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HomeMy WebLinkAboutVI (F) Resolution No. 2000-02, Cable Television Franchise with Time Warner Agenda 3-07-2000 Item VI F "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT ° ,tit •• o CITY OF OCOEE DACOMMISSIONERS NNY HOWELL a 150 N.LAKESHORE DRIVE SCOTT ANDERSON OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON • (407)656-2322 NANCY J.PARKER ��Of GOOD � CITY MANAGER ELLIS SHAPIRO Staff Report Date: March 1, 2000 To: The Honorable Mayor and City Commissioners ' From: Janet G. Shira, Community Relations/Projects Directo J" Subject: Time Warner Franchise Agreement-Resolution 2000-02 Issue Should the Mayor and City Commissioners adopt Resolution 2000-02, granting a 10-year franchise for cable services to Time Warner Entertainment-Advance/Newhouse Partnership? Background and Discussion The existing franchise, which actually expired in 1999, was based on an agreement adopted back in 1984. With the drastic changes in technology since then, staff and our legal counsel first approached the issue by proposing a new City ordinance to address cable television services in Ocoee. The ordinance provides the ground rules for all cable television companies who may wish to do business in the City of Ocoee. That ordinance, adopted this past December, formed the basis for the attached franchise agreement with Time Warner. As you know, the City has had extensive meetings on cable television during the past year. Staff feels that both the ordinance and this resolution/franchise agreement provide the best possible services and protection for our residents and businesses. We have tried to make sure that Ocoee receives all the latest technology available, within a reasonable timeframe, and that the various customer service provisions required by law are backed by enforcement mechanisms to safeguard the quality of those services. We have done so by conducting extensive research not only in what is occurring in the industry, but also what has been included in other ordinances and franchise agreements, especially in the greater Orlando area and the State of Florida. Staff and the City Commission have worked closely with Time Warner on both the ordinance and this franchise agreement. Every effort has been made to continue good faith negotiations throughout the process. Recommendation Staff respectfully recommends that the Mayor and City Commissioners adopt Resolution 2000-02. cc: Ellis Shapiro, City Manager Braulio Baez,Leibowitz and Associates Diane Pickett,Time Warner Paul Rosenthal, City Attorney POW!, Protect Ocoee's Water Resources r. City of Ocoee Florida Resolution No. 2000-02 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA APPROVING A FRANCHISE AND CONSTITUTING A FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP, DB/A/ TIME WARNER COMMUNICATIONS, INC., ("TIME WARNER") PURSUANT TO THE CITY OF OCOEE, FLORIDA CABLE TELEVISION CODE, ADOPTED BY ORDINANCE NO. 99-37, TO OWN, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OCOEE, FLORIDA, AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF SUCH FRANCHISE AND PROVIDING FOR REGULATION AND USE OF SUCH SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE THEREFORE. Table of Contents SECTION 1: Authority 4 SECTION 2: Approval of Franchise 4 SECTION 3: Constitution of Franchise Agreement. 4 Section 1. Definitions. 6 Section 2. Grant of Franchise. 7 Section 3. Term of Franchise. 7 Section 4. Non-Exclusive Franchise. 8 Section 5. Franchise Subject to Communications Act, State Law and Ordinance. 8 i Section 6. Franchisee Subject To Other Laws, Police Power. 9 Section 7. Reservation of Rights 9 Section 8. Insurance. 10 Section 9. Indemnification of the City. 10 Section 10. Security Fund. 11 Section 11. Construction Bond. 11 Section 12. Use of Streets. 11 Section 13. Minimum Facilities and Services 12 Section 14. Technological Improvements to System 15 Section 15. Technical Standards. 16 Section 16. Proof of Performance Tests. 16 Section 17. Access Channels and Facilities. 16 Section 18. Commercial Leased Access. 18 Section 19. Emergency Use of Facilities. 19 Section 20. Lock-out Devices. 19 Section 21. Closed-circuit Captioning for the Hearing Impaired. 19 Section 22. Line Extension Policy. 19 Section 23. Cable Home Wiring Commitments. 20 Section 24. Franchise Fee. 20 Section 25. Reports and Records. 23 ii Section 26. Right to Inspect Financial Records and Facilities 23 Section 27. Customer Service Requirements. 24 Section 28. City Purchase of Cable System. 24 Section 29. Modification of Franchise. 24 Section 30. Transfer of Franchise. 25 Section 31. Procedures for Requesting Approval of Transfer. 25 Section 32. Renewal of Franchise. 27 Section 33. Rates. 27 Section 34. Enforcement Remedies. 28 Section 35. Area-wide Interconnection. 29 Section 36. Written Notice of Acceptance. 30 Section 37. No Opposition. 30 Section 38. Execution in Counterpart 31 SECTION 4. Repeal of Conflicting Resolution. 33 SECTION 5. Savings. 33 SECTION 6. Severability. 33 SECTION 7. Applicable Law. 34 SECTION 8. Effective Date. 34 iii BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION 1: Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, City of Ocoee Ordinance No. 99-37 and Section C-8.H of the Charter of the City of Ocoee. SECTION 2: Approval of Franchise. The City of Ocoee hereby approves a franchise with Time Warner to own, operate, and maintain a cable television system in the City of Ocoee, Florida. SECTION 3: Constitution of Franchise Agreement. The following shall constitute the Franchise Agreement between the City of Ocoee, Florida and Time Warner: THIS AGREEMENT, effective this day of , 2000, is by and between the CITY OF OCOEE, a Florida municipal corporation (the "City") and TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP, D/B/A/ TIME WARNER COMMUNICATIONS, INC., ("Time Warner"). WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. §§521 et seq., the City may grant or renew a franchise to construct, operate and maintain a cable television system; and WHEREAS, on December 7, 1999, the City Commission of Ocoee, Florida ("Commission"), adopted Ordinance No. 99-37 of the City of Ocoee, Florida, and provided for 4 the issuance and regulation of cable television franchises for, and the installation, construction and operation of, cable television systems within the City; and WHEREAS, Time Warner desires to renew its franchise to construct, install, maintain, and operate a cable system in the City, and has applied to the City for a renewal of such franchise. WHEREAS, the construction, installation, maintenance, and operation of such a system involves the use and occupation of the Streets of the City, over which the City exercises governmental control; and WHEREAS, Time Warner has substantially complied with the material terms of its franchise; and WHEREAS, the Commission has evaluated (or caused to be evaluated by its consultants) Time Warner's application in light of the requirements of federal and state law and the Ordinance, and has conducted a public hearing concerning Time Warner's renewal request and renewal application; and WHEREAS, the Commission has relied on Time Warner's representations and has considered all information presented to it by representatives of Time Warner, the City staff, and the public; and WHEREAS, based on said representations and information, the Commission has determined that a renewal of Time Warner's nonexclusive franchise to construct, install, maintain and operate a cable system in the City, subject to the terms and conditions set forth 5 herein and in the Ordinance, is consistent with the public interest; and WHEREAS, on , 1999, the Commission determined to renew Time Warner's non-exclusive franchise to own, construct and operate a cable television system within the City, subject to the terms and conditions of the Ordinance and subject also to the City and Time Warner entering into this Franchise Agreement; and WHEREAS, the City and Time Warner have reached agreement on the terms and conditions of this Franchise Agreement which shall supersede Time Warner's prior franchise; NOW, THEREFORE, in consideration of the City's renewal of Time Warner's franchise to own, construct, install, maintain and operate a cable system within the City, and to use and occupy the Streets of the City for that purpose, and in consideration of Time Warner's promise to provide cable service to residents of the City pursuant to the Ordinance and under the terms and conditions set forth herein, and in consideration of the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the franchise is hereby granted; and THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS: Section 1. Definitions. Except as otherwise provided herein, the definitions in Section 57- 02 of Ordinance No. 99-37 of the City of Ocoee, Florida, shall govern this Franchise Agreement. In addition, the following definitions shall apply: A. Ordinance shall mean Ordinance No.99-37 of the City of Ocoee, Florida, as enacted on December 7, 1999, and any references in this Franchise to said Ordinance or to any 6 section thereof shall mean the Ordinance as enacted on that date. B. Franchisee or Time Warner shall mean Time Warner Entertainment- Advance/Newhouse Partnership, d/b/a Time Warner Communications, Inc., and its lawful and permitted successors, assigns and transferees pursuant to Sections 31 and 57-24 of this Agreement and Ordinance No. 99-37 of the City of Ocoee,Florida, respectively. C. Notice to the cable operator shall be deemed effective upon receipt. Notice to the City shall be effective upon receipt by the City Manager. D. Gross Revenues on which franchise fee payments to the City are calculated shall be defined as provided for in Section 57-2(R) of Ordinance No. 99-37. Section 2. Grant of Franchise. A. Subject to the terms of this Franchise Agreement and Ordinance No. 99-37, the City hereby grants Franchisee a franchise for the right and privilege to own, construct, install, maintain and operate a Cable System within the Franchise Area. B. The Franchise granted herein is solely for the operation of a cable system to provide cable services in the City of Ocoee. C. Any agreement by Franchisee to provide cable service on its cable system in the City is subject to the terms of this Franchise. Section 3. Term of Franchise. This franchise shall be for a period of ten (10) years, unless otherwise sooner terminated or otherwise extended in accordance with the terms of this Franchise 7 Agreement. The Franchise shall commence upon , 2000 and terminate on , 2010. This Franchise Agreement is subject to all other requirements and conditions set forth herein and in Ordinance No. 99-37 of the City for a grant of a franchise to become effective. Section 4. Non-Exclusive Franchise. The Franchisee's right to use and occupy the Streets shall be non-exclusive, and does not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the City, or affect the City's right to authorize use of City Streets to other persons to operate cable systems or for other purposes as it determines appropriate, during the term of this Franchise Agreement. Any such franchises shall be granted in a nondiscriminatory and competitively neutral manner, consistent with applicable law. Section 5. Franchise Subject to Communications Act, State Law and Ordinance. A. This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisions of the Communications Act, any amendments thereto, and any other applicable provision of Federal or State Law, existing or hereafter adopted. B. This Franchise Agreement is subject to and shall be governed by all terms, conditions and provisions of Ordinance No. 99-37 of the City, in effect at the time of the effective date of this Agreement, or any extension or renewal hereof, in addition to the terms, conditions and provisions set forth in this Franchise Agreement, and the provisions of the Ordinance shall prevail over conflicting or inconsistent provisions of this Franchise Agreement, 8 unless an explicit intent to amend or modify the Ordinance is herein expressed. Section 6. Franchisee Subject To Other Laws, Police Power. A. The Franchisee is subject to, and agrees to comply with all applicable Federal, State and local laws. B. The Franchisee shall at all times be subject to all lawful exercise of the police power of the City, to the extent not inconsistent with the express terms of this Franchise Agreement. Section 7. Reservation of Rights. A. This Franchise Agreement shall be modified, at the request of the City or Franchisee, after public notice and hearing, to comply with the laws of the State of Florida and Federal Law, including, but not limited to, the rules and regulations promulgated by the Federal Communications Commission. Any such modification shall be in a writing executed by both the City and Franchisee. B. The City reserves all rights to exercise its powers as granted by the Constitution of the State of Florida or by other applicable State or Federal law. Franchisee shall at all times be subject to all lawful exercise of the police power of the City, to the extent not inconsistent with the express terms of this Franchise. C. Subject to applicable law, except as may be specifically provided in the Ordinance or under the terms of this Franchise Agreement, and subject to the Communications Act, the 9 failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this Franchise Agreement or Ordinance, shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance. D. The City reserves the right to acquire, purchase, own and/or operate a Cable System to the extent permitted by local, State and Federal Law. Section 8. Insurance. A. Franchisee shall obtain and maintain insurance of the types and minimum amounts required in Section 57-10 of Ordinance No. 99-37, in such a manner as to comply with each and every requirement of that Section. B. The Franchisee shall provide proof to the City of compliance with this Section no later than sixty (60) days from the date of the Commission resolution approving the grant of the Franchise. Failure to provide the City with proof of insurance within the prescribed time period will be a violation of this Franchise Agreement and subject Franchisee to penalties consistent with this Franchise and the Ordinance. Section 9. Indemnification of the City. Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its elected or appointed officials, employees, committees and boards, against any and all claims, suits, costs, losses, damages, expenditures causes of action, proceedings, judgments for equitable relief, and costs and expenses in 10 accordance with Section 57-10 of Ordinance 99-37 of the City. Section 10. Security Fund. Pursuant to Section 57-11 of Ordinance 99-37, the Franchisee shall establish and maintain a security fund with the City in an amount of Fifty Thousand Dollars ($50,000.00), in the form a cash deposit,performance bond, or letter of credit. Section 11. Construction Bond. Pursuant to Section 57-12 of Ordinance No. 99-37, prior to any Cable System construction, upgrade, rebuild or other work in the streets, Franchisee shall furnish a construction bond in favor of the City in an amount of not less than Twenty Five Thousand Dollars ($25,000.00). Failure to provide such construction bond to the City no less than ten (10) days prior to the start of any work to be performed in the streets shall constitute a material violation of this Agreement and the Ordinance subject to remedies in accordance with Section 57-32 of the Ordinance. The construction bond must be approved by the City, which approval shall not be unreasonably withheld. The construction bond shall be maintained until said construction work hereof is completed and for a period not to exceed six (6) months thereafter. Franchisee shall notify the City in writing when it believes the construction has been completed. Section 12. Use of Streets. A. Franchisee agrees at all times to comply with and abide by all applicable 11 provisions of the City Code. B. All of Franchisee's Cable System distribution facilities shall be installed and maintained in accordance with Section 57-21 of Ordinance No. 99-37. C. If the City is required to perform emergency Street work requiring relocation of Franchisee's facilities in the Streets, then Franchisee shall reimburse the City for its reasonable costs associated with such relocation, to the extent other users of the rights-of-way are so responsible, consistent with applicable law. If circumstances permit, City shall make reasonable efforts to notify Franchisee in advance, so that it may perform the work. Section 13. Minimum Facilities and Services. A. The Franchisee shall provide minimum facilities and services in accordance with Section 57-13 of the Ordinance. Franchisee shall at all times during the term of this Franchise shall perform all necessary repairs, modifications, or other measures to its cable system necessary for the cable system to be capable of passing frequencies of at least 750 MHZ and being fully operational with a minimum channel capacity of at least seventy eight (78) video channels. B. In the event Franchisee fails to maintain the system in the City as required in A above, then the Franchisee agrees that the City may impose fines in the amount of Seven Hundred and Fifty Dollars ($750) per day as of the date Franchisee was required to comply with the provisions of Section 13.A above, as set forth in Section 57-13 of the Ordinance, provided, however, that City shall not impose a fine if the delay is a result of force majeure or other 12 circumstances beyond Franchisee's control. It is agreed that the aforestated fine represents a reasonable estimate of the damages suffered by the City and/or its subscribers, whether actual or potential. C. In the event the Franchisee is required to provide a future system rebuild or upgrade of the Cable System, the date of completion of such rebuild or upgrade will be in accordance with Section 57-13 of the Ordinance. D. Franchisee further agrees to provide Cable Service, without charge, to all City buildings in accordance with Section 57-13 of the Ordinance. Such service shall include the Basic Cable Service tier, including any additional programming added to that level of service. E. School Commitments. 1. Franchisee shall, upon request, provide at least one cable television service outlet and when technically feasible and available in the area, at least one standard installation connection to a cable on-line service to each public elementary and secondary school within its franchise area that is passed by its cable system, and shall provide Basic Cable Service and cable on-line service to those installations at no cost to the City or school involved, and shall charge no more than its time and material costs for any additional cable service outlets (including cable on- line service) to such facilities. pursuant to Section 57-13 of the Ordinance. Notwithstanding anything herein to the contrary, the Franchisee shall provide installations and service as required herein, to all public schools serving the City of Ocoee, within the physical boundaries of the City. 13 2. Any school connected pursuant to subparagraph 1 above may elect to install its own internal wiring (provided such wiring meets required technical specifications) and to bear the cost thereof. Basic Service shall be provided to each outlet in all connected schools, at no cost to the City or school involved. 3. Franchisee may provide a free education program listing to each connected school. Such educational program listing will identify and describe programming on Franchisee's system that is appropriate for use in the classroom and will provide suggested curriculum support ideas. 4. Franchisee may provide to each connected school materials for teachers that explain the educational applications of Franchisee's broadband cable systems and services. If provided, the materials will be provided to all connected schools. 5. Nothing herein shall preclude Franchisee from providing benefits to schools which exceed those provided herein. F. All video signals received for transmission that contain closed circuit captioning information for the hearing impaired shall in turn contain such information in the form received when transmitted by the cable operator to the subscribers of the system. G. Franchisee shall comply with technical standards as set forth in Section 57-14A of the Ordinance. H. Franchisee shall comply fully with all applicable laws concerning handicapped or disabled persons, and shall indemnify and hold the City harmless from any suit, claim, or 14 demand against it for violation of such laws that arises from Franchisee's provision, or failure to provide, services in conformity with such laws. I. Any and all rights which the City may have, now or in the future, to regulate the Franchisee's provision of the cable Internet services are hereby reserved by the City and may be exercised at any time throughout the term of this Franchise Agreement, unless otherwise prohibited by applicable law. If Franchisee provides access to its System to Internet Service Providers on an open, non-discriminatory basis on a Cable System owned or operated by the Franchisee, its parents, Affiliates or subsidiaries serving the City of Orlando, Franchisee shall provide access on such basis on any service which the Franchisee provides in the City. Section 14. Technological Improvements to System. A. Throughout the term of this franchise, the Franchisee shall construct, operate, maintain and upgrade the Cable System in order to ensure that it continuously conforms to the State-of-the-Art as defined in the Ordinance. B. Pursuant to Section 57-17 of Ordinance 99-37 of the City, the Franchisee shall, upon request, report annually in writing to the City Manager, a summary of the previous year's activities in development of the State of the Art of cable systems and the system serving the City including but not limited to, services and products initiated or discontinued, new technologies, number of subscribers , homes passed, and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including system upgrades, during 15 the year with any projections previously provided to the City, as well as rate and charge increases and/or decreases for the previous fiscal year. It is the obligation of the Franchisee to include within this report any and all information necessary to evaluate Franchisee's system as compared to the definition of"State of the Art" as defined in Section 57-2 of the Ordinance. C. The Franchisee shall make such technically and commercially feasible improvements to its System as may be necessary to bring the System to the State of the Art, pursuant to Section 57-13 of the Ordinance. D. Any upgrade or rebuild of a Franchisee's Cable System ordered by the City Commission pursuant to this Section and the Ordinance may include such incentives as the Commission may deem appropriate to ensure timely compliance by the Company to the extent provided in the Ordinance. Section 15. Technical Standards. Franchisee shall maintain and operate its Cable System, at a minimum, in full compliance with Section 57-14 of Ordinance No. 99-37. Section 16. Proof of Performance Tests. Franchisee shall perform, at its expense, the proof of performance tests as required by Section 57-14 of Ordinance No. 99-37. Section 17. Access Channels and Facilities. A. Access Channel Capacity. Pursuant to Section 57-15 of the Ordinance, 16 Franchisee shall provide the City for its exclusive use with one (1) activated access channel for educational and/or governmental access use, as determined by the City, and shall make available on the System an Orange County government access channel subject to the following terms and conditions: 1. Franchisee shall make available the City of Ocoee access channel on those portions of its cable systems in the City of Winter Garden, the City of Oakland and the western part of unincorporated Orange County in which the channel was previously available provided that the appropriate franchising authority requires carriage of the channel as the franchising authority's government access channel. 2. With specific regard to the Franchisee's obligations set forth in subsection 1 above, some customers may not receive the channel due to the fact that the design of the cable system as recently upgraded does not precisely correspond to governmental boundaries or to the design of the system prior to the upgrade. 3. Franchisee shall continue to maintain adequate capacity on its System to permit the upstream transmission of programming from the City Hall Building for the purpose of carriage of the programming on the City government access channel. 4. Franchisee shall continue to maintain adequate capacity on its System to permit the upstream transmission of programming from West Orange High School for the purpose of carriage of the programming on the City government access channel, provided that, since the location is outside the boundaries of the City, the Franchisee has the right to install its 17 facilities necessary to meet this obligation. 5. Franchisee shall make available and maintain all necessary headend and system electronic and distribution equipment so that any programming transmitted upstream on the upstream channel from the City Hall Building, West Side Vocational Technical School and/or West Orange High School may be transmitted downstream to Subscribers on the City of Ocoee access channel provided pursuant to this Section and Section 57-15 of the Ordinance. 6. Franchisee agrees that all access channels will be provided to Subscribers on the System as a part of Basic Service. If such information is supplied to Franchisee or known by Franchisee, Franchisee will publicize programming on the access channels as a part of any ordinary printed program listings which Franchisee prepares or will include access channel programming listings in any monthly program guide which Franchisee prepares, provided that information concerning access channel programming is provided to or becomes known to Franchisee within the time that other programmers are required to provide such information for inclusion in such program listings or program guide. B. Access Facilities, Equipment and Support. Franchisee shall provide to the City a grant in the amount of Thirty Thousand Dollars ($30,000.00), for equipment for the production of programming for the City's Access Channel. Section 18. Commercial Leased Access. Franchisee shall provide commercial leased access channels as required by Federal Law. 18 Section 19. Emergency Use of Facilities. A. Franchisee shall comply with all FCC rules on emergency use of facilities and consistent therewith emergency communications shall be coordinated through the Orange County Emergency Services Office. B. Franchisee shall provide adequate standby power generating capacity at the Cable System headend and on its system to the extent consistent with its normal operating standards. Section 20. Lock-out Devices. Franchisee shall make available at reasonable charge to any residential Subscriber, upon the request of such Subscriber, a "parental guidance" or "lock-out" device which shall permit the Subscriber, at his or her option, to eliminate the audio and visual transmissions from any Channel reception to the extent technically feasible. Such device may be a function of a converter. Section 21. Closed-circuit Captioning for the Hearing Impaired. Franchisee shall make available at a reasonable charge to any hearing-impaired residential Subscriber, upon the request of such Subscriber, equipment capable of decoding closed-circuit captioning information for the hearing impaired. Section 22. Line Extension Policy. Upon request and payment of all applicable charges, and provided that the requesting person gives Franchisee access to his or her premises in order to 19 furnish, maintain and continue to offer service to that person, Franchisee shall, throughout the term of this Agreement, promptly furnish, maintain, and continue to provide all services distributed over the System to any person at his or her place of residence within the City, in accordance with Section 57-13.B of the Ordinance. Section 23. Cable Home Wiring Commitments. Franchisee will comply with all FCC rules regarding cable home wiring, as amended from time to time. Section 24. Franchise Fee. A. In consideration of the privilege granted herein to use and occupy the Streets to own, construct, install, maintain and operate its Cable System, Franchisee, as compensation for the privilege granted under a franchise for the use of the City's streets to construct and operate a cable system, shall pay to the City 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 City to provide cable services during the term of its franchise; or (2) in the event the Communications Act or other applicable law is amended to permit the City to assess a franchise fee of a greater specific amount or on a broader revenue basis than that specified in (1) above, the Franchisee agrees to pay to the City the new amount after a public hearing in which the public and Franchisee are given an opportunity to comment on the impact of the higher fee. In no event shall a Franchisee pay a Franchise fee greater than the 20 maximum permitted by applicable law. Franchisee will pay to the City such higher amount effective with the next available billing cycle in which the higher charge may be placed on Subscribers bills. B. Franchisee may calculate Gross Revenues for purposes of determining the franchise fee owed on either a cash or accrual basis, provided, however, that Franchisee shall notify the City at least ninety (90) days in advance of any change in the method used, and provided, further, that any such change shall not result in Franchisee's failure to recognize or include any Gross Revenue in its calculation of franchise fee owed to City. If Franchisee calculates Gross Revenues on an accrual basis, Franchisee may subtract its actual bad debt expense determined in accordance with Generally Accepted Accounting Principles for_the relevant period from Gross Revenues, provided, however, that any bad debt subsequently collected shall be included in Gross Revenues in the period in which the bad debt is collected. C. Franchisee shall pay the franchise fee to the City in full compliance with the requirements set forth in Section 57-16 of Ordinance No. 99-37. D. The quarterly statements required to be filed by the Franchisee with the City pursuant to Section 57-16.0 of Ordinance No. 99-37 shall be shall be certified by a certified public accountant and the Franchisee's chief financial or other duly authorized officer. Franchisee shall bear the cost of the preparation of such statements. E. The acceptance by the City of any payment from Franchisee of the franchise fee shall not constitute a release or an accord and satisfaction of any claim the City may have against 21 Franchisee for performance of any of its obligations under Ordinance No. 99-37, this Franchise Agreement, or local, State or Federal Law, including, without limitation, Franchisee's obligation to pay the proper franchise fee amount owed, subject, however, to applicable statute of limitations, if any. F. Following the expiration or the termination for any reason of its Franchise, Franchisee shall pay the franchise fee owed as of the date that its operations ceased within thirty (30) calendar days of ceasing such operations. Such payment shall be accompanied by a Gross Revenues audit report prepared by a certified public accountant or duly authorized officer of Franchisee showing the revenues received by Franchisee since the end of the previous fiscal year. G. Franchisee expressly agrees that: (i) the "franchise fee" includes any tax, fee, or assessment of any kind imposed by the City or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such; (ii) the "franchise fee" does not include any tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers; (iii) the franchise fee does not include capital costs which are required by the franchise to be incurred by the cable operator for educational or governmental access facilities; (iv) the franchise fee does not include requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bond, security funds, letters of credit, insurance, indemnification,penalties, or liquidated damages; (v) Franchisee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said 22 franchise fee payments from or against any of said City taxes or other fees or charges of general applicability which Franchisee is required to pay to the City, which are specified in parts (ii); (iii) and (iv); (vi) Franchisee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges of general applicability, which are specified in parts (ii); (iii) and (iv); (vii) Franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability which are specified in parts (ii); (iii) and (iv) as a deduction or other credit from or against any of its franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of Franchisee. Section 25. Reports and Records. Franchisee shall furnish the City with all of the information as required under Sections 57-17 and 57-18 of Ordinance No. 99-37. Section 26. Right to Inspect Financial Records and Facilities. A. Franchise shall abide by the provisions of Sections 57-17 and 57-18 of the Ordinance with respect to reports and records. B. Pursuant to Section 57-17 and Section 57-33.D of Ordinance No. 99-37, the City shall have the right to inspect, at Franchisee's local office, and the books and records specified in Subsection 26.A hereof and such other records as may be required by the City to perform its regulatory responsibilities under Ordinance No. 99-37 or applicable Federal Law. The City agrees to carry out any such inspection during Franchisee's normal business hours and upon 23 reasonable notice. Access by the City, consistent with Section 57-17.D of the Ordinance, to perform its regulatory responsibilities to Franchisee's books and records shall not be denied on grounds that such books and records contain proprietary or confidential information. C. The City shall accord all books and records that it inspects under this Section the degree of confidentiality in accordance with Section 57-17 of Ordinance 99-37. D. Pursuant to Section 57-18 and Section 57-33 of Ordinance No. 99-37, the City shall have the right to inspect Franchisee's facilities and property during Franchisee's normal business hours and upon reasonable notice. Section 27. Customer Service Requirements. A. Franchisee agrees to comply with each of the customer service requirements set forth in Section 57-18 of Ordinance No. 99-37. B. To the extent consistent with applicable law, for thirty (30) days after notice of retiering or rate increases, a customer may obtain changes in service tiers at no additional charge. Section 28. City Purchase of Cable System. The City may, upon the recommendation of the City Manager and the approval of the Commission, acquire ownership of and operate Franchisee's Cable System in accordance with Section 57-25.E of Ordinance No. 99-37. Section 29. Modification of Franchise. Franchisee shall file an application with the City for any modification of its Franchise pursuant to Section 57-8 of Ordinance No. 99-37. The 24 application shall fully conform with each of the requirements set forth in that Section that apply to applications for modification. Section 30. Transfer of Franchise. A. No transfer of a franchise shall occur without prior approval of the City, pursuant to Section 57-24 of the Ordinance, which shall not be unreasonably withheld. B. Franchisee shall file an application to transfer its Franchise or to transfer control of Franchisee in full compliance with Sections 57-8 and 57-24 of Ordinance No. 99-37. Section 31. Procedures for Requesting Approval of Transfer. In addition to the requirements set forth in Sections 57-8 and 57-24 of Ordinance No. 99-37, the following procedures shall be followed by Franchisee in requesting the City's consent to transfer its Franchise or to transfer control of Franchisee. A. At least one hundred twenty (120) calendar days prior to the contemplated effective date of a transfer, Franchisee shall submit to the City an application for approval of the transfer. Such application shall include the following: 1. A statement of the reason for the contemplated transfer. 2. The name, address and telephone number of the proposed transferee. 3. A detailed statement of the corporate or other business entity organization of the proposed transferee, including but not limited to the following: 25 (a) The names, business addresses, state of residence and country of citizenship of all general partners and/or corporate officers and directors of the proposed transferee. (b) The names, business addresses, state of residence and country of citizenship of all persons and entities having, controlling, or being entitled to have or control ten percent (10%) or more of the ownership of the proposed transferee and the respective ownership share of each such person or entity. (c) A detailed and complete financial statement of the proposed transferee, prepared by a certified public accountant if audited statements were made, and if not, by a duly authorized financial officer of the proposed transferee, for the fiscal year immediately preceding the date of the request for transfer approval, and a letter or other acceptable evidence in writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate description of the amount and sources of funding for the proposal transaction and its sufficiency 'to provide whatever capital shall be required by the proposed transferee to construct, install, rebuild, maintain and operate the proposed system in the City consistent with the terms of the Franchise. (d) A description of all previous experience of the proposed transferee in operating Cable Systems and providing Cable Services or related or similar services. (e) A detailed description of the proposed plan of operation of the proposed transferee,which shall include,but not be limited to the following: 26 (i) A detailed map indicating all new areas proposed to be served, a proposed time schedule for the installation of all equipment necessary to become operational throughout the new areas to be served, and the projected total cost for new construction of the System. (ii) A statement or schedule setting forth all proposed classifications of rates and charges to be made against Subscribers and all rates and charges and to each of any said classifications, including installation charges, service charges, special, extraordinary, or other charges. 4. Upon request, the proposed purchase price of the Cable System, and the terms and conditions of the proposed transfer. Section 32. Renewal of Franchise. The provisions of Sections 57-8, 57-9 and 57-23 of Ordinance No. 99-37 shall govern any and all proceedings to renew this Franchise. If Franchisee decides to initiate a formal renewal process in accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g), it and the City must comply with each of the requirements in the Communications Act as well as the additional requirements set forth in Section 57-23 of Ordinance No. 99-37. Section 33. Rates. A. Nothing in Ordinance No. 99-37 or this Franchise Agreement shall prohibit the 27 City from regulating rates for Cable Service, installation, disconnection, and equipment rental to the full extent permitted by and consistent with State and Federal Law. B. Franchisee further agrees that it shall not increase rates or charges for Basic Cable service, installation, disconnection, or equipment rental without such notice as required by • applicable laws and regulations. C. Franchisee shall at all times comply with the provisions of Section 57-20 of the Ordinance with respect to nondiscriminatory rates. D. Franchisee shall not engage in predatory policy or any other anti-competitive business practice prohibited by applicable law. Section 34. Enforcement Remedies. A. Liquidated Damages. Because the City may suffer damages from any violation by Franchisee of this Agreement or of Ordinance No. 99-37, which damages may be difficult to quantify, the City and Franchisee agree that liquidated damages shall be paid to the City by Franchisee for violations of this Agreement or the Ordinance in accordance with applicable provisions of Ordinance 99-37. B. Revocation or Termination of Franchise. Franchisee's Franchise is subject to revocation pursuant to Section 57-25 of Ordinance No. 99-37 for any of the reasons set forth therein. In the event the City exercises its right to revoke the Franchise, the procedures set forth in Section 57-25 of Ordinance No. 99-37 shall apply. 28 Section 35. Area-wide Interconnection. A. For purposes of carriage of the City of Ocoee access channel, the City may request Franchisee to interconnect with any or all other franchised Cable Systems located within the City or serving Subscribers within the City, provided that interconnection is technically feasible and Franchisee and the other operator agree upon reasonable interconnection arrangements, including an allocation of the costs of interconnection between Franchisee and such other operator that is reasonable in light of the relative benefits and burdens, including consideration of support provided for educational and governmental access purposes. Interconnection of Systems shall permit transmission and reception of program material, and may be done by direct cable connection,microwave link, satellite, or other appropriate method. B. Upon receiving the request of the City to interconnect with Cable Systems, Franchisee shall, where it does not own the affected System or Systems, immediately initiate good faith negotiations with the operators of the other affected System or Systems in order that costs for construction and operation of the interconnection link may be shared equitably among the Systems. Franchisee shall report to the City the results of such negotiation no later than sixty (60) days after the City's request. Where Franchisee owns the affected System, Franchisee shall report to the City on the timing, method and cost of interconnection within thirty (30) days of the City's request. C. The Franchisee may be granted reasonable extensions of time to interconnect. The 29 City may rescind its request to interconnect upon petition by the Franchisee to the City, if the City finds that (1) the Franchisee has negotiated in good faith and has failed to obtain an approval from the System or Systems of the proposed interconnection; or (2) the cost of the interconnection would be unreasonably high. Section 36. Written Notice of Acceptance. Within sixty (60) days of the Effective Date of the Commission resolution approving the grant of this Franchise, Franchisee shall provide the City with written acceptance of all the terms and conditions of this Franchise Agreement. Franchisee's failure to comply in full with this Section shall render this Franchise Agreement and the Franchise null and void with no further action by the City, unless the City agrees in writing to extend such period. Section 37. No Opposition. A. By execution of this Franchise Agreement, the Franchisee accepts the validity of the terms and conditions of this Franchise Agreement and Ordinance No. 99-37 in their entirety, and the processes and procedures pursuant to which this Franchise Agreement was entered into and the Franchise was granted. B. In the event that after the Effective Date of this Franchise Agreement, or Ordinance No. 99-37, pursuant to which the Franchise is granted, an official act of any court, agency, commission, legislative body, or other authority of competent jurisdiction(1) renders the 30 Ordinance or the Franchise invalid in whole or in part, or (2) requires the Franchisee or the City either to (a) perform any act which is inconsistent with any provision of the Ordinance or this Franchise Agreement, or (b) cease performing any act required by any provision of the Ordinance or this Franchise Agreement, the Franchisee shall promptly notify the City of such fact. Franchisee and the City shall enter into good faith negotiations to amend this Franchise Agreement so as to enable the Franchisee and/or the City to perform the obligations of the Franchise and enable Franchisee to provide services for the benefit of the City and its residents required by the Franchise to the maximum extent consistent with said official act. C. Nothing herein shall limit the ability of Franchisee to lobby or otherwise exercise its First Amendment right in pursuit of a change in generally applicable federal, state or local law. Section 38. Execution in Counterpart. This Franchise Agreement may be executed in counterpart. 31 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor ATTEST: Name: Title: (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 20 LEGALITY this day of UNDER AGENDA ITEM NO. , 20 LEIBOWITZ & ASSOCIATES,P.A., Special Counsel By: Name: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 32 Agreed to and Accepted by Franchisee: TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP, D/B/A/ TIME WARNER COMMUNICATIONS, INC. By: Name: Title: ATTEST: AS TO "FRANCHISEE" AS TO "FRANCHISEE" DATE: SECTION 4. Repeal of Conflicting Resolution. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 5. Savings. All rates, fees, charges and financial obligations previously accrued pursuant to the ordinances and resolutions repealed by the Cable Communications Ordinance or this Resolution shall continue to be due and owing until paid. SECTION 6. Severability. If any part, section, subsection, or other portion of this Resolution or any application thereof to any person or circumstance is declared void, 33 unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Resolution, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Resolution, and that it would have enacted this Resolution regardless of the invalid or prescribed provision or application. SECTION 7. Applicable Law. This Resolution shall be construed in accordance with the law of the State of Florida and is subject to applicable local, state and federal law. SECTION 8. Effective Date. This Resolution shall take effect immediately upon passage by the City Commission. SECTION 9. Charter Compliance. Pursuant to Section C-8.H of the Charter of the City of Ocoee, this Resolution has been approved after an advertised public hearing preceeded by at least thirty (30) days notice of the hearing and the proposed action and publication of such notice once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. 34 PASSED AND ADOPTED this day of , 20 . CITY OF OCOEE, FLORIDA ATTEST: Name: S. Scott Vandergrift, Mayor Title: (SEAL) FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 20 LEGALITY this day of UNDER AGENDA ITEM NO. , 20 LEIBOWITZ &ASSOCIATES, P.A., Special Counsel By: Name: 35 cia • 0 Thursday, February 3, 2000 The Orlando Sentinel,Thursday,February 10,2000 K73. NOTICE OF PUBLIC HEARING CITY OF OCOEE I Notice is hereby given pursuant I NOTICE OF PUBLIC HEARING to Article VIII of the Constitution, of the State of Florida and Sec-i CITY OF OCOEE• tion 166.041, Florida Statutes.' Notice is hereby given,pursuant to Arti- Charterand Articleof theII,Section C-8(e . cle VIII of the Constitution,of the State tha of City of Ocoee. of Florida and Section 166.041,Florida will thehold Ocoee City Commission Statutes,and Article II,Section C-8(H), Co mia public a bens in Cityy Charter of the City of Ocoee,that the Commission Chambers, Hall, located at 150 N. Lake- Ocoee City.Commission will hold a shore Drive,Ocoee.Florid dur-. public hearing in the Commission Chambers,City Hall,located at 150 N. ing a regular session to be held: Lakeshore Drive,Ocoee,Florida during on March 7,2000,at 7:15 p.m.,; a regular session to be held on Marc or as soon thereafter as possi-! 7,2000,at 7:15 p.m.,or as soon there- ble, in order to consider the' after as possible,in order to consider adoption of the following resole- the adoption of the following resolution: lion: RESOLUTION NO.2000-02 ' RESOLUTION NO.2000-02 A RESOLUTION OF THE CITY A RESOLUTION OF THE CITY OF OF OCOEE, FLORIDA, AP- OCOEE, FLORIDA, APPROVING A PROVING A FRANCHISE AND FRANCHISE AND CONSTITUTING A CONSTITUTING. A FRAN. FRANCHISE AGREEMENT WITH CHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT - TIME WARNER ENTERTAIN- ADVANCE/NEWHOUSE PARTNER- MENT - ADVANCE/NE- SHIP,D/B/A TIME WARNER COMMU- WHOUSE PARTNERSHIP,D/B/ NICATIONS,INC.,('TIME WARNER') A TIME WARNER COMMUNI- PURSUANT TO THE CITY OF OCOEE, CATONS,INC.,("TIME WARN- FLORIDA CABLE TELEVISION CODE, ER")PURSUANT TO THE CITY ADOPTED BY ORDINANCE NO.99- OF OCOEE,'FLORIDA CABLE 37,TO OWN,OPERATE AND MAIN- TELEVISION CODE,ADOPTED TAIN A CABLE TELEVISION SYSTEM BY ORDINANCE NO.'99-37; IN THE CITY OF OCOEE,FLORIDA, TO OWN, OPERATE AND AND SETTING FORTH CONDITIONS . MAINTAIN A CABLE TELEVI- ACCOMPANYING THE GRANT OF •SION SYSTEM IN THE CITY • SUCH FRANCHISE AND PROVIDING OF OCOEE, FLORIDA, AND ! FOR REGULATION AND USE OF SETTING FORTH CONBI- ' SUCH SYSTEM; PROVIDING FOR TIONS ACCOMPANYING THE CONFLICTS;•PROVIDING FOR SEV- GRANT OF SUCH FRANCHISE ERABILITY;AND PROVIDING A SAV- AND PROVIDING FOR REGU- INGS CLAUSE AND EFFECTIVE DATE LATION AND USE OF SUCH THEREFORE. SYSTEM; PROVIDING FOR CONFLICTS;PROVIDING FOR Interested parties may appear at the SEVERABILITY;AND PROVID- meeting and be heard with respect to ING A SAVINGS CLAUSE AND the proposed action.A copy of the pro- EFFECTIVE DATE,THERE- posed resolution may be examined in FORE, the office of the City Clerk at Ciry Hall, 150 N.Lakeshore Drive,Ocoee,Florida, Interested parties may appear at I between the hours of 8:00 a.m.and the meeting and be heard with 5:00 p.m.,Monday through Friday,ex- respect to the proposed action. ceps legal holidays. A copy of the proposed resole- NOTICE:Any person who desires,to tion may be examined in the of- appeal any decision made by Commis- lice ot,the City Clerk at City Hall, sion with respect to any matter consid- 150 N.Lakeshore Drive.Ocoee. ered at such meeting will need a record Florida, between the hours of of the proceedings and for such pur- 8:00 a.m.and 5:00 p.m.,Mon- pose may need to ensure that a verba-' day through Friday.except legal tim record of the proceeding is made, holidays. which record includes the testimony NOTICE:Any person who de- and evidence upon which the appeal is sires to appeal any decision based.Persons with disabilities need- made by Commission with re- ing assistance to participate in any of sped to any matter considered these proceedings should contact the at such meeting will need a re- Office of the City Clerk, 150 N.Lake- cord of the proceedings and for shore Drive, Ocoee, FL 34761, such purpose may need to en- (407)656.2322 Ext.1023,48 hours in sure that a verbatim record of advance of the meeting the proceeding is made,which Jean Grafton,City Clerk record includes the testimony February 3,10, and evidence upon which the 17,&24,2000 appeal is based. Persons with disabilities needing assistance 1 OLS3129835 FEB.10,17,24,2000 to participate in any of these proceedings should contact the Office of the City Clerk, 150 N. ' Lakeshore Drive. Ocoee, FL 34761,(407)656.2322'Ext.1023. 48 hours in advance of the meeting. Jean Grafton.City Clerk February 3,10, 17,&24.2000 COR3129810 FEB.3.2000 The Orlando Sentinel,Thursday,February 17,2000 K-3 .K 3' The Orlando Sentinel,Thursday,February 24,2000 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OF OCOEE CITY OF OCOEE Notice is hereby given pursuant to Arti- Notice is hereby given pursuant to Arti- cle VIII of the Constitution of the State cle VIII of the Constitution of the State of Florida and Section 166.041,Florida of Florida and Section 166.041,Florida Statutes,and Article II,Section C-8(H), Statutes,and Article II Section C-8(H), Charter of the City of Ocoee that the Charter of the City of Ocoee,that the Ocoee City Commission will hold a Ocoee Clty Commission will hold a public hearing in the Commission public hearing in the Commission Chambers,City Hall,located at 150 N. Chambers;City Hall,located at 150 N. Lakeshore Drive,Ocoee,Florida during Lakeshore Drive,Ocoee,Florida during a regular session to be held on March a regular session to be held on March 7,2000,at 7:15 p.m.,or as soon there- 7,2000,at 7:15 p.m.,or as soon there- after as possible,in order to consider after as possible,In order to consider the adoption of the following resolution: the adoption of the following resolution: RESOLUTION NO.2000-02 RESOLUTION NO.2000-02 A RESOLUTION OF THE CITY OF A RESOLUTION OF THE CITY OF ' OCOEE, FLORIDA, APPROVING'A OCOEE, FLORIDA, APPROVING A FRANCHISE AND CONSTITUTING A FRANCHISE AND CONSTITUTING A FRANCHISE AGREEMENT WITH FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT- . TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNER- ADVANCE/NEWHOUSE PARTNER- SHIP,D/B/A TIME WARNER COMMU- SHIP,D/B/A TIME WARNER COMMU- NICATIONS, P PURSUANT TO THE CITY OF OCOEE,CTIME PURSUANT TO TH NICATIONS,INC.,E CITY OF OCOEE FLORIDA CABLE TELEVISION CODE, FLORIDA CABLE TELEVISION CODE, ADOPTED BY ORDINANCE NO.99- ADOPTED BY ORDINANCE NO.99- 37,TO OWN,OPERATE AND MAIN- 37,TO OWN,OPERATE AND MAIN- TAIN A CABLE TELEVISION SYSTEM TAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OCOEE,FLORIDA, IN THE CITY OF OCOEE,FLORIDA, AND SETTING FORTH CONDITIONS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF ACCOMPANYING THE GRANT OF SUCH FRANCHISE AND PROVIDING SUCH FRANCHISE AND PROVIDING FOR REGULATION AND .USE OF FOR REGULATION AND USE OF SUCH SYSTEM; PROVIDING FOR SUCH SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEV- CONFLICTS; PROVIDING FOR SEV- ERABILITY;AND PROVIDING A SAV- ERABIUTY;AND PROVIDING A SAV- INGS CLAUSE AND EFFECTIVE DATE INGS CLAUSE AND EFFECTIVE DATE THEREFORE. THEREFORE. Interested parties may appear at the Interested parties may appear at the meeting and be heard with respect to meeting and be heard with respect to the proposed action.A copy of the pro- the proposed action.A copy of the pro- posed resolution may be examined in posed resolution may be examined in the office of the City Clerk at City Hall, the office of the City Clerk at City Hall, 150 N.Lakeshore Drive,Ocoee,Florida, • 150 N.Lakeshore Drive,Ocoee,Florida, between the hours of 8:00 a.m. and between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,ex- 5:00 p.m.,Monday through Friday,ex- cept legal holidays. cept legal holidays. NOTICE:Any person who desires to NOTICE:Any person who desires to appeal any decision made by Commis- appeal any decision made by Commis- sion with respect to any matter consid-. sion with respect to any matter consid- ered at such meeting will need a record ered at such meeting will need a record of the proceedings and for such pur- of the proceedings pnd for such pur- pose may need to ensure that a verba- pose may need to ensure that a verba- tim record of the proceeding is made, tim record of the proceeding is made, which record Includes the testimony which record includes the testimony based I Persons with whichth eed-l is and evidence upon which the appeal i ing assistance to participate in any of based.Persons with disabilities need- these proceedings should contact the ing assistance to participate in any of Office of the City Clerk,150 N.Lake- these proceedings should contact the shore Drive, Ocoee,' FL 34761, Office of the City Clerk, 150 N.Lake- (407)656-2322 Ext. 1023,48 hours In shore Drive, Ocoee, FL 34761, advance of the meeting. (407)656.2322 Ext. 1023,48 hours In Jean Grafton,City Clerk advance of the meeting. February 3,10, Jean Grafton,City Clerk 17,&24,2000 February 3,10, OLS3129835 FEB.10,17,24,2000 , 17,&24,2000 OLS3129835 FEB.10,17,24,2000