not required, to disconnect the Franchisee's equipment and return it to the business office. However, subscriber shall be subject to applicable charges. (d) Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the convener or other equipment has been recovered by the Franchisee. The refund process shall take a maximum of thinysixty (g~_O) days fi-om the date disconnection (including return of the equipment) was completed to the date the customer receives the refund. 2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber or other fee or charge, the Franchisee may disconnect the subscriber's service outlet; however, such disconnection shall not be effected until thirty-five (35) days after the due date of the monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within thirty-five (35) days of the due date and after notice of disconnection has been given, the Franchisee shall not disconnect. After disconnection, 56 OR BOOK ii38 PAGE 0565 upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate service. 3. Nothing in this Ordinance shall be construed to prevent the Franchisee fi-om removing its property fi-om a subscriber's premises upon the termination of service. At the subscriber's request, a Franchisee shall remove all of its facilities and equipment fi-om the subscriber's premises within thirty (30) calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. I. Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall maintain a written log for all intentional service interruptions. J. Franchisee shall nmify use its best efforts to notify the County Administrator or its designee immediately if a service interruption affects two hundred or more subscribers for a time period greater than four hours. K. Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by Franchisee. This badge shall be clearly visible to the public. L. A Franchisee shall develop written procedures for the investigation and resolution of all subscriber or County resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be subject to the review and approval by the County Administrator or his designee. A subscriber or County resident who has not been satisfied by following the Franchisee's procedures, may file a written complaint with the County Administrator or his designee, who will investigate the matter and, in consultation with the Franchisee 57 OR BOOK 1158 PAGE 0566 as appropriate, attempt to resolve the matter, A Franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be considered in connection with the Franchisee's renewal application. Franchisee shall niain~ain a ,~,.,[,~L~ .~L of all ,~,,,,p-~ .. a .,,,,. ,~, be approved · ',-,,,~,,,,~ ~,o~ also maintain a list of all complaints received, which list will be available to the designated County Administrator ~ee. M. Franchisee shall permit the County Administrator or his designee to inspect and test the system's technical equipment and facilities upon reasonable notice not to be less than forty-eight (48) hours. N. Franchisee shall abide by the following requirements governing communication with customers, bills and refunds: 1. Each Franchisee shall provide to subscribers written information in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the Subscriber: (a) (b) (c) (d) (e) How to use the cable service; Installation and service maintenance policies; The products and services offered; Prices and service options; Channel positions of programming carded on the system; 58 .OR BOOK 13.38 PAGE 0567 (f) The Franchisee's procedures for the receipt and resolution of customer complaints, the Franchisee's address and telephone number to which complaints may be reported, and the hours of operation; (g) The telephone number and address of the County's office designated to handle cable television complaints and inquiries shall be printed on the back of the bill; (h) The availability of a "lock-out" device; (i) The Franchisee's information, collection, and disclosure policies for the protection of a subscriber's privacy. 2. In addition, each Franchisee shall provide written notice in its monthly billing, at the request of the County, of any County meeting regarding requests or applications by the Franchisee for renewal, transfer or modification of its license or change in service, rates or charges to subscribers. The County shall make such a request in writing, no less than forty-five (45) days prior to the mailing of any billing by Franchisee. Said notices shall be made at Franchisee's expense and said expense shall not be considered part of the Franchise fee assessed pursuant to this Ordinance and shall not be regarded as a Franchise fee, as the term is defined in Section 622 of the Communications Act, 47 U.S.C. Section 542. 3. Franchisee's bills will be dear, concise and understandable. 4. Refund checks will be issued promptly, but no later than the emtier-o-fmhi~ (-gO-)--flaywor-t~ customer's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the Franchisee if service is terminated. 59 OR BOOK ii38 PAGE 0568 5. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. 6. A Franchisee shall provide subscribers and the Board with at least thirty (30) days advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of service or services offered over the cable system. 0. A Franchisee shall provide a pro-rated 24-hour credit to the subscriber's account for any period of four hours or more within a 24-hour period during which a subscriber experienced an outage of service or substantial impairment of service, whether due to a system malfunction or other P. Billing. 1. The Franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit. 2. The Franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate.all activity during the billing period, including optional charges, rebates and credits. 3. The Franchisee's billing statement must show a specific due date not earlier than ten (10) days aider the date of the beginning of the service period. Any balance not received within ten (10) days aider the due date may be assessed an administrative charge. The charge will appear on the following month's billing statement. (a) Any administrative charge applied to unpaid bills shah be subject to regulation by the County consistent with applicable law. 60 OR BOOK ii58 PAGE 0569 (b) Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the Franchisee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. 4. The Franchisee must notify the subscriber that he or she can remit payment in person at the Franchisee's office in the County and inform the subscriber of the address of that office. Q. A Franchisee may not substantially alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) without the express permission of such subscriber, unless it complies with this subsection. 1. If a Franchisee wishes to alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of services, then the Franchisee must provide the subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect of the alteration, and provide the subscriber the right within the thirty (30) day period following notice, to opt to receive any combination of services off'ered by the Franchisee. 2. Except as provided herein, no charge may be made for any service or product which the subscriber has not ~tively indicated, in a manner separate and apart from payment of the regular monthly bill, that he or she wishes to receive. R. Franchisee shall certify in writing to County on December 1 of each year based upon internal due dih'gence by the Franchisee that to the best of Franchisee's knowledge it is in substantial compliance with the standards set forth in this Section 1-5.5-42. At the request of the County, the {ii OR BOOK li38 PAGE 0570 Franchisee shall submit such documentation, as may be required, to demonstrate Franchisee's compliance with this Section 1-5.5-42. This documentation shall be submitted within forty five (45) days of the Franchisee's receipt of the Board's request. Section 1-5.5-42. Administration of Customer Service. A. Responsibility for the administration of this Ordinance and any Franchise granted hereunder and for the resolution of all complaints against a Franchisee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order refunds or fees, is hereby delegated to the County Administrator, which is empowered, among other things, to settle, or compromise any controversy arising fi.om operations of the Franchisee, either on behalf of the County, the Franchisee or any subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or service is unsatisfactory for whatever reason, the County Administrator shall have the power to require the Franchisee to provide service if in the opinion of the County Administrator such request for service is reasonable. Provided, that any person aggrieved by a decision of the County Administrator, including the Franchisee, may appeal the matter to the Board for hearing and determination. The Board may accept, reject or modify the decision of the County Administrator. No adjustment, settlement, or compromise, whether instituted by the County Administrator or by the Board shall be contrary to the provisions of this Ordinance or any Franchise agreement issued pursuant to this Ordinance, and neither the County Administrator nor the Board, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of this Ordinance or of the Franchisee. 62 OR BOOK 1158 PAGE 0571 Notwithstanding the above, the Board may, fi.om time to time, adopt modifications to the customer service standards herein to better satisfy the community's needs and interest and to take into consideration the industry standards and practices. B. In addition to the powers delegated herein, the County Administrator shah have the authority d ---" - ~ .... -'"- ~--- a F lfi ~- "--'"--' ~ -' --'-'- ~-'---:-" ..... '----"- ...... '-- ~- .......~-'--:~-J ' ~- ~'-- ~ ........ gal ,.,~.,~,o~.[ ,..,~,,[y and [~, assess fines a nst a Franchisee for any violation of this Ordinance or any Franchise issued pursuant to this ordinanccOrdinance, which fines will be paid to the County. 21. In assessing fines against a Franchisee, the County Administrator shall be governed by the schedule set out below. The Unless otherwise indicated, the fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation. SCltEDULE OF FINES SINGLE VIOLATION OF: MAXIMUM FINES (a) Section 1-5.5-4 2 IA), hereof. $100.00 (b) Section 1-5.5- 42 I(B), hereof. $ 300,.0,05100.00 (b_c) Section 1 -5.5-42 I(C), hereof. $ 300.0,05100.00 (d) Section 1-5.5-41 2(D), hereof. $30,0.00,$1,000.00 per quarter (e) Section 1-5.5-4 1 2(E) and (F), hereof. $30,0,.0,05 100.00 (f) Section 1-5.5-41 ~G) and (H), hereof. $100.00 (g) Section 1-5.5-41 2(0, hereof. $50,0,.0,0,$100.00 (h) Section 1-5.5-41-2(J), hereof. $20,0,.0,05100.00 (I) Section 1-5.5-41 ~K), hereof. $100.00 63 OR BOOK 1138 PAGE 05'7'2 (j) Section 1-5.5..41 ~(L), hereof. $500.005100.00 (k) Section 1-5.5-41 ~Vl), hereof. $500.005 100.00 (1) Section 1-5.5-41_~(N)(1), hereof. $100.00 (m) Section 1-5.5-41 ~(N)(2), hereof. $500.005100.00 (n) Section 1-5.5-41-2(N)(3)-~(5), hereof. $200.005100.00 (o) Section 1-5.5-41 ~(P) and (Q), hereof. $200.005100.00 (p) Section 1-5.5-41-2(R), hereof. $500.00 ,,, ~,~, ,,,s a ,..-.~, or ~..~,,. a,ad/o, assessing a fine, the County Administrator shall mail the Franchise written notice by certified or registered mail of the proposed refund and/or fine, specififing the violation at issue. The Franchisee shall have thirty (30) days fi.om the date of receipt of the written notice to file a written response to the County Administrator's notice. Franchisee's written response shall be signed by management level personnel of Franchisee and all statements contained therein will be regarded as material representations to the County. 43. Prior to --J--: ...... "--- ~ ...... J: .... -, ,- ing _ ,,,u~,,,~ ,, ,~u,,u ,,, ~,~u,. ,.,,~,,,, assess a fine, the County Administrator shall consider any justification or mitigating factor advanced in Franchisce's written response, including but not limited to rebates or credits to the subscriber, a cure of the violation, and the payment of any fine to St. Lucic County for the same violation. The County Administrator may, after consideration of the response of the Franchisee, waive or reduce any proposed refu~ fine. 5_4. Subsequent to the notice of proposed refunfl~ fine to Franchisee and consideration of thc Franchisee's response, if any, the County Administrator may issue an assessment ofrefm'drcrudit~ fine. The --"--- ~ --- 4, .... ~,_. ,~,,~, ~,~,,~ ~,,~,u, fine shall be paid within thirty (30) days of written 64 OR BOOK ll3B PAGE 0573 notice to the Franchisee. This refimd-aad/or fine shall constitute liquidated damages to the subscriber and County for the violation and the County may enforce payment of the refmaflTcredit~r fine in any court having jurisdiction. It is the intent of the Board to determine finesfl'eflmds as a reasonable estimate of the damages suffered by the County and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages difficult to measure. 65_. Franchisee may appeal any decision of the County Administrator directly to the Board Ecmnset within thirty (30) days of notice of the decision to the Franchisee. 96. Any person who intentionally fries a false complaint against a Franchisee shall be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent violation. 87. Intentional misrepresentation by a Franchisee in any response to a notice of proposed refund, credit and/or fine shall be grounds for Franchise revocation. C. In addition to complying with the customer service standards set forth in this Ordinance or in any Franchise issued pursuant to this Ordinance, a Franchisee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable federal, state or county law concerning customer service standards, consumer protection, and unfair or deceptive trade practices. D. The Board expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any Franchise agreement. Section 1-5.5-43. Subscriber Privacy. A Franchisee shall at all times protect the privacy of all subscribers to the full extent required by Section 631 of the Cable Act, 47 U.S.C. 551 and state law. 65 OR BOOK i138 PAGE 057 Section 1=5.5=44. Discrimination Prohibited. A. No Franchisee may in its rates or charges, or in the availability of the services or facilities of its system, or in any other respect, make or grant undue preferences or advantages to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject any such- persons or group of persons to any undue prejudice or any disadvantage. A Franchisee shall not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a uniform and consistent manner. A Franchisee may also offer bulk discounts ~,, ,,,~,,,,},,~ uw~,,u,~ buildings-consistent with applicable law. B. A Franchisee shall not deny cable service to any potential subscriber because of the income of the residents of the area in which the subscriber resides. C. A Franchisee shall not refuse to employ, nor discharge fi.om employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, religion, color, sex disability, national origin, marital status, or political affi!iation. The Franchisee shall comply with federal, state and local laws and regulations governing equal employment opportunities, as the same may be fi.om time to time amended. Section 1-5.5-45. County's Right of Revocation. The Board may revoke or suspend any Franchise granted hereunder and rescind all rights and privileges provided herein in the following circumstances each of which shall constitute a default and breach under this Ordinance and/or Franchise: A. The Franchise was fraudulently obtained. 66 OR BOOK ii58 PAGE 0575 B. Franchisee fails to construct, operate or maintain the cable system as required by this Ordinance or the Franchise Agreement or for any other material violation of this Ordinance or Franchise Agreement. C. The Franchisee fails to provide or maintain in full force and effect the liability and indemnification coverages, or the performance bonds or equivalent as required herein. D. The Franchisee attempts to dispose of any of the facilities or property of its cable communications system to prevent the County from recovering any payments due or any losses or damages arising out of the Franchise. E. The Franchisee has transferred or has attempted to transfer ownership or control of the Franchise without prior approval of the Board. F. The Franchisee attempts to evade any material provision of this Ordinance or Franchise by a pattern of fraud or deceit. The Franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged Go bankrupt. H. The Franchisee~s federal and state licenses and certificate are revoked, terminated or otherwise not in full force or effect. Section 1-5.5-46. Procedures for Revocation or Suspension. A. The Board shall cause to be served upon the Franchisee by registered mail written notice of its intention to initiate revocation or suspension proceedings as provided in this Ordinance. Such notice shall specify as may be applicable the failure, neglect, refusals, actions, conditions, circumstances, violations, defaults or breaches which constitute the basis for the proposed revocation or suspension and make demand upon the Franchisee to implement prompt corrective measures to 67 OR BOOK ii38 PAGE 057~ remedy such failures, neglect, refusals, actions, conditions, circumstances, violations, defaults or breaches and effect substantial compliance with the terms of this Ordinance and Franchise. If the Franchisee shall fail to implement corrective action within thirty (30) days following written notice, the Board shall cause to be served upon the Franchisee by registered mail a written Notice and Order to Show Cause why its Franchise should not be revoked or suspended and shall fix a date, time and place for a public hearing before the Board of St. Lucie County, provided however, that the Franchisee shall be entitled to not less than fffieen (15) days prior notice of the date, time and place of the public hearing. The Board shall cause the Notice and Order to Show Cause to be published in a newspaper of general circulation in the County at least once prior to the public hearing. B. The administrative hearing shall be conducted during the regularly scheduled public hearing agenda of the Board. Franchisee may be represented by attorney and shall be given the opportunity to present such witnesses and relevant evidence as Franchisee deems appropriate. The Board may designate such employees or agencies of the County as it desires to present evidence relevant to the matters raised in the initial written notice and the notice and Order to Show Cause. C. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. The hearing need not be conducted according to the rules of court relating to evidence and witnesses. E. The Board may hear any interested persons, however, any such presentations must be relevant to the issues raised in the written notice and the Notice and Order to Show Cause. F. Upon conclusion of the administrative hearing, the Board shall make its findings and conclusions as to whether the allegations made or contained in the Notice and Order to Show Cause 68 OR BOOK 1138 PAGE 0577 occurred or existed as charged, whether or not any such failures, refusals, neglect, actions, conditions, circumstances, violations, defaults or breaches occurred or existed with just cause, or, if not, whether on the basis of the evidence adduced some lesser penalty or remedy is appropriate. If such cause is founded, the Board shall direct the Franchisee to comply within such time and manner and upon such terms and conditions as are reasonable. If Franchisee shall fail to comply as directed with the time prescribed, the Franchise shall be deemed to be revoked or suspended, as the case may be, unless the Board shall thereat~er prescribe some lesser penalty or remedy. Section 1-5.5-47. Anneal. If the Board's determination is to revoke or suspend the Franchise, the Franchisee may have such decision reviewed by a state or federal court of competent jurisdiction. Venue shall be in St. Lucie County, Florida. Section 1-5.5-48. Requirements Upon Termination or Expiration. In the event of termination or expiration of the Franchise, Franchisee shall continue to be bound as follows: A. At such time as directed by the Board, and within one year, Franchisee will remove at its own expense, or sell, all of its above-ground plant structures and plant-related equipment which are within the public rights-of-way. B. The liability, indemnity and insurance, and the bonds required herein and by the Franchise, shall continue in full force and effect during the period that equipment or facilities under the ownership or control of Franchisee occupies any public right-of-way and for ninety (90) days thereafter. 69 Section 1-5.5-49. OR BOOK ii38 PAGE 0578 Continuity of Service Mandatory. A. It is the right of all subscribers of Franchisee to receive all available services from the Franchisee as long as their financial and other obligations to the Franchisee are satisfied. B. In the event of a termination or transfer of a Franchise for whatever reason, the Franchisee shall ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. The Franchisee shall cooperate with the County to operate the system for a temporary period following termination or transfer as necessary to maintain continuity of service to all subscribers. The temporary period will not exceed six (6) months without the Franchisee's written consent. During such period the cable system shall be operated under such terms and conditions as the County and the Franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to subscribers and that will provide reasonable compensation to the cable operator. C. In the event a Franchisee fails to operate the system for seven (7) consecutive days without prior approval of the Board or without just cause, the County may, at its option, operate the system or designate an operator until such time as the Franchisee restores service under conditions acceptable to the County or until a permanent operator is selected. If the County is required to fulfill this obligation for the Franchisee, the Franchisee shall reimburse the County for all costs or damages resulting from the Franchisee's failure to perform that are in excess of the revenues from the system received by the County. Additionally, the Franchisee will cooperate with the County to allow County employees and/or County agents free access to the Franchisees' facilities and premises for purposes of continuing system operation. Section 1-5.5-50. Rates and Chaqles. 70 OR BOOK ii58 PAGE 0579 The County reserves the fight to regulate rates for cable services to the full extent permitted by law. Section 1-5.5-51. Performance Evaluation. The Board may conduct periodic performance evaluations of a Franchisee as the Board determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in good faith. If the Board implements a survey of cable subscribers in connection with a performance evaluation, the Board may require a Franchisee to distribute the County's questionnaire to its subscribers provided that such distribution may be accomplished within normal billing mailings. Upon request and upon reimbursement of the County's copying costs, the Franchisee may receive copies of all responses. Section 1-5.5-52. Power of Board to Regulate. The Board may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The Board is hereby authorized and empowered to prescribe roles and regulations and to adjust, settle, or compromise any controversy or charge arising from the operations of any Franchisee under this chapter, either on behalf of the county, the Franchisee or any subscriber, in the best interest of the public. ,Section 1-5.5-53. Enforcement by the County. The Franchisee shall not be relieved of its obligation to comply with any of the provisions of this Ordinance by reason of any failure of the County to enforce prompt compliance. The County 7i OR BOOK 1138 PAGE 0580 reserves any and all rights to enforce the provisions of this Ordinance and the terms and conditions of any Franchise granted hereunder to the fullest extent allowed by law. Section 1-5.5-54. Ri8hts Reserved to Franchisee. In any material dispute between County and Franchisee, County and Franchisee may pursue such remedies as are available to it including actions at law in any court of competent jurisdiction. Section 1-5.5-55. County Cable System Ownership Authorized, A. To the full extent permitted by law, the County may acquire, construct, own, and/or operate a cable system. B. Nothing in this Ordinance shall be construed to limit in any way the ability or authority of the County to acquire, construct, own, and/or operate a cable system to the full extent permitted by law. Section 1-5.5-56. Miscellaneous Provisions. Submissions to County and Filing. Unless otherwise expressly provided herein, formal submissions required by this Ordinance and requiring action by the Board shall be submitted to and in the name of the Board and shall be filed with the County Administrator. Section 1-5.5-57. Hearin~ Except as otherwise expressly provided herein, all public hearings provided for by this Ordinance shall be conducted in accordance with procedures and rules set forth herein. Section 1-5.5-58. Procedure for Correction of Errors in Issuance of Franchi,~es. Notwithstanding the provision of the foregoing sections, if any Franchise shall be issued or shall be outstanding because of error of law or fact, or because of administrative error, the Board shall 72 OR BOOK 1138 PAGE 0581 correct such Franchise upon notice to Franchisee and reasonable opportunity for Franchisee to be heard, but without charges, findings, or other formal requirements. Section 1-5.5-59. Theft of Services and Taml)erinll. A. It is unlawful to: 1. W'dlfully obtain or attempt to obtain cable service from the Franchisee by any means or device without payment to the Franchisee for such cable television service of all lawful compensation due for each type of cable television service unlawfully obtained. 2. W'dlfully assist or instruct any other person in obtaining or attempting to obtain any cable television service without payment to the Franchisee of such cable television service of all lawful compensation due for each type of service unlawfully obtained. 3. Willfully tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical or other, any cable, wires or other devices used for the distribution of cable television service without the actual authority from the Franchisee of such cable television service. 4. Willfully sell, rent or lend, or promote or advertise for sale, rental, or use, any device or any plan to any person with the knowledge that the person intends to use such device or plan to commit any of the acts set forth in Paragraphs (A), (B), and (C), whether or not such device or plan actually has the ability to facilitate the commission of any acts set forth in Paragraphs (A), (B), and (C). 5. Willfully sell, rent or lend, or promote or advertise for sale, rental or use, without actual authority from the Licensee of such cable television service, any device which is 73 OR BOOK ii58 PAGE 0582 electronically capable of decoding cable television signals which have been encoded by the Franchisee or any person under contract with such Franchisee. B. Any law enforcement department of the County having jurisdiction shall have the authority to confiscate any and all such instruments, apparatus, equipment, devices, instructions and plans described in this Section, including any materials, tools, machinery, or equipment used to manufacture or produce such instruments, apparatus, equipment, devices, instructions and plans, and, upon conviction for violation of the provisions of this section, such instruments, apparatus, equipment, devices, instructions and plans, together with all such materials, tools, machinery, and equipment used to manufacture or produce same shall be destroyed or otherwise disposed of by order of court. C. Any person who willfully violates this section shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 125.69 Florida Statutes. D. Whoever is found in a civil action to have violated the provisions of this section shall be liable for actual and punitive damage to the Franchisee and may be subject to fines and injunction or both and upon judgment in favor of the Franchisee, such Franchisee shall also be able to recover all costs of such action, including all appellate proceedings, together with reasonable attorney's fees. E. In addition to this Ordinance, the Federal Cable Communications Policy Act, 47 USC § 553, imposing both civil and criminal penalties for cable thet~ of up to $50,000.00 and two years in prison for the first offense and up to $100,000 and five years imprisonment for the second offense is fully applicable. Section 1-5.5-60. Force Majeure. In the event a Franchisee's performance of or comptiance with any of the provisions of this Ordinance or the Franchisee's Franchise agreement is prevented by a cause or event not within the 74 BOOK ii58 PAGE 0585 Franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that Franchisee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance and any Franchise agreement granted or renewed hereunder, causes or events not within a Franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, war, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Franchisee's control, and thus not falling within this section, shall include, without limitation, Franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's directors, officers, employees, contractors or agents. Section 1-5.5-61. Reservation of Rights. A. The Board reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. B. Any additional regulations adopted by the Board shall be incorporated into this Ordinance and complied with by all Franchisees within thirty (30) days of the date of adoption of such additional regulations. C. The Board reserves the right to exercise the power of eminent domain to acquire the property of Franchisee's cable system, consistent with applicable federal and state law. 75 - OR BOOK ll3B F'AGE 0584 Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the County's exercise of eminent domain except to the extent provided by applicable law. D. The Board shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy Franchisee's records and to inspect a Franchisee's facilities to the extent needed to monitor a Franchisee's compliance with and performance under this Ordinance and the Franchisee's Franchise agreement. The rights reserved in this Ordinance are in addition to other rights heretofore expressly reserved. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. SEVERABILITY. If any provision of this Ordinance (or any related agreement) is held by any court or by any Federal, State or local agency of competent jurisdiction to be invalid as conflicting with any Federal, State or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, it shall be considered to be an independent part of this or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which has been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said 76 OR BOOK I138 page 0585 provision shaH thereupon return to fuji force and effect and sha~ there~er be binding on the parties hereto, pro%4ded the Board shaH ~ve the Franchisee they (30) days '~tten notice of such change before requh~ng compliance with said provision. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of St. Lucie PART D. A. County. B. August 1, This Ordinance shall be applicable to all cable Franchises granted or renewed after 1997, and shall apply to all cable Franchises granted prior to August 1, 1997, to the full extent permitted by state and federal law. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. Alter motion and second, the vote on this Ordinance was as follows: Chairman Gary D. Charles, Sr. Vice-Chairman Paula Lewis Commissioner Cliff Barnes Commissioner John Bmhn AYE AYE AYE NAY 77 OR BOOK 1138 PAGE 0585-A Commissioner Ken Sattler NAY PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code of Ordinances and Compiled Laws and the word "Ordinance" may be changed to "Section", "Article" or other word, and the sections of this Ordinance may be renumbered or relettered to accomplish such intemion; provided, however, that parts B to H shall not be codified. DULY PASSED AND ADOPTED this 24th day of March, 1998. ATTEST: D~~/~LERK '' ,e~- ..~ BOARD OF COUNTy:COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 78 SPanne Holman, Clerk of tile Circuit F Nufnber:161 .c9227 OR BOOK Recorded: 03-19-98 11:20 A.M. Court - St. Lucie County '_33 PAGE 060..0. ORDINANCE NO. 98-10 AN ORDINANCE AMENDING CHAPTER 1-16 (PLANNING) OF THE ST. LUCIE COUNTY CODE OF ORDINANCE BY AMENDING ARTICLE III "HISTORICAL COMMISSION"; AMENDING ORGANIZATION OF COMMISSION TO PROVIDE FOR A BOARD OF DIRECTORS; FURTHER PROVIDING FOR TIERED MEMBERSHIP; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, have made the following determinations: 1. Section 125.01(1)(0, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County to establish a county historical commission. 2. On May 1, 1984, the Board adopted Ordinance No. 84-05, as amended, creating the St. Lucie County Historical Commission. The amendments set out below will improve the St. Lucie County Historical Commission's ability to carry out its duties. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE HI (HISTORICAL COMMISSION), CHAPTER 1-6 Article III of Chapter 1-16 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ~t. ~,~ t,. ~,~ pc~ssc~ges c~re deleted. Underlined pctssctges crre c~dded. 1133 PAGE 0~03 ARTICLE III. HISTORICAL COMMISSION SECTION 1-16-41. CREATION. An historical commission to be called "St. Lucie County Historical Commission" is hereby established. SECTION 1-16-52. (a) ORGANIZATION. Composition, qualification of m tm ab ers board of directors. The board of directors of the historical commission shall be composed of five (5) members individually appointed by each of the county commissioners, the president of the St. Lucie Historical Society or his designee, the president of St. Lucie Village Heritage or his designee, a representative of the White City Improvement Club representing the historical group of White City, a representative from the City of Port St. Lucie Historical Group representing the City of Port St. Lucie, and two (2) members at large recommended by the other nine (9) members of the historical commission and appointed by the board of county commissioners. Only one (1) member from a family may be appointed. Family is defined as husband, wife, grandparents, parents, stepparents, brothers, stepbrothers, half-brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting citizens to serve on the board of directors of the historical commission, the board of county commissioners may consider the recommendation of the historical commission, if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. oc' ..... L~ ~,~'-~'-,~-,~h ....... pctssc[ges cite deleted. Underlined pc[ssc[ges crre c[dded. 2 1133 PABE 0604 (b) Appointment of members of the board of directors; terms; vacancies; failure to attend meetings. The appointments to the board of directors of the historical commission shall be as follows: (1) The two (2) at large members shall be appointed for terms of two (2) years. (2) Members appointed by the St. Lucie Historical Society, St. Lucie Village Heritage, the White city Improvement Club, and a representative from the City of Port St. Lucie Historical Group shall be appointed for terms of four (4) years. The term of members appointed by individual county commissioners shall coincide with the term of the commissioner making the appointment. With the exception of members appointed to fill vacancies as provided herein, each member's term shall begin on December first of the year of his appointment. Members may serve more than one (1) term if reappointed, but no member shall be reappointed for more than two (2) consecutive terms. Provided, however, when a county commissioner leaves office prior to the end of his term, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the historical commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive meetings without cause and without prior approval of the chairman, the histohcal commission shall declare the member's seat vacant. Any member of the historical commission may be removed by the board of county commissioners at any time provided, however that before such removal said member shall be provided written charges and given an opportunity to appear in his defense at a public meeting. Upon removal of a member or ~x ....l- xl~ .....1. ~ L~ ~.,~ t,~ ~,~l, passages are deleted. Underlined passages are added. 3 OF' ROOK 1133 PAGE 0605 vacancy created by a member's resignation or declaration of the historical commission, the member's respective appointing body shall immediately replace him with another appointee. Tiered memberships The board of directors of the historical commission may establish a tiered membership program for the historical commission. SECTION 1-16-43. COMPENSATION AND GRANTS The members of this historical commission shall receive no compensation, but may be reimbursed for traveling expenses as provided in Section 112.061, Florida Statutes. Members of the historical commission shall not receive directly or indirectly any grant funded in whole or part by the board of county commissioners. SECTION 1-16-44. MEETINGS; RULES. The board of directors of the historical commission shall meet at an appropriate place and shall arrange a time for holding regular meetings and such other meetings as shall be necessary. The board of directors of the historical commission may adopt such by-laws as it deems necessary, subject to the approval of the board of county commissioners, and it may determine the duties of its members and employees. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. passages are deleted. Underlined passages are c~dded. 4 OF' ROOK 1155 F'ABE 0~0~ PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or such holding shall not affect its applicability to any other person, property, or circumstance, circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Gary D. Charles, Sr. Vice Chairman Paula A. Lewis Commissioner John D. Bruhn Commissioner Ken Sattler Commissioner Cliff Barnes CODIFICATION. AYE AYE AYE AYE AYE ~,L~ u~.~ ~,, uu~, passages are deleted. Underlined passages are added. 5 BOOK 1133 PAGE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this f~ day of !~0~r ¢~--- , 1998. BOARD OF COUNTY COMMISSIONERS. ST. LI.~IE COUNTY, FLORIDA, ~ ?~ ~hairman ~_): APPROVED AS TO FoX, ND CORRECTNESS~ ' ~ BY: qh.~l~ ~ :~' /h~ County Attbrney ~, u~. ~,, uu~,, passages are deleted. Underlined passages are added. Off, ~01( .~f 1'~ ~ JoAnne Holman, Clerk of the Oir' 't File Number:1629225 OR B~ Recorded: 04-21-98 03:54 P.M. Court - St. Lucie County 1140 PAGE 0065 ORDINANCE NO. 98-11 AN ORDINANCE AMENDING CHAPTER 1-13.5 "MUNICIPAL SERVICE TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.5-7(d) TO PROVIDE THAT THE COUNTY ENGINEER OR HIS DESIGNEE SHALL EXECUTE A FIRST CLASS NOTICE AFFIDAVIT STATING COMPLIANCE WITH SECTION 197.$632, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABHJTY AND APPLICABH.1TY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, Section 125.01(1)(q), Florida Statutes, authorizes the Board of County Commissioners (the "Board") to establish municipal services taxing or benefit units for any or all of the unincorporated areas of St. Lucie County; and WHEREAS, Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "MSBU/MSTU Ordinance") provides for the creation of municipal service benefit or taxing units; and WHEREAS, on April 7, 1998, 1998 at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend the MSBU/MSTU Ordinance to amend Section 1-13.5-7(d) to provide that the County Engineer or his designee shall execute an affidavit stating that pursuant to Section 197.3632, Florida Statutes, notices of the hearing have been scm by first-class mail to each person owning property subject to the assessment. NOW, THEREFORE, BE 1T ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-15.5-7(d) OF CHAPTER 1-15.5 (MUNICIPAL SERVICE TAXING OR BENEFIT UNITS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-13.5-7(d) of Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: ~wordsare deleted. Underlinedwordsare added. OR BOOK Zi_'l~,O F'AGE OOc ~ Section 1-13.5-7. Procedure for creation of municipal service benefit units. (d) Second public hearing. Upon completion of the preparation of the report and pre 'lnninary assessment roll, the county engineer shall request fi.om the Board permission to advertise a public hearing thereon. Provided, however, that the Board at any time, in its sole discretion, may determine not to proceed with the improvements or services Prior to the public hearing, the county engineer shall notice the hearing by first-class mail and by publication in a daily newspaper of general circulation within St. Lucie County. Addresses for mailed notices shall be obtained by the county engineer from the records of the property appraiser or fi.om other sources as the county engineer deems reliable. The notice by mail shall be sent at least twenty five (25) days prior to the public hearing to each person owning property within the proposed MSBU and shall include (i) the purpose of the assessment, (ii) the total amount to be levied against each parcel, (iii) the unit of measurement to be applied against each parcel to determine the assessment, (iv) the number of such units contained within such parcel, (v) the total revenue to be collected by the special assessment, (vi) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the Board within twenty (20) days of the date of the notice, and (vii) the date, time and place of the hearing. If the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5- 1 l(i) of this Chapter, the mailed notice shall also provide a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The published notice shall be published twice in a daily newspaper of general circulation in St. Lude County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The published notice shall include (i) a brief description of the project, (ii) a geographic depiction of the property subject to the assessment, (iii) the proposed action to be taken by the Board, (iv) the time, date and place of the hearing, and (v) statement that all affected property owners have a right to appear at the hearing and to file written objections with the Board within twenty (20) days of the publication of the notice. If the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5- 1 l(i) of this Chapter, the published notice shall also provide a statement that the assessment shall be collected by the tax collector and include a proposed schedule of the assessment. At the public hearing, the owners of the property to be assessed or any other persons interested may appear before the Board and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so improved. At the public hearing, the county engineer shall also present to the Board the preliminary assessment roll. The assessment roll shall show (i) the lots and lands assessed, (ii) the amount of the benefit to and the assessment words are deleted. Underlined words are added. 2 OR BOOK 1140 PAGE against each lot or parcel of land, and (iii) if said special assessment be paid in installments, (a) the number of annual installments into which the special assessment may be divided which shall not exceed thirty (30), and (b) whether the assessment shall be payable in equal installments of principal to which interest shall be added or equal installments of principal and interest shall also be entered and shown upon said assessment roll. At the time and place named in the notice of public hearing, the Board shall also meet as an equalizing Board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right. When equalized and approved by resolution of the Board, the assessments as shown in the preliminary roll, as adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other liens for county taxes, upon the property against which such assessment is made, from the time of adoption of the resolution at the initial public hearing as provided in subsection (a) above, until paid; provided, however, that upon completion of the improvements the Board shall credit to each of said assessments the difference in the assessment as originally made, approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessments as finally determined upon completion of said improvement; provided that in no event shall the final assessments exceed by more than ten percent (10%) the amount originally assessed by the Board without a further public hearing. Promptly after the confirmation of the assessments, the assessments shall be recorded by the clerk of the Board in a spedal book to be known as the "improvements lien book" and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the clerk of the circuit court of St. Lucie County so as to facilitate knowledge thereof by third parties. However, if the Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5-1 l(i) of this Chapter, such recording shall not be required. The resolution approving the preliminary assessment roll, as equalized, shall (i) state the nature of the proposed improvements or services, (ii) designate the areas to be so improved or served, (iii) state the method in which said assessments shall be made, and (iv) state when the assessments are to be paid, and (vi) state that pursuant to Section 197.3632, Florida Statutes, notices of the public, hearing have been sent by first-class mail to each person owning property subject to the assessment as set forth in an attached affidavit executed by the County Engineer or his designe-. The resolution shall also (i) designate the lands upon which the special assessment shall be levied and (ii) state the total estimated costs of the improvement or annual cost of the services. The estimated costs shall include, but not necessarily be limited to, an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the preparation of the plans and specifications and the estimate, the printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds, the costs of collection of assessments, including discounts for prepayment and/or words are deleted. Underlined words are added. OR BOOK 1140 PAGE OOc early payment, administrative costs and any other expense necessary or proper to any of the foregoing. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tailahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgement from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 7th day of April, 1998. 'Stmek-tln'cmghwordsare deleted. Underlined wordsare added. 4 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~)UNTY ~O,.I~INEY G:~ORDNANCE-~1998%98-11 0 0 words are deleted. Underlined words are added. []15 BS[]~:, I Ir,:.+() JoAnne Holman, Clerk of the Cir t Court - St. Lucie County File Number:165~30~ OR BOUK ll~SZ+ PAGE 0901 Recorded: 08-07-98 12:31 P.M. ORDINANCE NO. 98-12 AN ORDINANCE AMENDING CHAPTER 1-16 (PLANNING) OF THE ST. LUCIE COUNTY CODE OF ORDINANCE BY AMENDING ARTICLE III "HISTORICAL COMMISSION"; TO PROVIDE FOR TEN ADDITIONAL VOTING MEMBERS; FURTHER PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, have made the following determinations: 1. Section 125.01 (1)(f), Florida Statutes, empowers the Board of County Commissioners of St. Lucie County to establish a county historical commission. 2. On May 1, 1984, the Board adopted Ordinance No. 84-05, as amended, creating the St. Lucie County Historical Commission. The amendments set out below will improve the St. Lucie County Historical Commission's ability to carry out its duties. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE III (HISTORICAL COMMISSION), CHAPTER 1-16 Article III of Chapter 1-16 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: S'a'uck tY~ough passages are deleted. Underlined passages are added. OR BOOK i164 PAGE ARTICLE III. HISTORICAL COMMISSION SECTION 1-16-41. CREATION. An historical commission to be called "St. Lucie County Historical Commission" is hereby established. SECTION 1-16-52. (a) ORGANIZATION. Composition, qualification of board of directors. The board of directors of the historical commission shall be composed of the following members. Five (5) members shall be individually appointed by each of the county commissioners. Additional members shall be the president of the St. Lucie Historical Society or his designee, the president of St. Lucie Village Heritage or his designee, a representative of the White City Improvement Club representing the historical group of White City, a representative from the City of Port St. Lucie Historical Group representing the City of Port St. Lucie, a representative of the St. Lucie County School Board. a representative of the Ft. Pierce Main Street, a representative of Indian River Community College, a representative of Daughter's of American Revolution, a representative of the Chamber of Commerce. a representative of the Smithsonian, a representative of Harbor Branch. a representative of the Treasure Coast Archaeological Society, a representative of the Cattlemen's Association. a representative of the Fair Association and two (2) members at large recommended by the other nine nineteen (-9-)(19) members of the historical commission and appointed by the board of county commissioners. Only one (1) member from a family may be appointed. Family is defined as husband, wife, grandparents, parents, stepparents, brothers, stepbrothers, half-brothers, sisters, stepsisters, half-sisters, children and stepchildren. In selecting o~,,,~,,° .... ~' "-,~,,,-,,ts,~'- passages are deleted. Underlined passages are added. 2 OR BOOK ii64 PAGE citizens to serve on the board of directors of the historical commission, the board of county commissioners may consider the recommendation of the historical commission, if any, and the interest and documented knowledge of such citizens in the history, cultural lore and development of the county. (b) meetings. follows: Appointment of members of the board of directors; terms; vacancies; failure to attend The appointments to the board of directors of the historical commission shall be as (1) The two (2) at large members shall be appointed for terms of two (2) years. (2) Members appointed by the St. Lucie Historical Society, St. Lucie Village Heritage, the White City Improvement Club, St. Lucie County School Board, Fort Pierce Main. Street. Indian River Community College, Daughter's of American Revolution, Chamber of Commerce. Smithsonian. Harbor Branch, Treasure Coast Archaeological Society, Cattlemen's Association. Fair Association and a representative from the City of Port St. Lucie Historical Group shall be appointed for terms of four (4) years. The term of members appointed by individual county commissioners shall coincide with the term of the commissioner making the appointment. With the exception of members appointed to fill vacancies as provided herein, each member's term shall begin on December first of the year of his appointment. Members may serve more than one (1) term if reappointed, but no member shall be reappointed for more than two (2) consecutive terms. Provided, however, when a county commissioner leaves office prior to the end of his term, his successor may replace the member appointed by him with an individual of his choosing who shall complete the unexpired term of the ......... ~,, passages are deleted. Underlined passages are added. , OR BOOK 1164 PflGE OC~( replaced member. Upon reelection to another term, a county commissioner shall determine whether to reappoint the individual or replace him with another individual of his choosing. Appointments to fill any vacancy on the historical commission shall be for the remainder of the unexpired term of office. If any member fails to attend three (3) successive meetings without cause and without prior approval of the chairman, the historical commission shall declare the member's seat vacant. Any member of the historical commission may be removed by the board of county commissioners at any time provided, however that before such removal said member shall be provided written charges and given an oppommity to appear in his defense at a public meeting. Upon removal of a member or vacancy created by a member's resignation or declaration of the historical commission, the member's respective appointing body shall immediately replace him with another appointee. (c) Tiered memberships The board of directors of the historical commission may establish a tiered membership program for the historical commission_. SECTION 1-16-43. COMPENSATION AND GRANTS The members of this historical commission shall receive no compensation, but may be reimbursed for traveling expenses as provided in Section 112.061, Florida Statutes. Members of the historical commission shall not receive directly or indirectly any grant funded in whole or part by the board of county commissioners. SECTION 1-16-44. MEETINGS; RULES. The board of directors of the historical commission shall meet at an appropriate place and shall arrange a time for holding regular meetings and such other meetings as shall be necessary. The ......... ~,, passages are deleted. Underlined passages are added. 4 OR BOOK 1164 P~BE 09%. _~ board of directors of the historical commission may adopt such by-laws as it deems necessary, subject to the approval of the board of county commissioners, and it may determine the duties of its members and employees. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITI-I TI-IE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. .......... ~. passages are deleted. Underlined passages are added. OR BOOK 1164 PI%GE After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. Vice Chairman Paula A. Lewis AYE AYE Commissioner John D. Bmhn Commissioner Ken Sattler AYE NAY Commissioner Cliff Barnes AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. ~ PASSED AND DULY ADOPTED this 21st day of July, 1998. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORII~ : ~ST: Deputy Cl~rk ..... l//~'- Chairm/~n 7 '-". ': / C~n~ty ~7y o .... '- "- ..... '- passages are u,l~t~,a~'~'~a. Underlined passages are uuu~u--'~-~'. 6 ,~oi~ne Hol~n, Clerk of the I::i ~t I~ourt - ~t. Lucie I~ounty File Hu~ber:1671576 OR ~ 1179 PAGE 1902 1 2 3 4 5 6 7 8 9 10 11 12 13 ~14 15 16 17 18 ~ 19 20 21 22 23 24 25 26 28 29 30 31 ¢ 33 35 36 37 38 39 ORDINANCE NO. 98-019 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 13.00.01(A), BUILDING CODE, TO ADOPT THE 1997 STANDARD BUILDING CODE; BY AMENDING SECTION 13.01.01 ENERGY EFFICIENCY BUILDING CODE, BY ADOPTING THE 1997, FLORIDA MODEL ENERGY CODE EFFICIENCY BUILDING CODE; BY AMENDING SECTION 13.02.01, MECHANICAL CODE, BY ADOPTING THE 1997 STANDARD MECHANICAL CODE; BY REPEALING SECTION 13.03.02, PLUMBING CODE AMENDMENTS; BY AMENDING SECTION 13.04.01, ELECTRICAL CODE, BY ADOPTING THE 1996 NATIONAL ELECTRICAL CODE; BY AMENDING SECTION 13.05.01, FIRE PREVENTION CODE, BY ADOPTING THE 1997 STANDARD FIRE CODE; BY AMENDING SECTION 13.07.01, GAS CODE, BY ADOPTING THE 1997 STANDARD GAS CODE; BY AMENDING SECTION 13.08.01, STANDARD HOUSING CODE, BY ADOPTING THE 1997 STANDARD HOUSING CODE; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 May 14, 1991 91-21 - November 7, 1991 92-17 June 2, 1992 93-01 - February 16, 1993 93-03 February 16, 1993 93-05 - May 25, 1993 93-06 May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 Ordinance #98-019a FINAL Underline is for addition 3tzlk~ T,hzo~l, is for deletion Page 1 APPROVED: 10/06/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 94-18 - August 16, 1994 94-21 August 16, 1994 95-01 - January 10, 1995 96-10 August 6, 1996 97-01 - March 4, 1997 97-09 October 7, 1997 97-23 - September 2, 1997 98-01 January 20, 1998 98-02 - April 7, 1998 98-03 February 3, 1998 98-06 - July 21, 1998 On August 20, 1998, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On September 15, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 3, 1998. On October 6, 1998, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 24, 1998. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: Underline is for addition Strike T~ou~h is for deletion Ordinance #98-019a Page 2 FINAL APPROVED: 10/06/98 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 CHAPTER Xlll BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL '13.00.00 BUILDING CODE 13.00.01 GENERALLY A. ADOPTED The Standard Building Code, t-g94-1997 edition, including Appendix A, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Building Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Director and shall be available for public inspection during the regular business hours of such office. Paragraph B -- No Changes 13.0'1.00ENERGY EFFICIENCY BUILDING CODE 13.01.01 ADOPTED The Florida Model Energy Efficiency Building Code, ", 993 1997 edition, will serve the needs of the County and is hereby adopted as the Energy Building Code Standard for Energy Efficiency in the Thermal Design and Operation of All Buildings for which a building permit is issued after J~nUr-.;'y ~,, ~, 993, November 1, 1998, in St. Lucie County, subject to the exemptions contained in Section 553.902(1 ), Florida Statutes. A copy of such Code shall be filed in the office of the Community Development Director and shall be available for public inspection during the regular business hours of such office. 13.02.00 MECHANICAL CODE 13.02.01 ADOPTED The Standard Mechanical Code,-t994 1997 edition, including Appendix A heat (loss/gain), as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Mechanical Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Director and shall be available for public inspection during the regular Underline is for addition Stzike Through is for deletion Ordinance 998-019a Page 3 FINAL APPROVED: 10/06/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 business hours of such office. 3.03.00 PLUMBING CODE A USF '"~,.,, ,%'O,~;MCTALLIC ........ 13.04.00 ELECTRICAL CODE 13.04.01 ADOPTED The National Electrical Code, NFPA 70, 1993 1996 edition, as promulgated by the National Fire Protection Association, is adopted by reference as the Electrical Code of the County, to apply to the unincorporated areas of the County. A copy of such Code shall be filed in the office of the Community Development Director and shall be available for public inspection during the regular business hours of such office. 13.05.00 FIRE PREVENTION CODES 13.05.01 ADOPTED The Standard Fire Prevention Code, 1-994-1997 edition, as promulgated by the Southern Building Code Congress International, Inc., are adopted by reference as the fire code of the county, to apply to the unincorporated areas of the county. A copy of such codes shall be filed in the office of the Community Development Director and shall be available for public inspection dudng the regular business hours of such office. 3.07.00 GAS CODE Underline is for addition Stzike Thzcuul, is for deletion Ordinance #98-019a Page 4 FINAL APPROVED: 10/06/98 ~OOK 1179 ~ 1906 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 13.07.01 ADOPTED The Standard Gas Code, ?994-1997 edition including Appendix A (flow of gas through fixed orifices), Appendix D (example problems) and Appendix E (5-PSI gas sizing), as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the gas code of the county, to apply to the unincorporated areas of the county. A copy of such code shall be filed in the office of the Community Development Director and shall be available for public inspection during the regular business hours of such office. 13.08.00 STANDARD HOUSING CODE 13.08.01 ADOPTED The Standard Housing Code, t-994-1997 edition, as promulgated by the Southern Building Code Congress International, Inc., is adopted by reference as the Standard Housing Code of the County, to apply to the unincorporated areas of the County. A copy of such code shall be filed in the office of the Community Development~tfl'dfl~PDirector and shall be available for public inspection during the regular business hours of such office. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. Underline is for addition Strike Thzough is for deletion Ordinance #98-019a Page 5 FINAL APPROVED: 10/06/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. ABSENT Vice Chairman Paula A. Lewis AYE Commissioner Cliff Barnes AYE Commissioner John D. Bruhn AYE Commissioner Ken Sattler ABSENT PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 6th day of October, 1998 ATTEST: ~ Underl:i/ne is for addition St£ika T~zoa¢,h is for deletion Ordinance #98-019a FINAL BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,,FLORIDA~. ; ..... L~HAiRMAN - Page 6 ~'~'V~' ~ ~i~PROVED: 10/06/98 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 DJM 98-019a(LDCamends - disc #7) APPROVED AS TO FORM AND /C~RRECTNESS: COUNTY Underline is for addition ~~r deletion Ordinance 998-019a Page 7 FINAL APPROVED: 10/06/98 JoRnne Holman, Clerk of the Ci :t Court - St. Lucie County File Number:-1670'Tc--23 OR BuuK -1l'78 PRGE -~'7'B-~ Recorded: 10-19-98 01:56 P.M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ..28 '~29 3O ---,31 32 33 34 35 36 39 40 ORDINANCE NO. 98-020 AN ORDINANCE AMENDING THE ST. LUClE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 6.06.01(B)(11), MINING, RESTRICTIONS, REGULATIONS AND CONDITIONS ON A MINING PERMIT TO PROVIDE FOR THE ABILITY TO MITIGATE WETLANDS AS A PART OF A MINING OPERATION; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - March 14, 1991 91-09 May 14, 1991 91-21 - November 7, 1991 92-17 June 2, 1992 93-01 - February 16, 1993 93-03 February 16, 1993 93-05 - May 25, 1993 93-06 May 25, 1993 93-07 - May 25, 1993 94-07 June 22, 1994 94-18 - August 16, 1994 94-21 August 16, 1994 95-01 - January 10, 1995 96-10 August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-23 - September 2, 1997 98-01 - January 20, 1998 98-02 - April 7, 1998 98-03 - February 3, 1998 98-06 - July 21, 1998 98-19 October6, 1998 On August 20, 1998, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. Ordinance #98-020c FINAL Underline is for addition Stzika T,~£o~ is for deletion Page 1 APPROVED: 10/06/98 BOOK ii?8 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 o On September 15, 1998, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 3, 1998. On October 6, 1998, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 24, 1998. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO READ AS FOLLOWS, INCLUDE: CHAPTER VI RESOURCE PROTECTION STANDARDS 6.06.00 MINING 6.06.01 RESTRICTIONS, REGULATIONS, AND CONDITIONS ON MINING PERMIT It shall be illegal to excavate or mine, as defined in Chapter II, any real property in St. Lucie County without first obtaining a mining permit for such activity, except as exempted in Section 11.05.11. All mining operations conducted under authority of a permit issued in accordance with the provisions of this Code shall be subject to the following restrictions, regulations, and conditions: Underline is for addition ......... ~ is for deletion Ordinance #98-020c Page 2 FINAL APPROVED: 10/06/98 OR BOOK ll?B PAGE 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Paragraphs 1 ~rough 10 - No Changes 11. Environmentally Sensitive Areas: Mining shall not be permitted in the following environmentally sensitive areas: Within any iurisdictional wetland as delineated in Section 373.421(1), Florid~ Statutes, or within fifty (50) feet of any iurisdictional wetland except that mininq may occur within an isolated jurisdictional wetland that has been determined by the South Florida Water Management District for the purpose of establishing wetland quality as either "Door" or fair", and is entirely surrounded by uplands, if and to the extent: 1.) Alteration of such wetland is permitted in accordance with Section 6.02.03 of this Code,-em~ 2.) Mining activities have received appropriate environmental resource permits issued in accordance with Part IV (Management and Storage of Surface Waters) of Chapter 373 {Water Resources). Florida Statues, and; All wetland mitigation shall be on-site or at a mitiqation site approved by St. Lucie Coun _ty. exce_ot that no wetland littoral zone constructed in accord with reouirements of Section 6.06.03 of this code may be counted towards this reguired mitiqation. b. Savannahs State Reserve; c. Atlantic Coastal Ridge; do Within any area listed in the Inventory of Environmentally Sensitive Native Upland Habitats or within fifty (50) feet of such an area; e. Coastal High Hazard Area; or,' Dune Preservation Zone. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this U~-de~"~'e'-f~ ~r'-addi t'i~ -- ~t:ik~ T~,;~gh is for deletion Ordinance #98-020c Page 3 FINAL APPROVED: 10/06/98 OR BOOK ii?8 PAGE 27~5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Gary D. Charles, Sr. Vice Chairman Paula A. Lewis Commissioner Cliff Barnes Commissioner John D. Bruhn ABSENT AYE AYE AYE U~-de~lin~ is for addit'i~-- StYik~ ThYough is for deletion Ordinance #98-020c Page 4 FINAL APPROVED: 10/06/98 OR BOOK llTB PRBE 2766 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Commissioner Ken'-~tt'l~: ~ ~':~ ABSENT PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 6th day of October, 1998 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND COONTY ATT~/~/~/Y DJM 98-020c(LDCamends - disc #7) Underline is for addition Strike Through is for deletion Ordinance #98-020c Page 5 FINAL APPROVED: 10/06/98 JoAnne Holman, glerk of tile File Number:1676491 OR BuuK Recorded: 11-13-98 01:04 P.H. Court - -St. Lucie County -!184 PAGE 0384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 3O 32 34 35 37 40 43 44 ORDINANCE NO. 98-021 AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES), OF THE ST. LUClE COUNTY CODE AND COMPILED LAWS, BY AMENDING SECTION 1-17-31 USE OF FUNDS AND ROAD BENEFIT ZONES, TO PROVIDE CLARIFICATION ON THE ELIGIBLE USE OF ROAD IMPACT FEES; AND TO AMEND SECTION 1-17-39, REVIEW, TO CHANGE THE INDEX USED FOR THE ANNUAL ADJUSTMENTS TO THE ROAD IMPACT FEE TABLES FROM THE CONSTRUCTION PRICE INDEX TO THE CONSUMER PRICE INDEX - ALL URBAN CONSUMERS; AND TO PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: On November 12, 1985, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County. On November 13, 1989, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 89-66, amending the road impact fee schedule to reflect revisions to the cost of road construction and right-of-way acquisition. On February 16, 1993, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 93-002, amending the County's Impact Fee Regulations, but not altering the Impact Fee schedules. On June 27, 1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95-012, amending the County's Impact Fee Regulations, including the impact fee assessment tables but directing that the impact fee rate revisions not become effective until October 1, 1995. On June 27, 1995, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 95-038, amending the County's Impact Fee Regulations approved under Ordinance 95-012, by amending the effective date of the new Road Impact Fee rates so as to provide for a three (3) year phase-in period for these new rates beginning January 1, 1996 and carrying through to January 1, 1998. On September 23, 1997, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 97-017, amending the County's Impact Fee Regulations approved under Ordinance 95-012, to account for the scheduled increase in Local option gasoline taxes scheduled to take effect on January 1998. Ordinance #98-021c Road Impact Fees - Final Underline is for addition Strike T,h£O~L is for deletion Page PRINT DATE: 10/20/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 The Board of County Commissioners is desirous of amending the description of the allowable use of Road Impact Fee as set out in Section 1-17-31 of the St. Lucie County Code and Compiled Laws and the method of revision to the schedule of Road Impact Fees described in Section 1-17-39. On October 20, 1998, this Board held a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and Port St. Lucie News on October 7, 1998. The proposed amendments to Article III, Road Impact Fees are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. iOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Article III, of the St. Lucie County Code and Compiled Law is amended to read as follows: Sec. 1-17-31. Use of funds and road benefit zones. (a) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identified in the County's Comprehensive Plan or tho ....... , ....... P',cnnln,3 --', u ................. ',,T, pact ,'%~ ~'" ........ " ...... "- .., ,d.., "--" ..... ""-'"-- ~,f °' ' "-:- '" ....... the Comprehensive Plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or b_.y the State of Florida._-;- Road Impact Fees shall c,'~d not be used for maintenance or operation purooses. Such improvements shall be of the type as are made necessary by the new development. Sec. 1-17-39. (a) (b) Review. The roads impact fee shall be reviewed by the county....,,,,,,,~,..,,~,.. administrator in April of each calendar year. Unless otherwise directed by the board, an adjustments to the roads impact fee made pursuant to this section shall be based on th methodology described in paragraph (b) of this section .., ,d she',', rcqu;rc .... ~ ..... t ..... t,.,, cf tho ..... '- ..... =--:-- ' · "- - ...... ...... y ............... pr;or.~, ....., ,~,, .. ........... ', and shall be effective the first Monday October of each calender year. The base for computing the adjustment is the Construct',ch Prlcc :r, dcx Consumer Price Index - All Urban Consumers (base year 1995 = 100) for the United States, published by the United States Department of Labor Statistics (the Index), that is published for January 1996 (the Beginning Index). If the Index published nearest the Adjustment Date (the Extension .......... --U~d~r~e~j~or--a~dition St~ik~ Tk;ougl, is for deletion )rdinance ~98-021c Road Impact Fees - Final Page 2 PRINT DATE: 10/20/98 O 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (c) Date) has increased over the Beginning Index, the fee for the following year (until the nex~ Fee Adjustment) shall be set by multiplying the appropriate fee set forth in the schedule above by a fraction, the numerator of which is the Extension Index and the denominator o! which is the Beginning Index. If the Index is changed so that the base year differs, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such other governmen! Index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. ~ART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereol shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the incorporated areas ~ven in the absence of interlocal agreements with the affected municipalities. PART E. FILING WITH THE DEPARTMENT OF STATE. l'he Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 'PART F. EFFECTIVE DATE OF THIS ORDINANCE. The Ordinance shall take effect upon filing with the Secretary of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows~: Chairman Gary D. Charles, Sr. AYE Un'-de--rline iJf~r additTo~ ......... St£1k~ T~,zou~l', is for deletion '"O ~3 m Drdinance #98-021c Page Road Impact Fees - Final PRINT DATE: 10/20/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 40 42 44 ~ART H. Vice-Chairman Paula Lewis Commissioner Cliff Barnes Commissioner John Bruhn CODIFICATION. AYE AYE AYE Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 20th day of October, 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA O CHAIRMAN APPRI~VED AS TO FORM AND O~ORRECTNESS: -.,- CdUNTY ATT7, ".~,. L NOTES: 1 .) Commission District Two Seat is vacant and not included in voting record. OR98-022c(dtsk6) ROAD IMPACT FEE ADJUSTMENT DJM Drdinance #98-021c Road Impact Fees - Final .... Onder~lne i s - f~r--ad--di--t i--o~ .......... St.,:ik~ Th,_~,u~h is for deletion Page PRINT DATE: 10/20/98 '-rD I> I-1-1 JoRnne Holman, Clerk of tile Ci~ .t Court - St. Lucie County File Number:16?B6B~ OR BuuK llB6 PRBE 0541 Recorded: 11-24-98 08:06 ~.M. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2~ 30 31 32 34 3S 36 37 ,~ 38 ~0 ORDINANCE NO. 98-022 AN ORDINANCE AMENDING CHAPTER 2-5, (BUILDING AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS; BY AMENDING ARTICLE I, (LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS); BY AMENDING SECTION 2-5-4, EXAMINING BOARDS, TO PROVIDE FOR CHANGES IN THE MEMBERSHIP OF THE CONTRACTORS EXAMINING BOARD, CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 489.131(10), FLORIDA STATUTES AND DESIGNATE THE CONTRACTORS EXAMINING BOARD AS THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS AS PRESCRIBED UNDER CHAPTER 108 OF THE STANDARD BUILDING CODE, 1994 EDITION, AND AS MAY BE AMENDED FROM TIME TO TIME; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. iNHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the Iollowing determinations: The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe, unstable or short-lived products or services, and further, that it is necessary in the interest of the public health, safety and welfare to regulate the construction and home improvement industries. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, pursuant to Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 2-5, St. Lucie County Code of Ordinances and Compiled Laws. 3. Section 489.105(12), Florida Statutes envisions county regulation of the construction and home improvement industries. On April 7, 1992, this Board approved Ordinance 92-04 amending the County's Regulations regarding the Licensing and Certification of Contractors in the Ordinance #98-022a Final Underline is for addition Stzikc T~zou~l} is for deletion Page 1 PRINT DATE: 10/20/98 OR BOOK ii86 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 10. unincorporated areas of St. Lucie County. On May 11, 1993, this Board approved Ordinance 93-10 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County. On May 28, 1996, this Board approved Ordinance 96-13 amending the County's Regulations regarding the Licensing and Certification of Contractors in the unincorporated areas of St. Lucie County. On March 3, 1998, this Board approved Resolution 98-039 authorizing the Contractors Examining Board to serve as the Contractors Board of Adjustment and Appeals. In 1998, the Florida Legislature adopted certain changes to Chapter 489.131, Florida Statutes, effecting the composition of the local Contractors Examining Boards, and as a consequence of those changes it is necessary to amend Section 2-5-5 of the St. Lucie County Code and Compiled Laws. On October 20, 1998, this Board held a public hearing on the proposed ordinance, after publishing a notice of such headng in The Tdbune and Port St. Lucie News on October 7, 1998. The proposed amendments to Article I, Chapter 2-5 of the Code of Ordinances for St. Lucie County, are consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County, Florida. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. AMENDMENT OF CHAPTER 2-5, ARTICLE I. LICENSING ANE EXAMINATION OF CONSTRUCTION CONTRACTORS. Article I, Chapter 2-5, Section 2-5-4, Licensing and Examination of Construction Contractors, of the Code of Ordinances and Compiled Laws of St. Lucie County, Flodda is hereby amended as follows: Sec. 2-5-4. Examining Boards. [1) The board of county commissioners of St. Lucie County shall establish a contractors examining board and such other examining boards as it deems necessary for the proper Underline is for addition Stzike T~zough is for deletion Ordinance #98-022a Page 2 Final PRINT DATE: 10/20/98 " OR BOOK ii86 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 administration of this ordinance. The contractors examining board shall consist of nifle-(9) ten (10) members who have been residents of St. Lucie County for at least two (2) years prior to the date of their appointment. Each county commissioner shall appoint one (1) member to the contractors examining board. The remaining ~ five (5) members shall be appointed at large by the entire board, ~ Aappointments to the contractors examining board shall include one (1) member from each of the following fields: (a) An architect licensed to do business in the State of Florida. (b) An engineer licensed to do business in the State of Florida. (c) A swimming pool. roofing, or other specialty contractor. (d) A general, residential, or building contractor. (e) A roofing contractor. (re_) An electrical contractor. (g_f) A plumbing contractor. (hg) A mechanical or air conditioning contractor. ¢) A_oDointments to the contractors examining board shall also include three (3) members from the following interest areas consistent with the requirements of Chapter 489.131(10), Florida Statutes: (h) consumer representatives. ,vv,, ~.; ,,.,, ~ ,~,,,, ,.,, ~,,,~ ~ ,) y~o,. Th~,~off~,, I~ne term of office of each member of the contractors examining board shall be for four (4) years but the board of countyI commissioners may remove any member of the contractors examining board at any time.I Members appointed to fill vacancies caused by death, resignation, or removal shall serve~ the remainder of the unexpired term of their predecessors. The members of the contractorsI examining board shall serve without compensation. J / The term of office of the first three (3) consumer representatives to the contractorsI examining board shall be as follows; one (1) member shall be appointed for a term of four~ (4) years, one (1) member shall be appointed for a term of three (3) years and one (1)1 Underline is for addition Strike TT, zoug;, is for deletion Ordinance #98-022a Page 3 Final PRINT DATE: 10/20/98 OR BOOK I:LB6 PAB£ 0544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (2) (3) (4) (5) I6) member for a term of one (1) year. Thereafter, the term of office of each consumer re_Dresentative to the contractors examining board shall be for four (4) years. The board Of county commissioners may remove any member of the contractors examining board at any time. Each examining board member, other than the architect, and engineer and consumer reDresentative$ appointed to the contractors examining board, shall hold a current and active state certified license, or a current and active state registered license in the relevant contracting field. Each contractors examining board member holding a state registered contractor's license shall also hold a current active St. Lucie County certificate of competency as appropriate to his appointment. The architect and engineer appointed to the contractors examining board shall hold current and active licenses issued by the State of Florida Department of Professional Regulation for their respective professions. The consumer re_Dresentative$ may be any resident of the County meeting the reauirements of Section 2-5-4(1) who is not and has never been a member or practitioner of a profession regulated by the board or a member of any closely related profession. The contractors examining board shall elect a chairman, vice-chairman, a secretary and such other officers as may be necessary from among its members. Election of officers shall be conducted annually in January. The contractors examining board shall hold not less than four (4) regular meetings each year, one in July, one in October, one in January, and one in April. The meeting shall be called to order by the chairman of the board and in his absence by the vice-chairman of the board. The contractors examining board shall have the authority to make such bylaws, rules and regulations goveming its body, as it may deem necessary, provided, that the same do nol conflict with other regulations, of St. Lucie County or the constitution and laws of the Unite¢ States or the State of Florida. ~ Six (6) members of a board shall constitute a quorum at any meeting and a majority vote of those present shall be required to make any decision. Absence from two (2) consecutive meetings of an examining board shall vacate the seal of that member, unless such absence is excused by the board or its chairman. Such excuse shall be duly entered upon the minutes of the board. If a majority of the board members disagree with the chairman's decision on the matter, they may overrule it by affirmative vote. [7) The contractors examining board shall review and approve or deny applications for counb certificates of competency as established by resolution of the board of count' Underline is for addition Dtrika T,~o~g], is for deletion Ordinance ~98-022a Page 4 Final PRINT DATE: 10/20/98 OR BOOK ii86 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 commissioners. The contractors examining board as established herein shall also constitute the members of the construction board of ad!ustment and appeals as described in ChaPter 108 of the Standard Building Code, 1994 ed., as may be amended from time to time. The contractors examining board when meeting as the construction board of adjustment and appeals shall follow the pr0(;edures setforth in the standard building code except for those procedures related to the appointment of the members which are inconsistent with those provides for herein. In addition, only one (1) of the consumer representatives of the contractors examining board shall serve on the construction board of adjustment and appeals. Each January_ the contra(;;tors examining board shall select one of the sittinn~ consumer representatives on the contractors examining board to serve on the construction board of ad!ustment and appeals. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative 3r void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or ~ny provision thereof shall be held to be inapplicable to any person, property, or circumstance. such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. rhis ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to th( Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. U~e~e--iq ~-r addition Jtzike T~,zou~i, is for deletion Ordinance #98-022a Page 5 Final PRINT DATE: 10/20/98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 42 43 PART G. ADOPTION. OR BOOK ~,fter motion and second, the vote on this ordinance was as follows1; =ART H. Chairman Gary D. Charles, Sr. Vice-Chairman Paula Lewis Commissioner Cliff Barnes Commissioner John Bruhn CODIFICATION. AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Com Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word. and the sections of this ordinance may be renumbered or relettered to accomplish such intention )rovided, however, that parts B through H shall not be codified. =ASSED AND DULY ENACTED this 20th day of October, 1998 ATTEST: V'~¥ CI"I-AIRtl~('N // APPROVE"~AS TO FORM~J~D COI,;NTY A'I-I'~~' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ~IOTES: 1 .) Commission Distdct Two Seat is vacant and not included in voting record. )JM )8-O22a(LDCamends - disc #7) Underline is for addition St:ika T,~,~oag], is for deletion Ordinance ~98-022a Page 6 Final PRINT DATE: 10/20/98 JoAnne Holman, Clerk of tile Circuit. Court. - St. Lucre File Number:l~B720~S OR Recorded: 12-30-98 10:57 ORDINANCE NO. 98-25 AN ORDINANCE AMENDING CHAPTER 1-20 "TRAFFIC" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ESTABLISHING A MAXIMUM FEE WHICH MAY BE CHARGED ON THE TOWING OF VEHICLES FROM OR IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY, REMOVAL AND STORAGE OF WRECKED OR DISABLED VEHICLES FROM AN ACCIDENT SCENE OF FOR THE REMOVAL AND STORAGE OF VEHICLES, IN THE EVENT THE OWNER OR OPERATOR IS INCAPACITATED, UNAVAILABLE, LEAVES THE PROCUREMENT OF WRECKER SERVICE TO THE LAW ENFORCEMENT OFFICER AT THE SCENE, OR OTHERWISE DOES NOT CONSENT TO THE REMOVAL OF THE VEHICLE PER SECTION 125.0103(1)(C), FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, Sections 125.0103 (1)(c), and 166.043 (1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which may be charged for the towing, removal and storage of vehicles without the owners consent for all of the areas of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. ADDITION OF SECTION 1-20-16(c) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-20-16(C) of Chapter 1-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby added to read as follows: words are deleted. Underlined words are added. OR BOOK 1"193 P~6E 2793 Section 1-20-16(c). The maximum fee is established which may be charged on the towing of vehicles from or immobilization of vehicles on private property_, removal and storage of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle as follows: REGULAR WRECKER SERVICE CLASS A CLASS B CLASS C Day or Night Service $75.00 $100.00 $150.00 Dolly Service $40.00 $40.00 N/A Drop Drive Shift $15.00 $25.00 $25.00 Winching $35.00 As per time As per time charge charge Outside Storaee $15.00 $15.00 $15.00 per day per day per day Inside Storage $20.00 $20.00 $45.00 per day per day per day MILEAGE CHARGE Maximum Charge of $45.00 Maximum Beach Charge $35.00 $ 3.00 $ 3.00 $ 3.00 per mile per mile per mile ADMINISTRATIVE FEE $35.OO TIME CHARGE $40.00 $50.00 $125.00 per hour per hour per hour After 30 minutes on the scene. will be charged in increments of 15 minutes. words are deleted. Underlined words are added. 2 OR BOOK 1193 PAGE 27~4 PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 15th day of December, 1998. words are deleted. Underlined words are added. OR BOOK 11c9:~ PAGE 27¢ ATTEST: ~D~I~TY CLERK ~ ....-/ g:\atty\ardnance\1998\98-25 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: APPROV~ AS TO FORM AND words are deleted· Underlined words are added. 4 bUEE ~.~C~ L5