HomeMy WebLinkAboutAgenda Packet 02-18-1997CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSIDERATIONS:
'ity of Cape Canaveral
CIL REGULAR MEETING
Y HALL ANNEX
me, Cape Canaveral, Florida
TUESDAY
�bruary 18, 1997
7:00 P.M.
AGENDA
1. Motion to Approve: The City Council Regular Meeting Minutes of February 4, 1997.
2. Motion to Approve: The agreement between the City of Cape Canaveral and Brevard
County providing for qualified lifeguards for the period commencing
March 29, 1997 and terminating on September 1, 1997, in the amount
of $7,245.
3. Motion to Approve: Change Order No. 1 to Frank Schmidt Contractor, Inc. in the amount
of $3,748.86 for the Police Annex Renovation Project.
4. Motion to Approve: Grant award agreement with the Florida Communities Trust for the
Manatee Sanctuary Park.
RESOLUTIONS:
5. Motion to Approve: Resolution No. 97-05, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, FLORIDA SUPPORTING EXTENDING THE
EXISTING LOCAL OPTION GASOLINE TAX THROUGH
THE YEAR 2011.
g:lcityclk\agenda\regular\ I99T02-18-97.doc
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
tty Council Regular Meeting Agenda
,JOPFebruary 18, 1997
Page 2
6. Motion to Approve: Resolution No. 97-06, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING AN
ALLEYWAY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO
PLACE THE PRIVATE ROADWAY ON THE OFFICIAL MAPS
OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.
7. Motion to Approve: Resolution No. 97-07, A RESOLUTION OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; NAMING
ALLEYWAYS LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO
PLACE THE PRIVATE ROADWAY ON THE OFFICIAL MAPS
OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.
8. Motion to Approve: Resolution No. 97-08, A RESOLUTION GRANTING A WATER
SERVICE EASEMENT TO THE CITY OF COCOA FOR THE
CAPE CANAVERAL LIBRARY.
PUBLIC HEARINGS
ORDINANCE - SECOND READING:
9. Motion to Approve: Ordinance No. 01-97, AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA RELATING TO THE PROVISION OF
NATURAL GAS SERVICES BY CITY GAS COMPANY OF
FLORIDA WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY;
PROVIDING A SHORT TITLE; STATING A PURPOSE AND
SEVERAL GOALS; PROVIDING A MARKETING STRATEGY;
PROVIDING DEFINITIONS; GRANTING A FRANCHISE;
PROVIDING A TERM AND EFFECTIVE DATE; SETTING FORTH
TERMS FOR FRANCHISE OPERATION AND TRANSFER OF
OWNERSHIP OR CONTROL; PROVIDING FOR FRANCHISE
FORFEITURE OR REVOCATION; REQUIRING LIABILITY
INSURANCE AND INDEMNIFICATION TO THE CITY;
REQUIRING A PERFORMANCE BOND; PROVIDING FOR DESIGN
AND CONSTRUCTION PROVISIONS; PERMITTING CITY
REVIEW OF BOOKS AND RECORDS OF FRANCHISEE;
PROHIBITING PREFERENTIAL OR DISCRINIINATORY
PRACTICES; SETTING FORTH SERVICE STANDARDS FOR
SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING
FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
JIFFebruary
ouncil Regular Meeting Agenda
18, 1997
REPORTS -
10, City Manager's Report.
ADJOURNMENT:
If any person decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based (FS 28 6.0105).
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 4, 1997
MINUTES
The Regular Meeting of the Cape Canaveral City Council was called to order at 7:03 P.M. by
Mayor Porter.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Clerk
PRESENTATIONS:
John Porter
Rocky Randels
Burt Bruns
Tony Hernandez
Buzz Petsos
Bennett Boucher
Anthony Garganese
Susan Stills
Present
Present
Present
Arrived at 8:40 - Jury Trial
Present
Present
Present
Present
Mayor Porter presented a plaque to Lt. Steve Salvo and commended him on accomplishing the
Sherifrs Department's goals during his tenure as chief at Cape Canaveral Precinct. Council
members also commended him respectively.
CONSIDERATIONS:
Motion to Approve the City Council Regular Meeting Minutes of January 14 and City Council
Regular Meeting Minutes of January 23, 1997.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City
Council Regular Meeting Minutes of January 14, 1997. The motion passed 4-0, with voting as
follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
Mayor Porter stated for the record that the previously stated motion was to approve the minutes
of January 14, 1997 only.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City
Council Regular Meeting Minutes of January 23, 1997. Mr. Randels made a motion to amend the
minutes and to strike his name on Page 3, top paragraph since he was absent from that meeting.
The motion to amend the minutes of January 23, 1997 passed 4-0, with voting as follows: Mr.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 2
Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion
passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor
Pro Tem Randels, For.
2. Motion to Approve the Tricon Development request for a ninety (90) day extension to a
temporarypermit for a construction trailer.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve the
Tricon Development request for a ninety (90) day extension for a temporary permit for a
construction trailer. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos,
For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
3. Motion to Approve the Quarters Treasurer's Report and Budget Transfers.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the
Quarterly Treasurer's Report and Budget Transfers. Ms. Haggerty -Barker reported that the city's
excess revenues over expenditures was $117,000. She explained that the previously anticipated
cash forward amount would be decreased from $77,000 to $54,000, however the Sheriffs
Department vehicle purchases and the Cocoa Beach school resource officer had been included in
the transfers. The amended figures for the Budget transfers are Public Safety: "Police Service
Contract," Budget Amendment revised to $53,987, December 31, 1996 Balance revised to
$994,041 and General Fund Non -Departmental: "Contingency" Budget Amendment revised to
$36,899, December 31, 1996 balance revised to $43,809. Ms. Haggerty -Barker reported that the
City is in positive financial standing. The motion passed 4-0, with voting as follows: Mr. Bruns,
For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
4. Motion to Approve the p rp_opriation of $20,000 for an operations and maintenance manual
for the Wastewater Treatment Plant by Hartman & Associates, Inc.
A motion was made by Mayor Pro Tem Randels and seconded by Mayor Porter to approve the
appropriation of $20,000 for an operations and maintenance manual for the Wastewater
Treatment Plant by Hartman & Associates, Inc. Walter Bandish, Chief Operator, Wastewater
Treatment Plant explained that the manual was necessary for the permitting with the Florida
Department of Environmental Protection. The motion passed 4-0, with voting as follows: Mr.
Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
5. Motion to Approve the Appropriation of Beautification Funds to Landscape the Tower
Boulevard Medians Including Annual Maintenance Fees.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the
appropriation of Beautification Funds in the amount of $1,195 to landscape the Tower Blvd.
medians. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor
Porter, For; and Mayor Pro Tem Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 3
6. Motion to Approve Resolution No. 97-04:
Mayor Porter read the title of the Resolution.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO
CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH
MANAGEMENT AND SUPPORTING HOUSE BILL 103.
A motion was made by Mr. Petsos and seconded by Mr. Porter to approve Resolution No. 97-
04, urging the 1997 Florida Legislature to create a dedicated funding source for statewide beach
management and supporting House Bill 103. The motion passed 4-0, with voting as follows: Mr.
Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For,
PUBLIC HEARINGS
ORDINANCE - SECOND READING:
7. Motion to Adopt, Ordinance No. 25-96.
Mayor Porter read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY FLORIDA, IMPOSING A 180 DAY MORATORIUM ON ISSUING
NEW PERMITS FOR CELLULAR TELEPHONE OR SIMILAR TYPE
COMMUNICATION ANTENNAS IN THE CITY OF CAPE CANAVERAL;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to adopt Ordinance No. 25-96 at
second reading. City Attorney, Anthony Garganese, recommended an addition to the last
WHEREAS clause to read, "to protect the public health, safety and welfare of the citizens of
Cape Canaveral, and to ensure competition among telecommunication providers." A motion was
made by Mr. Randels and seconded by Mr. Petsos to amend Ordinance No. 25-96 to include "to
protect the public health, safety and welfare of the citizens of Cape Canaveral, and to ensure
competition among telecommunication providers" in the last WHEREAS clause. The motion to
amend Ordinance No. 25-96 passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 4-0, with voting as
follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 4
ORDINANCE - FIRST READING:
8. Motion to Approve Ordinance No. 97-01, for second reading.
Mayor Porter read the title of the Ordinance.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA
RELATING TO THE PROVISION OF NATURAL GAS SERVICES BY CITY
GAS COMPANY OF FLORIDA WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY; PROVIDING A SHORT TITLE; STATING A PURPOSE AND
SEVERAL GOALS; PROVIDING A MARKETING STRATEGY; PROVIDING
DEFINITIONS; GRANTING A FRANCHISE; PROVIDING A TERM AND
EFFECTIVE DATE; SETTING FORTH TERMS FOR FRANCHISE OPERATION
AND TRANSFER OF OWNERSHIP OR CONTROL; PROVIDING FOR
FRANCHISE FORFEITURE OR REVOCATION; REQUIRING LIABILITY
INSURANCE AND INDEMNIFICATION TO THE CITY; REQUIRING A
PERFORMANCE BOND; PROVIDING FOR DESIGN AND CONSTRUCTION
PROVISIONS; PERMITTING CITY REVIEW OF BOOKS AND RECORDS OF
FRANCHISEE; PROHIBITING PREFERENTIAL OR DISCRIMINATORY
PRACTICES; SETTING FORTH SERVICE STANDARDS FOR SEVERABILITY;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No.
97-01 for second reading. Robin Lloyd, attorney for City Gas Co. was present for
discussion. Mr. Lloyd explained that a Cape Canaveral customer could receive the utility if
a marketing analysis was performed and if the installation was economically feasible for
the Gas Company. Discussion developed around Sections 3.3, "Marketing Strategy" and
Section 4.5, "Gross Annual Revenue" in the franchise agreement. Mr. Hernandez arrived
during discussion at 8:40 P.M. A motion was made by Mayor Porter and seconded by
Mr. Randels to amend Ordinance No. 97-01 to include the effective date of February 18,
1997 and the termination date of February 18, 1997 and to change the verbiage in
Paragraph 4.5 of the ordinance to read, "Gross Annual Revenue" means all receipts
derived directly and indirectly from the transport and sales the eper-eAien of the Natural
Gas in the Franchise Area. The motion to amend Ordinance No.
97-01 passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr.
Petsos, For; Mayor Porter, For; Mayor Pro Tem Randels, For. The main motion passed
5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor
Porter, For; Mayor Pro Tem Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 5
DISCUSSION:
9. Evaluation of City Engineers Stottler, Starmer & Associates.
Mayor Pro Tem Randels stated that Council may want to consider renegotiating the City's
contract with Stottler, Starmer & Associates. Discussion followed on the fee structure for site
plans. Council recommended by majority that staff work with John Pekar of Stottler,
Starmer & Associates to renegotiate the present contract.
RRPORTS
10. City Manager's Report.
Mr. Boucher commended Walter Bandish, Chief Operator, Wastewater Treatment
Plant and Amelia Hernandez, Laboratory Technician H for their parts in the new facilities
opening on Saturday, February 1 st. He commented that tours are available throughout the
week of February 3rd.
Mr. Boucher stated that Wuesthoff Hospital would like to put a mobile health unit at the
ballfield. Council concurred by majority that this would be a worthwhile effort.
Mr. Boucher requested that Council review the verbiage on the library plaque. Mr.
Hernandez agreed that the plaque retain Mr. Nicholas' name under City Council.
Mr. Boucher announced that Florida Power and Light had installed 77 street lights to date.
Due to residents' refusals, 15 lights did not make their intended installation.
Mr. Boucher reported on the Police Station Renovation project and reviewed blueprints
with Council on construction activity.
Mr. Boucher addressed the new reuse main transmission. He stated that Cape Canaveral
residents would be thoroughly educated on the expectations and benefits of reuse water.
Mayor Porter announced that the Volunteer Corps would be planting trees in front of First
Union Bank and the old I.B.M. building. Discussion followed on using reuse water to maintain
these newly planted trees.
AUDIENCE TO BE HEARD:
Mr. Tom Seeley, a winter resident, addressed the issue of stray animals on the beach,
especially the dogs. He queried if the city could get volunteer help in this area since there was
no longer a full-time animal control officer. Mr. Boucher said that perhaps the Citizens
Observer Program could be utilized for this purpose, but he would need to ascertain how the
C.O.P. could be authorized to issue citations.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 6
Leo Nicholas expressed concerned that the wastewater treatment plant laboratory was not
renovated during the overall plant improvements. Amelia Hernandez, Lab Technician, stated
that staff was currently rewriting the specifications for new lab cabinets to be placed in the
bidding process. Mr. Nicholas commented that the laboratory appeared substandard in
comparison to such an improved facility. Mayor Porter suggested that staff provide feedback
on possible improvements.
Mr. Nicholas was also concerned with non -working street lights. He suggested the possibility
of the City performing repairs and Florida Power and Light reimbursing the City for the
maintenance.
DEPUTY CLERK:
No report.
CITY ATTORNEY:
No report.
ROCKY RANDELS:
Mayor Pro Tem Randels announced that the V.F.W. distributed several monetary awards
to children at Cape View Elementary school for the "Voice of Democracy" essay contest.
Mayor Pro Tem Randels also commented on the plaque he received for being a judge. He
noted the laser engraving suggesting that the City may want to do likewise on subsequent
awards.
Mayor Pro Tem Randels spoke with the Port and stated that in 1995 the City was awarded
$11,460 for a mitigation project. He stated that there is a provision in the grant which allows
the City to be reimbursed for any money spent since October, 1994 for beach dune
restoration and dune crossovers.
Mayor Pro Tem Randels stated that Port Canaveral would be willing to provide a cruise
terminal for the Space Coast League of Cities dinner on April 10th. He said that the Port
would provide the security, electricity and cleaning for the event and the city would only need
to find a caterer. Mayor Porter recommended that the event be held within Cape Canaveral city
limits since the City is hosting the event. Mr. Randels noted that in order to use the Radisson
Resort for the event, the City would need to allow an additional $3.00 per person for the meal.
Council agreed by majority to pay the additional funds and hold the dinner at the
Radisson Resort.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 4, 1997
Page 7
BUZZ PETSOS:
Mr. Petsos queried if Cocoa Beach had been notified by letter that the reuse water is
available. Mr. Petsos also questioned the status of the School Crossing Guard. Mr. Boucher
reported that the class for one prospective guard is scheduled for February 17, 1997. The
Sheriffs Department is covering the crossing guard post in the interim.
TONY HERNANDEZ:
Mr. Hernandez questioned progress on the outfall and asked that staff research the status. Mr.
Hernandez also announced that he will be working on the Little League fields on Saturday,
February 8th, from 9 A.M. to 1 P.M. , with help from Streets/Maintenance employees,
Donald "Stormy" Evans and Cathy Dawson. He said that volunteer help from residents is
strongly encouraged.
BURT BRUNS:
Mr. Bruns asked Mr. Boucher if there was any feedback from residents on the sewer rate
increase. Mr. Boucher noted that there was no significant response to date. Mr. Bruns also
queried the status on the Applegate property. Mr. Boucher said that the City Attorney and
the Building Official were working on citations.
JOHN PORTER:
Mayor Porter questioned the status of the "First Response in Case of Aerospace Disaster"
bulletins. Council agreed by majority that staff proceed with the mail out.
There being no further business, the meeting adjourned at 10:20 P.M.
John K. Porter, MAYOR
ATTEST:
Susan Stills, DEPUTY CITY CLERK
Meeting Type: Regular
Meeting Date: 02-18-97
GPCIGNAF -
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AGENDA
Heading
Considerations
Item
2
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: LIFEGUARD SERVICE AGREEMENT WITH BREVARD COUNTY
DEPT./DIVISION: RECREATION DEPARTMENT
Requested Action:
That the City Council consider approval of this lifeguard services agreement with Brevard County in the amount
of $7,245.
Summary Explanation & Background:
The level of service is the same as last year with a lifeguard stationed at Tyler Avenue and the roving patrol.
We had budgeted $8,345.
I recommend approval.
Exhibits Attached:
Lifeguard Service Agreement
City Mana er's Office
Department
e:�\cmmcUW2-19-97Uikvd.dm
Meeting Type: Regular
Meeting Date: 02-18-97
CITY
VERA(
AGENDA
Heeding
Considerations
item
3
Na.
remaining Sheriff s Department cash forward.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CHANGE ORDER FOR THE POLICE ANNEX REMODELING PROJECT IN THE AMOUNT
OF $2,999.09
DEPT. /DIVISION: SHERIFF'S DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of a $3,748.86 change order to Frank Schmidt, Contractor, per the
attached documentation.
Summary Explanation & Background:
There were (4) credit items totaling $2,591.91 and (4) additions totaling $5,591.00. The difference is
$2,999.09 plus overhead and profit of $749.77 for a total of $3,748.86. Funds should be allocated from the
remaining Sheriff s Department cash forward.
I recommend approval.
Exhibits Attached:
Change Order No. 1
City Manager's Officef)
Department
STOTTLER STRGG & RSSOC TEL No.14074250197
CHANGE
ORDER
AIA DOCUMENT G701
PROJECT: Cape Canaveral Police Station
(name, address) 111 Polk Avenue
Cape Canaveral, FL
TO CONTRACTOR: Frank Schmidt
2,354 G. Winter Woods Blvd,
Winter Park, FL 32782
The Contract is changed as folkrws:
Feb 12,97 10:09 No.001 P.02
Owner
Architect
Contractor
Field
Other
CHANGE ORDER NO: 01
INITIATION DATE: February 11, 1997
ARCHITECTS PROJECT NO: 95117
CONTRACT DATE:
CONTRACT FOR: Interior Renovations
See attached SSA letter dated February 11, 1997.
Not valid until of ned by the r Architect and Controotor.
The original (Contract Sum) (GuaFanilead MarAmum PFIes) was .................................... ..------------------------------ ••••• $58,000.00
Net change by previously authored Change Orders ------- ........................... ................................................. ............. $00.00
The (Contract Sum) ( ) prior to this Change Order was ............................................ $58.000.00
The (Contract Sum) ( bwdm PFlee) will be (increased) (deweasedl)
(unobbogwil) by this Change Order in the amount of..................................................................................... $3,748.54
The new (Contract Sum) ( ) Including this Change Order will be .............................. $61,748.86
The Contract Time will be ( ) (unchanged) by (0) days
The date of Substantial Completion as of the date of this Change Order therefore is April 8, 1997
NOTE, This summary does not reflect changes in Nle Contract Sum, Contract Time or Guaranteed Maximum Price which have
been authorized by Construction Change Directive.
5tottler Starmer_& Associates Frank Schmidt City of Cape Canaveral
ARCHITECT CONTRACTOR OWNER
338 N. Orange Aye- _ 2354 C. Winter Woods Blvd- 105 Polk Ave.
Address Address Address
Orlando, FL $2801 Winter Park, FL 32792 Cate Canaveral, FI- 32920
BY
By
BY
DateDate Date
02/12/97 09:58 TX/RX NO.8377 P.002
STOTTLER STAGG & RSSOC TEL No.14074250197
February 11, 1997
Cape Canaveral Police Station Modifications
SSA #95117
CHANGE ORDER NO. 1
Feb 12,97 10:09 No.001 P.03
The following changeaJmodifications shall be incorporated into the work:
1. Door. No. 1: Re -use existing door frame and omit electric strike hardware. <322.64>
.2. Door No. 3: Re -use existing door with new wood frame and omit hardware
and electric strike as specified. Existing magnetic hardware to be re -installed
as required. e617'64>
3. Door No. 28: Hallway door to be left in place. Credit door, frame and hardware. <477.54--
4.
477.54>
4.
Counter in Lobby: Credit for new cabinet. Re -installation of existing cabinet
with repair of front edge and re-painting-
`1.174.00'
5.
Additional. drywa 11 and furring of interior masonry Walls specified to be painted
masonry, (Roans 100, 107 & 104).
1,030.00
6.
Additional wall insulation for sound in all "E' walls with thermaAber fiberglass
blankets from floor to roof deck
979.00
7.
Provide neW carpet In all areas of police station up to. door No. 28 M hallway.
Credit $580 for new carpet included in bid and the additional cost for Installed
carpet is $3,250_
2,570.00
$.
Bathroom modifications (Rooms 124, 125, 126 & 123), per attached 8.112 x 11
drawing A-1.
_ 912.00
Subtotal
2.999.09
General Contractor OH&P 25%
749.77
TOTAL
$3,748.88
STOTR,FR 5MARMErR & ASSOCIATES ARCI3rrEcTs • ENGINEAMS 4P PLANNERS. INC.
336 North OrnnAr Acinar Orlando. FtinSO>t 3• M I 'i'EI 407 425 019:1 800 425 V 195 PYX 407 625 0197
I S_ OW6 WEST WALL OF #ILWS itt5lRt)I.1M ANu FrKUVIlJL Ntrr F'AK1111UV {
AS INDICATED. PATCH/REPAIR ALL FINISHES AS REQUIRED IN SGT'S It
02/12/97 09:58 TX/RX NO.8377 P.003
STOTTLER STAGE & ASSOC TEL No.14074250197
Feb 12,97 10:09 No.001 P.04
COUNCIL
ARCHIVES i - -
i
!i ji h
j t E .._- VEST.—
CLOSET ® W RR.
jv
i
l CORK.
iI I OI M Tit /.EM
�
7
77711
,!
TOILET ROOM MOD'S
1. SWING DOOR #31 OUT INTO THE VESTIBULE
2. DECREASE THE WITH OF CLOSET RM 125 TO PROVIDE
18" CLEAR FROM DOOR.
3. DEMO WEST WALL OF MEN'S RESTROOM AND PROVIDE NEW PARTITION
AS INDICATED. PATCH/REPAIR ALL FINISHES AS REQUIRED IN SGT'S
OFFICE ROOM 121.
4. DELETE NEW DOOR #28 AND LEAVE EXISTING DOOR IN COORIDOR
AS—IS. WE HAVE RE—NUMBERED THE EXISTING DOOR #28 FOR REFERENCE.
stottfer starmer & associates
architects engineers planners, inc.
336 north orange avenue oriando, florido 32501
TTILE TOILET RM MODS
FRO,JECT POLICE STATION MODS
Na' 95117 9CALR
ft APW DATE- 6 FEES 97
A-1
02/12/97 09:58 TX/RX NO.8377 P.004 0
Meeting Type: Regular
Meeting Date: 02-18-97
t
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AGENDA
Heading
Considerations
Itcm
q
No.
management plan.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: GRANT AWARD AGREEMENT WITH THE FLORIDA COMMUNMES TRUST FOR THE
MANATEE SANCTUARY PARK
DEPUDIVISION: ADMINISTRATION
Requested Action:
That the City Council consider approval of the Grant Award Agreement with the Florida Communities Trust.
Summary Explanation & Background:
This agreement needs to be executed prior to closing and covers the following areas:
Outlines the general conditions, project site requirements, project site obligations, obligations incurred as a result
of State bond proceeds being utilized to purchase this site and conditions of project site of the approved
management plan.
The city attorney has reviewed this document, and I recommend approval.
Exhibits Attached:
Grant Award Agreement
City Mana er's Office
Department
e.\admin\ommcillmoeti%\02.18-9Mc[.dw
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
P56 AWARD# 95-019-P56
FCT Contract#
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this _ day of , 1997,
by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and. CITY OF CAPE CANAVERAL, a municipality
within Brevard County, Florida]("FCT Recipient"), in order to
impose terms, conditions, and restrictions on the use of the
proceeds of certain bonds, hereinafter described, and the lands
acquired with such proceeds and as described in Exhibit "A"
attached hereto and made a part hereof ("Project Site"), as shall
be necessary to ensure compliance with applicable Florida Law and
federal income tax law and to otherwise implement provisions of
Chapters 253, 259, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the
Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 1 of the Florida Preservation 2000 Act
provides for the distribution of ten percent (10%) of the net
Preservation 2000 Revenue Bond proceeds to the Department of
Community Affairs to provide land acquisition grants and loans to
local governments through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds ("Bonds");
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
that the interest on the Bonds is excluded from the gross income of
Bondholders for federal income tax purposes;
GAA\95-019-P56
1-31-97
WHEREAS, Rule 9K -4.010(2)(f), F.A.C., authorizes FCT to impose
conditions for funding on those FCT applicants whose projects have
been selected for funding in accordance with Rule Chapter 9K-4,
F.A.C.;
WHEREAS, the FCT has approved the terms under which the
Project Site is acquired and the deed whereby the FCT Recipient
acquires title to the Project Site shall contain such covenants and
restrictions as are sufficient to ensure that the use of the
Project Site at all times complies with Section 375.051, Florida
Statutes and Section 9, Article XII of the State Constitution and
shall contain clauses providing for the conveyance of title to the
Project Site to the Board of Trustees of the Internal Improvement
Trust Fund upon the failure of the FCT Recipient to use the Project
Site acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by
an agreement which shall describe with particularity the real
property which is subject to the agreement and shall be recorded in
the county in which the real property is located; and
WHEREAS, the purpose of this Agreement is to set forth the
covenants and restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000 Bond
award.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree as
follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Agreement to be recorded and filed
in the official public records of Brevard County, Florida, as
Exhibit "B" of the warranty deed vesting fee simple title to the
Project Site in the FCT Recipient, and in such manner and in such
other places as FCT may reasonably request, and shall pay all fees
and charges incurred in connection therewith.
2. The FCT Recipient and FCT agree that the State of Florida
Department of Environmental Protection will forward this Agreement
to Department of Environmental Protection Bond Counsel for review.
In the event Bond Counsel opines that an amendment is required to
this Agreement so that the tax exempt status of the Preservation
2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend
the Agreement accordingly.
GAA\95-019-P56
1-31-97 2
3. This Agreement may be amended at any time. Any amendment
must be set forth in a written instrument and agreed to by both the
FCT Recipient and FCT.
4. This Agreement and the covenants and restrictions
contained herein shall run with the Property herein described and
shall bind, and the benefits shall inure to, respectively, the FCT
and the FCT Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
6. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered expedited
service at the addresses specified below or at such other addresses
as may be specified in writing by the parties hereto, and any such
notice shall be deemed received on the date of delivery if by
personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient: CITY OF CAPE CANAVERAL
ATTN:
7. If any provision of the Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall not in any way be affected or
impaired.
II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER
375, AND CHAPTER 380, PART III, FLORIDA STATUTES.
1. If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient does
not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 380.508(4)(e), Florida Statutes.
GAA\95-019-P56
1-31-97 3
2. Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
3. The interest, if any, acquired by the FCT Recipient in
the Project Site will not serve as security for any debt of the FCT
Recipient unless FCT approves the transaction.
4. If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired with
the FCT award shall be conveyed to the Board of Trustees of the
Internal Improvement Trust Fund, unless FCT negotiates an agreement
with another local government or nonprofit organization which
agrees to accept title to all interest in and to manage the Project
Site.
5. In the event that the Project Site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the FCT
Recipient fails to commence or to complete the rebuilding, repair,
replacement or restoration of the Project Site after notice from
the FCT, the FCT shall have the right, in addition to any other
remedies at law or in equity, to repair, restore, rebuild or
replace the Project Site so as to prevent the occurrence of a
default hereunder.
Notwithstanding any of the foregoing, FCT will have the right
to seek specific performance of any of the covenants and
restrictions of this Agreement concerning the construction and
operation of the Project Site.
III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT.
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and historical
resources and for passive, natural resource-based public outdoor
recreation which is compatible with the conservation, protection
and enhancement of the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
uses for the Project Site are specifically designated in the
Project Plan as approved by FCT.
GAA\95-019-P56
1-31-97 4
2. The FCT Recipient shall prepare and submit to FCT an
annual report as required by Rule 9K-4.013, F.A.C.
3. The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
4. FCT Recipient shall ensure, and provide evidence thereof
to FCT, that all activities under this Agreement comply with all
applicable local, state, regional and federal laws and regulations,
including zoning ordinances and the adopted and approved
comprehensive plan for the jurisdiction as applicable. Evidence
shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
5. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or any
use thereof not in conformity with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the Project Site and the
operations of the FCT Recipient at the Project Site.
7. All buildings, structures, improvements, and signs shall
require the prior written approval of FCT as to purpose. Further,
tree removal, other than non-native species, and/or major land
alterations shall require the written approval of FCT. The
approvals required from FCT shall not be unreasonably with- held by
FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land
alterations will not adversely impact the natural resources of the
Project Site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on the
Project Site will be prohibited unless prior written authorization
has been obtained from the Department of State, Division of
Historical Resources.
9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a passive,
natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site. The
FCT Recipient shall erect a sign(s) identifying the Project Site as
GAA\95-019-P56
1-31-97 5
being open to the public and as having been purchased with funds
from FCT and FCT Recipient.
IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND
PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE.
1. If the Project Site is to remain subject, after its
acquisition by the State and the FCT Recipient, to any of the below
listed activities or interests, the FCT Recipient shall provide at
least 60 days written notice of any such activity or interest to
FCT prior to the activity taking place, and shall provide to FCT
such information with respect thereto as FCT reasonably requests in
order to evaluate the legal and tax con- sequences of such activity
or interest:
a. any lease of any interest in the Project Site to a
non-governmental person or organization;
b. the operation of any concession on the Project Site
to a non-governmental person or organization;
C. any sales contract or option to buy things attached
to the Project Site to be severed from the Project Site, with a
non-governmental person or organization;
d. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
e. a management contract of the Project Site with a
non-governmental person or organization; and
f. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
2. FCT Recipient agrees and acknowledges that the following
transaction, events, and circumstances may not be permitted on the
Project Site as they may have negative legal and tax consequences
under Florida law and federal income tax law:
a. a sale of the Project Site or a lease of the Project
Site to a non-governmental person or organization;
b. the operation of a concession on the Project Site by
a non-governmental person or organization;
C. a sale of things attached to the Project Site to be
severed from the Project Site to a non-governmental person or
organization;
GAA\95-019-P56
1-31-97 6
d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the Project Site with a
non-governmental person or organization; and
g. such other activity or interest as may be specified
from time to time in writing by FCT to the FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL
IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT
OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN.
1. The FCT Recipient shall provide outdoor recreational
facilities including elevated walkways, observation decks, picnic
areas, benches, restroom and limited parking on the Project Site.
The facilities shall be developed in a manner that allows the
general public reasonable access for observation and appreciation
of the significant natural resources on the Project Site without
causing harm to those resources.
2. The timing and extent of a vegetative survey of
vegetative communities and plant species on the Project Site shall
be specified in the management plan. The FCT Recipient shall
detail how the survey shall be used during development of the site
to insure the protection, restoration, and preservation of the
natural resources on the Project Site.
3. The mangrove fringe that exists on the Project Site and
adjacent seagrass beds shall be preserved and appropriately managed
to ensure the long-term viability of these communities.
4. The FCT Recipient shall ensure that the Project Site and
listed animal species and their habitat are sufficiently buffered
from the adverse impacts of adjacent land uses, especially the
wastewater treatment plant located directly south of the site.
5. The Project Site shall be managed in a manner that will
optimize habitat conditions for listed wildlife species that
utilize or could potentially utilize the Project Site, including
GAA\95-019-P56
1-31-97 7
the manatee and wading and shore birds. The FCT Recipient shall
coordinate with the Department of Environmental Protection and Game
and Fresh Water Fish Commission on the management of the Project
Site for the protection of listed species and listed species
habitat. The FCT Recipient shall conduct periodic surveys of
listed species using the Project Site and develop informational
signs relating to protection of listed animal species and their
habitat.
6. The FCT Recipient shall restore approximately 7 acres of
the Project Site by removing invasive exotic vegetation from the
shoreline and replanting the site with native vegetative species.
The FCT Recipient shall periodically monitor the site for the
recurrence of exotic species.
7. The FCT Recipient shall coordinate management of the
Project Site with the Department of Environmental Protection's
Banana River Aquatic Preserve Program.
8. Prior to the commencement of any proposed development
activities, measures will be taken to determine the presence of any
archaeological sites. All planned activities involving known
archaeological sites or potential site areas shall be closely
coordinated with the Department of State, Division of Historic
Resources in order to prevent the disturbance of significant sites.
9. The requirements imposed by other grant program funds
that may be sought by the FCT Recipient for activities associated
with the Project Site shall not conflict with the terms and
conditions of the FCT award.
THIS GRANT AWARD AGREEMENT embodies the entire Agreement
between the parties.
GAA\95-019-P56
1-31-97 8
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement.
Witness:
CITY OF CAPE CANAVERAL
BY:
Witness Name: Its:
Witness Name:
Date•
Attest:
Clerk
Accepted as to Legal Form and
Sufficiency:
Date:
FLORIDA COMMUNITIES TRUST
Witness Name: James F. Murley, Cha
Witness Name:
Date:
Accepted as to Legal Form and
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
GAA\95-019-P56
1-31-97 9
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of , 199_ by JAMES F. MURLEY, as Chair of the
Florida Communities Trust. He is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , by , as
He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAA\95-019-P56
1-31-97 10
EXHIBIT "All
Legal Description
A PORTION OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST. THE CITY OF CAPE CANAVERAL. BREVARD
COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS T'OLLOWS: BEGIN AT WE INTERSECTION OF THE SOUTH LINE OF
ANGEL'S ISLE AS RECORDED IN PLAT BOOK 36 AT PAGE 77 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA
AMU THE WEST LINE OF TOWER BOULEVARD. A 60.00 FOOT RICHT OF WAr. AS DESCRIBED IN OFFICIAL RECORDS BOOK
3057 AT PAGE 447 OF T)!E PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00' S0'S�' E. ALONG SAID
WEST RIGHT OF WAY, 1 49.25 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF
1080.00 FEET; THENCE SOUTHEASTERLY. ALONG SAID WEST RIGHT OF WAY AND THE ARC OF SAID CURVE TIIROUGII
A CENTRAL ANGLE OF ! 1.42'24'. 786.15 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL DESCRIBED IN
OFFICIAL RECORDS BOOK 3408 AT PACE 3313 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA; THENCE
N 89.27'20" W. ALONG SAID NORTH LINE. 734.76 FEET TO A POINT ON THE WEST LINE OF THE EAST 3580.00 FEET
OF SAIDSAID SECTION 15: THENCE N 00.50'54" W. ALONG SAID WEST LINE. 861.15 FEET TOA PO/Nf ON TILE SOUTH LINE
OF BEGINNING.
PLAT OF AMCEL'S ISLE; THENCE S 89.27.20' E. ALONG SAID SOUTH LINE, ♦60.96 FEET TO THE POINT OF
BEGINNING.
Page 11
I
Meeting Type: Regular
Meeting Date: 02-18-97
ox I� F
YFAK
AGENDA
Heading
Resolutions
Its
5
No.
The City currently receives $167,000 per year. The Brevard County Commission will consider this issue at
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-05, SUPPORTING THE EXTENSION OF THE SIX CENT LOCAL
OPTION GAS TAX TO THE YEAR 2011
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the adoption of this resolution requesting that the Brevard County Commission
extend this local option gas tax from the year 2001 to the year 2011.
Summary Explanation & Background:
The City Council previously enacted a resolution supporting a five-year extension; the resolution is requesting a
ten-year extension of the local option gas tax.
The City currently receives $167,000 per year. The Brevard County Commission will consider this issue at
their 03/04/97 meeting.
I recommend approval.
Exhibits Attached:
Resolution No. 97-05.
City Mans er's Office
Department
r_
RESOLUTION NO. 97-05
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA SUPPORTING EXTENSION OF THE EXISTING
LOCAL OPTION GASOLINE TAX THROUGH THE YEAR
2011.
WHEREAS, Chapter 336.025, Florida Statutes, authorizes a local option gasoline tax to
be levied upon the sale of motor fuel and special fuel within the County; and,
WHEREAS, the transportation needs of Brevard county are such that local governments
cannot currently fund the transportation improvement projects that are contemplated by their
respective comprehensive plans without additional revenues; and,
WHEREAS, said State Statute authorizes that an Interlocal Agreement may be
established between Brevard County and one or more of the municipalities located within the
County, representing a majority of the population of the incorporated area within the County; and,
WHEREAS, the Brevard County Board of County Commissioners may extend the
duration of the existing six -cent Local Option Gasoline Tax beyond its current expiration in 2001;
and,
WHEREAS, the Space Coast League of Cities, various municipalities in Brevard County,
and the Brevard County Metropolitan Planning Organization have all previously requested the
Brevard County Commission to extend the Local Option Gasoline Tax in order to provide a
reliable revenue stream to assist local governments in meeting their current and future
transportation needs; and,
WHEREAS, high quality transportation facilities in the County and the various
municipalities are a key element for a prosperous economy and as an attraction for expanded
business opportunity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida that:
Section 1. The City of Cape Canaveral hereby requests the Brevard County Commission to
extend the currently enacted six -cent Local Option Gasoline Tax beyond its current expiration in
2001 to 2011.
Section 2. Copies of this resolution shall be provided to the Brevard County Commission.
City of Cape Canaveral
Resolution No. 97-05
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 18th day of
February, 1997.
ATTEST:
Burt Bruns
Tony Hernandez
Sandra O. Sims, CITY CLERK Buzz Petsos
John Porter
Rocky Randels
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
D:\CITYCL-1\CrrYCLK\RES\GASTAX.DOC
John K. Porter, MAYOR
FOR AGAINST
Meeting Type: Regular
Meeting Date: 02-18-97
tw GIIA F
YIAAI.
AGENDA
Heading
Resolutions
Item
certified mail about this change and the council meeting date of 02/18/97.
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-06, NAMING AN ALLEYWAY SUNSET COURT
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider the naming of the alleyway described in Resolution No. 97-06 as Sunset Court.
Summary Explanation & Background:
This name change is consistent with the City Code of Ordinances and the property owners have been notified by
certified mail about this change and the council meeting date of 02/18/97.
Unless there is public comment requesting a different name, I recommend approval of this resolution.
Exhibits Attached:
Resolution No. 97-06• notification letter
City Mana er's Office
Department
\02-18-97\97.06.dw
RESOLUTION NO. 97-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; NAMING AN ALLEYWAY
LOCATED WITHIN THE CITY OF CAPE CANAVERAL,
REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA TO PLACE THE PRIVATE
ROADWAY ON THE OFFICIAL MAPS OF RECORD;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to
name the following road and/or street/alleyway:
Naming Sunset Court, a 24'foot wide roadway located in Section 23 Township 24 South,
Range 37 East, more particularly described as follows: a 24' foot wide roadway running south
to north for approximately 154.35', and centered on the 40' perpetual easement, as described
in the public records of Brevard County in Deed Book 402, Page 190, and as indicated on the
attached map marked "Exhibit A," and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, that:
Section 1, The name Sunset Court be adopted for the name of the above described
roadway.
Section 2. This naming shall become effective upon adoption of this resolution.
Section 3. The Resolution shall be recorded in the Official Records Book in the office of
the Circuit and County Courts, and a copy of same shall be forwarded to the Post Office, Supervisor of
Elections, and all concerned public safety agencies for their information, and that the proper notations
shall be made on all maps of record.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of
February, 1997
ATTEST:
Burt Bruns
Tony Hernandez
Sandra O. Sims, CITY CLERK Buzz Petsos
John Porter
Rocky Randels
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
D:\CrrYCL-I\C ITYC LK\RES\STREETS\SUN SET. DOC
John K. Porter, MAYOR
FOR AGAINST
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
JAMES & LUCINDA PETERSON 28 JAN 97
315 BRIGHTWATER DR. CERTIFIED NO.P138-060-035
COCOA BCH, FL 32931
REFERENCE: PROPERTY, 203 A LONGPOINT ROAD, SUNSET ARMS TOWNHOMES
Dear Property Owner,
In an effort to correctly assign street names and addresses that are consistent with
the City addressing requirements, as well as assist emergency response
E-911 personnel, and other customer service agencies, the City will be assigning new street
names and addresses along these alleyways where your property access is located.
The City Code of Ordinances, Chapter 98 Subdivisions, Section 98-119 Street Names, states;
street name signs shall be installed at the intersection of all streets, carrying the street name
approved on the subdivision plat, and naming of streets shall be in the following manor; streets or
alleyways running north and south that are under 1,000' in length shall be named a "court". The
alleyway that provides access to your property falls into the category of a "court".
The City Council will be discussing this item, with the possibility of adopting and assigning street
names to the alleyways at their February 18, 1997 Council meeting.
The following street name has been selected; Roadway running north to south in front of
townhomes off Long Point Road, "Sunset Court". You are encouraged to attend, to voice any
concerns, suggestions, or comments pertaining to this matter. As listed above; the assigning of
names and installing of street singe, will not only assist emergency response personnel, customer
service oriented agencies, but your friends and relatives as well.
Additional information will follow the final adoption and resolution of these alleyways,
informing you of the newly assigned street name, number address, as well as your requirements to
notify local utility agencies, and of the City's notification of other affected agencies.
If you have any questions concerning this matter, please contact the Building department at 407-
868-1222.
incerely, u�
Greg ullins
Building Department
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX 1407) 799-3170
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C
Meeting Type: Regular
Meeting Date: 02-18-97
s
t.! T
CIT�P a .v.
UK NEpAt
AGENDA REPORT
AGENDA
Heading
Resolutions
item
7
No.
Unless there is public comment requesting a different name, I recommend approval of this resolution.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-07, NAMING OF (2) ALLEYWAYS, PRESIDENTIAL COURT AND
AURORA COURT
DEPT./DIVISION: BUILDING DBPARTNIENT/PUBLIC SAFETY
Requested Action:
That the City Council consider the naming of (2) alleyways described in Resolution No. 97-07 as Presidential
Court and Aurora Court.
Summary Explanation & Background:
This name change is constant with the City Code of Ordinances and the property owners have been notified by
certified mail about this change and the council meeting date of 02/18/97.
Unless there is public comment requesting a different name, I recommend approval of this resolution.
Exhibits Attached:
Resolution No. 97-07• notification letter
City Manageyls Office
Department
RESOLUTION NO. 97-07
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; NAMING AN ALLEYWAY
LOCATED WITHIN THE CITY OF CAPE CANAVERAL,
REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA TO PLACE THE PRIVATE
ROADWAY ON THE OFFICIAL MAPS OF RECORD;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to
name the following road and/or street/alleyway:
Naming Presidential Court, a 12'foot wide alleyway located in Section 23, Township 24 South,
Range 37 East, more particularly described as follows: a 12' foot wide alleyway running
through Block 6 and Block 12, Avon By The Sea, as recorded in the public records of Brevard
County in Plat Book 3, Page 7, and as indicated on the attached map marked "Exhibit A," and
Naming Aurora Court, a 12'foot wide alleyway located in Section 23, Township 24 South,
Range 37 East, more particularly described as follows: a 12' foot wide alleyway running
through Block 24, Avon By The Sea, as recorded in the public records of Brevard County in
Plat Book 3, Page 7, and as indicated on the attached map marked `Exhibit A," and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, that:
Section 1, The names Presidential Court and Aurora Court be adopted for the names of
the above described roadways.
Section 2. This naming shall become effective upon adoption of this resolution.
Section 3. The Resolution shall be recorded in the Official Records Book in the office of
the Circuit and County Courts, and a copy of same shall be forwarded to the Post Office, Supervisor of
Elections, and all concerned public safety agencies for their information, and that the proper notations
shall be made on all maps of record.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of
February, 1997
John K. Porter, MAYOR
ATTEST: FOR AGAINST
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
DACITYCL-I \CrTYCLK\RES\STREETSTRESAUR.DOC
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
CITY OF
CAPE CANAVERAL
City of Cape Canaveral
& BETTY MACLAY
2984 NEWFOUND HARBOR DR.
MERRITT ISLAND, FL 32952
28 JAN 97
CERTIFIED NO.P287-915467
REFERENCE: PROPERTY, AVON -BY -THE -SEA, BLOCK 6, LOTS 4,5
Dear Property Owner,
In an effort to correctly assign street names and addresses that are consistent with
the City addressing requirements, as well as assist emergency response
E-911 personnel, and other customer service agencies, the City will be assigning new street
names and addresses along these alleyways where your property access is located.
The City Code of Ordinances, Chapter 98 Subdivisions, Section 98-119 Street Names, states;
street name signs shall be installed at the intersection of all streets, carrying the street name
approved on the subdivision plat, and naming of streets shall be in the following manor; streets or
alleyways running north and south that are under 1,000' in length shall be named a "court". The
alleyway that provides access to your property falls into the category of a "court".
The City Council will be discussing this item, with the possibility of adopting and assigning street
names to the alleyways at their February 18, 1997 Council meeting.
The following street name has been selected; Alleyway running between Jefferson
Avenue and Washington Ave: "Presidential Court". You are encouraged to attend, to voice any
concerns, suggestions, or comments pertaining to this matter. As listed above; the assigning of
names and installing of street singe, will not only assist emergency response personnel, customer
service oriented agencies, but your friends and relatives as well.
Additional information will follow the final adoption and resolution of these alleyways,
informing you of the newly assigned street name, number address, as well as your requirements to
notify local utility agencies, and of the City's notification of other affected agencies.
If you have any questions concerning this matter, please contact the Building department at 407-
868-1222.
Sincerely,
Greg Mullins
Building Department
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX (407) 799-3170
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Meeting Type: Regular
Meeting Date: 02-18-97
AGENDA
Herding
Resolutions
Item
8
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 97-08, GRANTING A WATER SERVICE EASEMENT TO THE CITY OF
COCOA FOR THE CAPE CANAVERAL LIBRARY
DEPT. /DIVISION: LEGISLATIVE
Requested Action:
That the City Council grant a water service easement to the City of Cocoa for the Cape Canaveral Library as
described in Resolution No. 97-08 and the attached plans.
Summary Explanation & Background:
This is required for the new water line installed for this facility.
I recommend approval.
Exhibits Attached:
Resolution No. 97-08• Plans
City Manager's Office
Department
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; GRANTING AN EASEMENT TO THE CITY OF
COCOA, FLORIDA ("COCOA') FOR THE PURPOSES OF OBTAINING
WATER SERVICE TO THE CITY'S LIBRARY AND EXECUTING A BILL
OF SALE IN FAVOR OF COCOA TRANSFERRING OWNERSHIP OF THE
WATER FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and Brevard County have contracted for
improvements at the City's library; and
WHEREAS, the new construction contained therein provides for the installation of a new
water service; and
WHEREAS, the City of Cocoa, Florida requires an Easement and Bill of Sale before the
installation of said service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The City hereby grants an Easement to the City of Cocoa, Florida in the
form as attached hereto as Exhibit "A", and incorporated herein by reference.
SECTION 2. The City hereby agrees to execute and deliver the Bill of Sale to the City
of Cocoa, Florida in the form as attached hereto as Exhibit "B", and incorporated herein by
reference.
SECTION 3. This Resolution shall take effect upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of February, 1997.
ATTEST:
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
Prepared By and Return to:
KOHN BENNETT, ESQUIRE
AMARI, THERIAC, et al.
96 Willard Street, Suite 302
Cocoa, Florida 32922
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of February, 1997, in consideration of the sum of
Ten and No/100 Dollars ($10.00), and by virtue of that certain petition to vacate a certain alleyway and subsequent
passage of Ordinance No. 02-95, the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal
Corporation ("Grantor"), in hand paid by SAND DUNES DEVELOPMENT, INC., a Florida Corporation, and
PAUL FAIRMAN and MARCIA FAIRMAN, his wife ("Grantee"), 505 North Atlantic Avenue, Cocoa Beach,
Florida 32931, the receipt whereof is hereby acknowledged, the Grantor does remise, release, quit -claim and convey
to the Grantee all of its right, title, interest and claim in or to the following described realestate, situate and being
in the County of Brevard, State of Florida, to -wit:
That certain platted alleyway which lies within Block 68, Avon -By -The -Sea, according to the Plat
thereof as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida.
This deed was prepared without a review or examination of the title to the above described property,
and no opinions or representations are being made either expressly or impliedly by Amari, Theriac &
Eisenmenger, P.A.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging
or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said
Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first
above written.
ATTEST:
CITY OF CAPE CANAVERAL, FLORIDA
IU0
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
105 Polk Avenue, P.O. Box 326
Cape Canaveral, Florida 32920-0326
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of February, 1997, by JOHN K.
PORTER and SANDRA O. SIMS, Mayor and City Clerk, respectively, for the CITY OF CAPE CANAVERAL,
FLORIDA, who are personally known to me, and who did not take an oath.
NOTARY PUBLIC
F
AGREEMENT
THIS AGREEMENT, made and entered into this
19_____, by and between the City of Cape Canaveral, Floria
under the laws of the State of Florida, hereinafter referred t
COUNTY COMMISSIONERS OF BREVARD CO UNTY, FL OR
State of Florida, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, the City is desirous of obtaining the ser
J
:;��/-� 4,11,/z L
qualified personnel for lifeguards at designated recreation facilities. All lifeguards are USLA
(United Stated Lifesaving Association) and First Responder Certified; and
WHEREAS, the provision of such services by the County will mutually benefit the parties
hereto and the residents of Brevard County, Florida; and
WHEREAS, the County may provide parks, preserves, recreation areas, and other
recreational facilities as well as ambulance service and health and welfare programs pursuant to the
provisions of Section 125.01(1)(b), (f), Florida Statutes.
NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed between the parties as follows:
1. TERM: The term of this Agreement is for the period commencing March 29,
1997 and terminating on September 1, 1997. The County hereby agrees to provide lifeguard services
for that portion of Cape Canaveral as described in Section 3 for the period commencing March 29,
1997, and terminating on September 1, 1997.
1
2. PAYMENT: For the services outlined herein, which shall be provided the City
during calendar year 1997, the City shall pay to the County Seven Thousand Two Hundred and Forty
Five Dollars ($7,245). Such payments are payable in six (6) equal monthly payments due on the last
day of each month. The first payment being due on April 30, 1997 and the final payment being due
on September 30, 1997.
3. SERVICES:
A. The County agrees to provide all personnel and equipment, as provided below,
to provide lifeguard services between the hours of 10:00 a.m. and 5:00 p.m. or at such other times
mutually agreed upon by both parties within the following area:
1. Tyler Avenue within a portion of the beach 75 yards north and south
of the manned tower in this location.
2. The above referenced area will have one (1) Roving Patrol on duty
seven (7) days a week and one (1) Roving Patrol on duty on
weekends and holidays.
B. Said personnel shall be on duty weekends and holidays from 10:00 am. until
5:00 p.m. for the period commencing March 29, 1997 and ending on September 1, 1997, at 5:00 p.m.
and shall be on duty on the week days from 10:00 a.m. until 5:00 p.m. at the sites beginning June
2, 1997, and ending on August 11, 1997; weekends and holidays until September 1, 1997.
C. The parties hereby mutually agree and understand that in the event of
inclement weather or any other incident or occurrence which, in the sole discretion of the County,
requires the closing of all or part of said beach for the protection of the public, the County may
discontinue all or part of its lifeguard services in the affected areas for the duration of such condition,
OR
incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters
relating to the safety of said beach and the performance of the services herein set forth. The City and
the County mutually agree that the County will provide radios and training to insure that the
lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to
emergencies occurring at adjacent beaches will be in accordance with procedures established by the
County.
The parties agree that there are no other terms or agreements other than as
contained herein. No additional verbal or oral representation shall be effective unless reduced to
writing and executed by both parties.
D. The parties agree and understand that in the event of a water related incident,
the Brevard County Lifeguard Division personnel will maintain command/control of the scene until
the victim(s) is removed from the water.
After the victim(s) is removed from the water, the incident command/control
of the scene will transfer to the law enforcement agency (with jurisdiction of the location of the
scene) and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law
enforcement agency or Fire/Rescue has not yet arrived on scene, then the Lifeguard Division will
continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue
arnves.
In search and rescue operations and body recovery, the officer in charge from
the Brevard County Lifeguard Division will relinquish incident command/control of the scene to the
law enforcement agency with jurisdiction in the area.
In medical emergencies, victim/patient care is immediately transferred to the
3
most qualified BLS/ALS provider.
In such circumstances that the BLS/ALS provider has begun resuscitation
efforts upon the victims/patient, having determined that the victim/patient has no respiration and no
pulse, the law enforcement agency with jurisdiction in the area of the scene, may take incident
command/control of the scene, declare the scene a crime scene and direct the resuscitation efforts
by the BLS/ALS provider be terminated. Under such circumstances that the law enforcement agency
takes command/control of the scene, it shall have complete responsibility for the scene.
4. LIABILITY AND INSURANCE:
A. Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that parry and the officers, employees and agents
thereof.
B. The parties further agree that nothing contained herein shall be construed or
interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section
768.28, Florida Statutes by either parry.
C. Each party shall acquire and maintain throughout the term of this Agreement
such liability insurance as required to respond to their obligations under this Agreement and Section
768.28, Florida Statutes.
S. ASSIGNMENTS: Neither the City nor the County, its assigns or representatives,
shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities
herein set forth without the prior written approval of the other party.
6. TERMINATION: Violation of any material provisions of this Agreement shall
4
result in its termination upon 30 days written notice thereof to the breaching party. Upon
termination of this Agreement, the balance owed the County shall be prorated, due and payable
within fifteen (15) days of receipt of same by the City.
7. NOTICE: Notice under this Agreement shall be given to the County by
delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way,
Building C, Melbourne, Florida 32940, and notice shall be given to the City by delivering written
notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape
Canaveral, Florida 32920.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the day and year first above written.
ATTEST:
Sandy Crawford, Clerk
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA
Randy O'Brien, Chairman
AS APPROVED BY THE BOARD ON
WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA
Bennett C. Boucher, City Manager
E
Meeting Type: Regular
Meeting Date: 02-18-97
4
.t.
CAP L&G F
VERAt
AGENDA
Heading
Ordinance
Item
9
No.
Paragraphs G.1 and G.2: Inserted the effective date and 30 -year term of this agreement.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 01-97, GAS FRANCHISE AGREEMENT WITH NUI CORPORATION,
DBA CITY GAS COMPANY OF FLORIDA
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider adoption of Ordinance No. 01-97.
Summary Explanation & Background:
As a result of the 02/04/97 council meeting, the following changes were made to the agreement:
Paragraph 3.3: new language regarding the "marketing strategy".
Paragraph 4.5: definition of gross annual revenue was rewritten.
Paragraphs G.1 and G.2: Inserted the effective date and 30 -year term of this agreement.
I recommend approval.
Exhibits Attached:
Ordinance No. 01-97• Franchise Agreement
City Mans 's Office
Department
Q: \admialmuwiAmwAiogW b i 8-miryp..da
ORDINANCE NO. 01-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA RELATING TO THE PROVISION OF NATURAL
GAS SERVICES BY CITY GAS COMPANY OF FLORIDA
WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY;
PROVIDING A SHORT TITLE; STATING A PURPOSE AND
SEVERAL GOALS; PROVIDING A MARKETING
STRATEGY; PROVIDING DEFINITIONS; GRANTING A
FRANCHISE; PROVIDING A TERM AND EFFECTIVE
DATE; SETTING FORTH TERMS FOR FRANCHISE
OPERATION AND TRANSFER OF OWNERSHIP OR
CONTROL; PROVIDING FOR FRANCHISE FORFEITURE
OR REVOCATION; REQUIRING LIABILITY INSURANCE
AND INDEMNIFICATION TO THE CITY; REQUIRING A
PERFORMANCE BOND; PROVIDING FOR DESIGN AND
CONSTRUCTION PROVISIONS; PERMITTING CITY
REVIEW OF BOOKS AND RECORDS OF FRANCHISEE;
PROHIBITING PREFERENTIAL OR DISCRIMINATORY
PRACTICES; SETTING FORTH SERVICE STANDARDS
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida is authorized to
grant one or more non-exclusive franchises to construct, reconstruct, operate, and maintain a
natural gas system within the City; and
WHEREAS, after conducting an advertised public hearing, the City Council of the City of
Cape Canaveral finds, after careful evaluation and deliberation, that the granting of a natural gas
franchise to NUI Corporation, a New Jersey Corporation d/b/a City Gas Company of Florida is in
the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, be it enacted by the City Council of the City of Cape Canaveral,
Florida:
Section 1. The City Council of the City of Cape Canaveral does hereby approve the
franchise agreement between the City of Cape Canaveral and NUI Corporation, a New Jersey
Corporation, d/b/a City Gas Company of Florida, for the period February 18, 1997 to February _
. A copy of the franchise agreement is attached hereto as Exhibit "A" and said agreement
is incorporated herein by reference. The agreement shall be executed by both parties in duplicate,
and the Mayor is hereby authorized to execute said agreement on behalf of the City.
City of Cape Canaveral
Ordinance No. 01-97
Page 2
Section 2. Severability Clause. In the event that any term, provision, clause,
sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be
partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity,
illegality, or unenforceability shall not affect any of the other or remaining terms, provisions,
clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applies as
if the invalid, illegal, or unenforceable terms, provision, clause, sentence, or section did not exist.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby
repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Effective Date. This Ordinance shall take effect immediately upon
being adopted by the City Council of the City of Cape Canaveral.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this — day of
. 1997.
ATTEST
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
d:\citycl—l\cityctk\ordinanc\frnchise\gasl.doc
John K. Porter, MAYOR
Name
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
For Against
First Reading:
February 4, 1997
Posted:
February 5, 1997
Publish:
February 8, 1997
Second Reading:
February 18, 1997
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
7, 1997
The Orlando Sentinel
Via Facsimile: 407-420-5011
P. O. Box 2833
Orlando, FL 32802
Attention: Legal Advertising
Please publish the following legal advertisement one time on Saturday, February 8, 1997, in the legal
advertising section of the Orlando Sentinel and provide an affidavit of proof of publication to my
attention at the above address.
If you have questions regarding these items, please contact my office at 868-1221. Thank you.
Sincerely,
Sandra Rozar Sims, CMC
City Clerk
ss
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868-1200 • FAX (407) 799-3170
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for
the purpose of enacting Ordinance Number 01-97 at the City Hall Annex, I l l Polk
Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, February 18, 1997. The
ordinances in their entirety may be inspected at the Office of the City Clerk during
regular working hours (8:30 a.m. to 5:00 p.m., Monday -Friday).
ORDINANCE NO. 01-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA
RELATING TO THE PROVISION OF NATURAL GAS SERVICES BY
CITY GAS COMPANY OF FLORIDA WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY; PROVIDING A SHORT TITLE; STATING
A PURPOSE AND SEVERAL GOALS; PROVIDING A MARKETING
STRATEGY; PROVIDING DEFINITIONS; GRANTING A FRANCHISE;
PROVIDING A TERM AND EFFECTIVE DATE; SETTING FORTH
TERMS FOR FRANCHISE OPERATION AND TRANSFER OF
OWNERSHIP OR CONTROL; PROVIDING FOR FRANCHISE
FORFEITURE OR REVOCATION; REQUIRING LIABILITY
INSURANCE AND INDEMNIFICATION TO THE CITY; REQUIRING A
PERFORMANCE BOND; PROVIDING FOR DESIGN AND
CONSTRUCTION PROVISIONS; PERMITTING CITY REVIEW OF
BOOKS AND RECORDS OF FRANCHISEE; PROHIBITING
PREFERENTIAL OR DISCRIMINATORY PRACTICES; SETTING
FORTH SERVICE STANDARDS FOR SEVERABILITY; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Interested parties are invited to attend this meeting and be heard. Any person who
decides to appeal any decision made with respect to any matter considered at this
meeting will need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Sandra Rozar Sims, CMC
City Clerk
publish: Saturday, February 8, 1997
Orlando Sentinel
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LAW OFFICES
AMARI, THERIAC & EISENMENGER, P.A.
Attorneys and Counselors At Law
Richard S. Amari
Mariner Square
Kohn Bennett Reply To: Cocoa
Suite 302
Robert R. Berry
96 Willard Street
Bradly Roger Bettin, Sr.
Cocoa, Florida 32922-7998
Gregory W. Eisenmenger
Telephone
p (407) 639-1320
Carla Neeley Freitag
Fax (407) 639-6690
Anthony A. Garganese
_
Mitchell S. Goldman
Imperial Plaza
George E. Harding
Suite B104
J. Wesley Howze, Jr.
6769 N. Wickham Road
Mark S. Peters
Melbourne, Florida 32940
David M. Presnick
Telephone (407) 259-6611
James S. Theriac, III
Fax (407) 259-6624
February 7, 1997
Robin A. Lloyd, Sr., Esquire BY CERTIFIED MAIL
Robin A. Lloyd, Sr. & Associates, P.A. RETURN RECEIPT REQUESTED
660 Beachland Boulevard, Suite 201
Vero Beach, FL 32963
Re: Cape Canaveral Gas Franchise Agreement
Dear Robin:
Enclosed is a final draft of the above referenced Agreement. Pursuant to the Cape Canaveral
City Council meeting, I amended paragraphs 3.3-, 4.5, 6. 1, and 6.2. Furthermore, in addition to
Council's direction to require a marketing program within 6 months of the Franchise being executed,
I took the liberty of "cleaning up" the language you provided for paragraph 3.3. I believe my
changes do not substantively effect the Franchise. Please promptly advise in writing before the
Council meeting as to whether my amendments to paragraph 3.3. are acceptable.
Please take note:
AAG: as
capc.can\comspo
The second and final reading of the Gas Franchise Agreement will be
held before the Cape Canaveral City Council on February 18, 1997
at 2:00 p.m. You are hereby formally invited to attend the City
Council meeting on behalf of City Gas Company of Florida.
Sincerely,
GAS FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into as of this 18'h day of February, 1997, by
and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City"),
and NUI CORPORATION, a New Jersey Corporation, d/b/a City Gas Company of Florida
("Company").
RECITALS:
WHEREAS, the City is authorized to grant one or more non-exclusive, franchises to
construct, reconstruct, operate, and maintain a natural gas system within the City; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to make available
within its corporate limits high-quality and reliable natural gas service; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to retain regulatory
authority over the provision of natural gas service, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with the provision of this
service; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to retain control over
the use of public rights-of-way by providers of natural gas to prohibit interference with the public
convenience, to promote aesthetic considerations, to promote planned and efficient use of limited
right-of-way space, and to protect the public investment of right-of-way property; and
WHEREAS, the City of Cape Canaveral finds it in the public interest to ensure that high
quality natural gas service is maintained through a responsive customer service procedure; and
WHEREAS, the City Council of the City of Cape Canaveral finds that the granting of a
non-exclusive natural gas franchise is the best means of assuring that the above described interests
of the City of Cape Canaveral are promoted and maintained; and
WHEREAS, the City, after public hearings and due evaluation, has determined that it is
in the best interests of the public health, safety and welfare of the City and its residents to approve
this Gas Franchise Agreement with the Company.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
I. RECITALS.
1.1 Recitals Incorporated. Each and all of the foregoing recitals are hereby
incorporated herein and acknowledged to be true and correct. Failure of any of the foregoing
recitals to be true and correct shall not operate to invalidate this Agreement.
II. SHORT TTTLE.
2.1 This Agreement shall be known and may be cited as "Cape Canaveral
Natural Gas Franchise".
III. PURPOSE AND GOALS.
3.1 Purpose.
The City finds that the development of a natural gas distribution system has
the potential of having great benefit and impact upon the people of the City. The City further
finds that the public convenience, safety and general welfare can best be served by exercising
regulatory powers which are vested in the City or such persons as the City shall designate. It is
the intent of this Agreement and subsequent amendments thereto to provide for and specify the
means to attain the best possible public interest and public purpose in the distribution of natural
gas within the boundaries of the City, and this finding shall be an integral part of this Agreement.
Further, the City recognizes that natural gas has, as a fuel source, the
capability of providing abundant clean -burning and efficient energy to the City's residents and
commercial businesses.
3.2 Goals.
For these purposes, the following goals underlie the regulations and
provisions contained herein:
(a) Natural gas should be made available to all City residents and
commercial businesses in accordance with the City Gas Company of Florida Natural Gas tariff
original volume no. 4 as filed with the Public Service Commission and any amendments,
modifications, or revisions thereto.
(b) The natural gas distribution system should be capable of
accommodating both the current and reasonably foreseeable future energy needs of the City.
(c) The natural gas distribution system should be improved and
upgraded, if necessary, during the franchise term so that the new facilities necessary for the
operation of this system shall be integrated to the maximum extent possible with existing facilities.
3.3 Marketing Strategy. Within six (6) months of the effective date in paragraph
6.1 herein, the Company shall prepare, and provide to the City, a marketing program for
expanding natural gas service to residential and commercial customers within the Franchise Area.
2
Thereafter, the Company shall prepare and provide to the City a new or updated marketing
program every seven (7) years. Should the City reasonably determine the Company's marketing
program is inadequate, the City may require the Company to provide a market survey of the
Franchise Area. The Company shall implement the marketing program as diligently as is
economically feasible.
IV. DEFINITIONS.
For the purpose of this Agreement, the following terms and words shall have the
meaning ascribed to them, unless the context clearly indicates otherwise:
4.1 "Agreement" or "Franchise" shall mean this Franchise Agreement, as
amended from time to time, which shall constitute authorization, voluntarily entered into by the
Company and granted by the City, for the purpose of providing the Company authorization to
construct or operate a Natural Gas Distribution System in the Franchise Area. Any such
authorization, in whatever form granted, shall not mean or include any license or permit required
for the privilege of transacting and carrying on a business within the City as required by any City
ordinance or resolution.
4.2 "City" means the City of Cape Canaveral, a Florida Municipal Corporation,
its successors and assigns.
4.3 "Company" means NUI Corporation, a New Jersey Corporation, d/b/a City
Gas Company of Florida, its successors and assigns.
4.4 "Franchise Areas" means all of the territory within the incorporated City,
and such additional territory as may be from time to time annexed into the City.
4.5 "Gross Annual Revenue" means all receipts derived by the Company
directly from the transport and sale of natural gas in the Franchise Area.
4.6 "Natural Gas" means natural gas in a gaseous state.
4.7 "Natural Gas Distribution System" shall mean the transmission pipelines
or any related equipment, facility, or building necessary or desirable to the transportation or
delivery of natural gas, or its treatment or storage during the course of transportation or delivery,
under the control of the Company, for the transmission, distribution or sale of Natural Gas
pursuant to this Agreement, or any part thereof.
4.8 "Public Right -of -Way" means the surface, the air space above the surface,
and the area below the surface of any public street, sidewalk, bridge, waterway, utility easement,
or other public property, which shall entitle the City and the Company to the use thereof for the
purpose of installing and maintaining the Company's Natural Gas Distribution System. No
3
reference herein, or in any Franchise, to the "Public Right -of -Way" shall be deemed to be a
representation or guarantee by the City that its title to any property is sufficient to permit its use
for such purpose, and the Company shall, by its use of such terms, be deemed to gain only such
rights to use property in the City as the City may have the undisputed right and power to give.
4.9 "Transfer" means the disposal by the Company, directly or indirectly, by
gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or
more at one time of the ownership or controlling interest in the Company, or thirty-five percent
(35 %) cumulatively over the term of the Franchise of such interests to a corporation, partnership,
limited partnership, trust or association, or person or group of persons acting in concert or a
change in control. Transfer shall not include any transfer or assignment to a person controlling,
controlled by, or under the same common control as the Company.
V. GRANT OF FRANCHISE.
5.1 Grant of Franchise. The Company is hereby granted a Natural Gas
Franchise, subject to the terms and conditions of this Agreement. Pursuant to this Franchise, the
Company may construct, operate, and maintain a Natural Gas Distribution System in, under, over,
along, across or upon the Public Rights -of -Way within the City for the purpose of transmission,
distribution and sale of Natural Gas for commercial, industrial, and residential use.
In exercising rights pursuant hereto, the Company shall not endanger or
interfere with the lives of persons, interfere with any structures, buildings, or facilities of the City,
any public utility, or any other person permitted to use the Public Rights -of -Way, nor
unnecessarily hinder or obstruct the free use of the Public Rights -of -Way. The grant of this
Franchise does not establish priority for use over other present or future permit, license, or utility
franchise holders or the City's own use of the Public Rights -of -Way.
All rights granted for the construction, reconstruction, maintenance, and
operation of the Natural Gas Distribution System shall be subject to the continuing right of the
City to approve such reconstruction or relocation of the Natural Gas Distribution System in the
Public Rights -of -Way as shall, at the discretion of the City, be in the public interest.
5.2 Franchise Not Exclusive. The grant of this Franchise shall be
non-exclusive and shall not affect the right of the City to grant to itself or any other person the
right to: build, operate, or own a Natural Gas Distribution System; occupy or use the Public
Rights -of -Way for the construction, reconstruction, maintenance, and operation of a Natural Gas
Distribution System or for any purpose whatsoever. No privilege or power of eminent domain
is bestowed on the Company by the grant of this Franchise, but this Franchise shall not be
construed to limit the Company's power of eminent domain under state law.
5.3 Event of Conflict. In the event of conflict between the terms and conditions
of the City Code and this Agreement, this Agreement shall control. In all events, the Company
4
shall comply with all laws, ordinances and regulations enacted by the City pursuant to its lawful
police and regulatory powers as authorized by law. This Franchise is hereby made subject to the
general City code provisions now in effect and hereafter made effective. Nothing in the Franchise
shall be deemed to waive the requirements of the various codes of the City regarding permits,
taxes, and fees to be paid.
VI. EFFECTIVE DATE OF FRANCHISE; TERM.
6.1 Effective Date. The effective date of this Franchise shall be February 18,
IMW
6.2 Term. The term of this Franchise shall be for a period of thirty (30) years
from the effective date unless sooner terminated as provided for in this Agreement. The Franchise
shall terminate on February 18, 2027.
VII. FRANCHISE OPERATION.
7.1 Use of Public Rights -of -Way. For the purpose of operating and
maintaining a Natural Gas Distribution System in the Franchise Area, the Company may erect,
install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and
along the public streets and ways within the Franchise Area such pipes, appurtenances, or related
attachments or equipment and other property and equipment as are necessary to the operation of
the Natural Gas Distribution System; provided, however, that the Company complies with all
design, construction, safety, and performance provisions contained in this Agreement, applicable
local ordinances, and state and federal law.
7.2 Right of Condemnation Reserved. Nothing herein shall limit any right the
City may have to acquire by eminent domain or otherwise any property of the Company; provided,
however, that any such acquisition shall be for a price that values the Company's property as
allowed by law.
7.3 City's Right to Perform Public Works. Nothing in this Agreement shall
be in hindrance to the right of the City or any governmental authority to perform or carry on,
directly or indirectly, any public works or public improvements of any description. Should the
Natural Gas Distribution System in any way interfere with the construction, maintenance or repair
of such public works or public improvements, the Company shall, at its own cost and expense,
protect or relocate its Natural Gas Distribution System, or part thereof, as reasonably directed by
the City officials or any governmental authority.
7.4 Emergency Response. The Company shall respond promptly in the case
of fire, emergency, or disaster in the City. The Company shall be responsible to take all prudent
actions necessary to mitigate any hazardous impact its Natural Gas Distribution System could
contribute to any fire, emergency, or disaster at it's own expense.
7.5 Removal or Abandonment. If the Company elects to remove any portion
of the Natural Gas Distribution System, the Company shall restore, in accordance with the
directions and specifications of all affected departments and agencies of the City and all applicable
law, any property, public or private, to its original condition prior to the removal of the Natural
Gas Distribution System.
7.6 Time Is of the Essence. Whenever this Agreement shall set forth any time
for any act to be performed by or on behalf of the Company, such time shall be deemed to be of
the essence, and any failure of the Company to perform within the time allotted shall be sufficient
ground for the City to invoke any applicable provision of the City Code or this Agreement.
7.7 No Waiver of Rights. No course of dealing between the Company and the
City nor any delay on the part of the City in exercising any rights hereunder shall operate as a
waiver of any such rights of the City or acquiescence in the actions of the Company in
contravention of the City's rights, except to the extent expressly waived by the City in writing or
expressly provided for in the Franchise.
VIII. TRANSFER OF OWNERSHIP OR CONTROL.
8.1 Transfer of Franchise. This Franchise shall not be sold, Transferred,
leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger,
consolidation, receivership or other means without the prior written consent of the City, and then
only under such reasonable conditions as the City may establish which may include but not be
limited to financial guarantees to the Natural Gas Distribution System.
8.2 Transfer Threshold. The Company shall promptly notify the City of any
actual or proposed change in, or Transfer of, or acquisition by any other party of, control of the
Company.
8.3 City Approval. Every change, Transfer, or acquisition of control of the
Company shall make the Franchise subject to cancellation unless and until the City shall have
consented thereto in writing. For the purpose of determining whether it may consent to such
change, Transfer, or acquisition of control, the City may inquire into the legal, financial,
character, technical, and other public interest qualifications of the prospective Transferee or
controlling parry, or the terms and conditions of the proposed change, transfer, or acquisition of
control, and the Company shall assist the City in obtaining all required information. Failure to
provide all reasonable information requested by the City as part of said inquiry shall be grounds
for denial of the proposed change, Transfer or acquisition of control.
8.4 Signatory Requirement. Any approval by the City of Transfer of
ownership shall be contingent upon the prospective assignee becoming a signatory to the
Franchise.
G
IX. FRANCHISE FEES.
9.1 The Company shall pay to the City a Franchise Fee of six percent (6%) of
the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Company on
behalf of any governmental agency.
9.2 Franchise Fees in Addition to Other Taxes or Payments. Payment of the
Franchise Fee made by the Company to the City shall not be considered in the nature of a tax, but
shall be in addition to any and all taxes of general applicability which are now or may be required
hereafter to be paid by any Federal, State, or local law.
9.3 Acceptance by the City. Subject to applicable law, no acceptance of any
payment by the City shall be construed as a release or as an accord and satisfaction of any claim
that the City may have for further or additional sums payable as a Franchise Fee under this
Agreement or for the performance of any other obligation of the Company.
9.4 Failure to Make Required Payment. In the event that any Franchise Fee
or recomputed amount is not made on or before the dates specified herein, the Company shall pay
as additional compensation an interest charge, computed from such due date, at an annualized rate
equal to the commercial prime interest rate of the City's primary depository bank during the period
that such unpaid amount is owed.
9.5 Periodic Payments to Be Made. The Company shall make fee payments
of monies due hereunder within thirty (30) days of the end of each calendar quarter for Franchise
Fees collected during the preceding quarter. Accompanying said payment, the Company shall also
provide a written report of its Gross Revenues generated in the Franchise Area for the preceding
quarter's period.
9.6 City Right to Inspection. The City, at its discretion, shall have the right
to inspect the Company's Gross Annual Revenue records, to audit, and to recompute any fee
amounts. Inspections, audits or recomputations may be performed either by the City or an
independent firm selected by the City and qualified for such purposes. No audit of the Company's
records relating to Gross Annual Revenues shall take place later than thirty-six (36) months
following the close of each of the Company's fiscal years. Audits that result in payment of four
percent (4 %) or more of Franchise Fees during the audit period, shall be at the expense of the
Company. Any additional amount due to the City as a result of the audit shall be paid within thirty
(30) Days of notice by the City, unless the Company disputes the results of the audit. The
Company agrees to meet with the City and will attempt in good faith to resolve any differences.
Thereafter, the additional amount due shall be subject to payment within thirty (30) days after said
additional amount is determined to be due by the Company and the City, or the City declares an
impasse in the negotiations with the Company.
9.7 Payments Due in Event of Termination or Expiration. In the event that
7
the Company continues the operation of any part or all of the Natural Gas Distribution System
beyond the termination, revocation, or expiration of the Franchise granted herein, it shall continue
to pay to the City the Franchise Fee in the manner set forth in this Agreement. This section shall
not be construed to authorize the operation of the Natural Gas Distribution System beyond the
termination, revocation, or expiration of this Franchise. _
9.8 Alternative Fee Contingencies. In the event that the Company's obligation
to pay a Franchise Fee is held invalid by a decision of any court of competent jurisdiction or due
to the actions of any legislative body, the Company shall negotiate with the City in good faith and
shall agree, if permissible under then applicable law, to provide compensation to the City in lieu
of the Franchise Fee. The amount of compensation shall, to the extent permitted by applicable
law, as amended from time to time, be comparable to that which the Company would pay as the
Franchise Fee under the terms of this Agreement and shall be passed through to the natural gas
customers in a manner similar to the Franchise Fee.
9.9 Other Fees and Taxes. To the extent that any federal or state law or
regulation may now forbid the City from assessing any type of fee or tax, upon repeal,
modification, or judicial/administrative interpretation of said law or rule that would permit the
City to assess said fee or tax, the City shall have the right to assess said fee or tax to the full extent
authorized by law; provided, that the City shall first consult with the Company. Upon such
occurrence, the parties shall meet and confer within ninety (90) Days of notice from the City to
in good faith negotiate Franchise provisions to implement the collection of said fee or tax.
X. FORFEITURE OR REVOCATION.
10.1 Grounds for Revocation. The City reserves the right to revoke any
Franchise granted hereunder, pursuant to the procedure in paragraph 10.4, and rescind all rights
and privileges associated with the Franchise in the following circumstances, each of which shall
represent a default and breach of this Agreement:
(a) Company has defaulted in the performance of any of the material
obligations under this Agreement or any provision of the City Code not conflicting with this
Agreement;
(b) Company has failed to provide or maintain in full force and effect
the liability and indemnification coverage as required herein;
(c) Company has violated a material provision of any orders or rulings
of any regulatory body having jurisdiction over the Company relative to this Agreement and any
regulatory ordinance of the City, and the Company fails to begin cure within five (5) business days
of notice from the City and to complete cure within a reasonable time after notice, as determined
by the City;
(d) Company has committed any act of fraud upon the City or natural gas
customers;
(e) Company has acted grossly negligently, as defined by general law,
in maintaining or operating the Natural Gas Distribution_System provided in this Franchise;
(t) Company has become insolvent, is unable or unwilling to pay its
debts, or is adjudged bankrupt;
(g) Company has made a material misrepresentation of fact in the
application for or negotiation of the Franchise or any extension or renewal thereof; and
(h) Company has failed to pay the Franchise Fee in the manner provided
in this Agreement.
10.2 Effect of Circumstances Beyond Control of Franchisee. The Company
shall not be declared at fault or be subject to any sanction under any provision of this Agreement
in any case, in which performance of any such provision is prevented for reasons beyond the
Company's control. For the purposes of this Agreement, causes or events beyond the Company'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,
strikes and restraints imposed by order of a governmental agency or court. A cause or event shall
not be deemed to be beyond the Company's control if committed by a corporation or other
business entity in which the Company holds a controlling interest whether held directly or
indirectly, when such fault is due to Company's financial inability to perform or comply,
economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Company's
directors, officers, employees or contractors or agents.
10.3 Effect of Pending Litigation. Pending litigation or any appeal to any
regulatory body or court having jurisdiction over the Company shall not excuse the Company from
the performance of its obligations under this Agreement, unless specifically provided for by court
order or by the regulatory body having jurisdiction over such matters. Failure of the Company
to perform such obligations because of pending litigation or petition may result in forfeiture or
revocation pursuant to the provisions of this section.
10.4 Procedure Prior to Revocation. The City Manager shall notify the
Company in writing of the exact nature of the alleged violation constituting a ground for
termination and give the Company thirty (30) days, or such greater amount of time as the City
Manager may specify, to correct such violations or to present facts and arguments to the City
Manager to refute the alleged violation ("Cure Period"). If by the end of the Cure Period the
Company does not remedy the violation or convince the City Manager there is no violation, the
City Manager shall schedule a public meeting of the City Council for purposes of addressing the
alleged violation. The Council meeting shall be held within thirty (30) days from the expiration
ON
of the Cure Period. The City Manager shall promptly provide the Company written notice of the
Council meeting. During the Council meeting, the City Manager, Company, and all interested
parties shall have the right to be heard in person and through counsel, present evidence, and cross
examine adverse witnesses. At the conclusion of the Council meeting, the Council may suspend
or revoke the Franchise, if it determines that there are sufficient grounds which warrant such
action; otherwise, the Franchise remains in full force and effect. The Company shall not be held
in default nor suffer any penalties where non-compliance or default is caused by an event beyond
the Company's control, as stated in Section 10.2. The Company shall have the right of review
by a court of competent jurisdiction upon any determination by the City Council to suspend or
revoke this Franchise.
M. LIABILITY AND INSURANCE.
11.1 Certificate of Insurance. In no event later than sixty (60) days after the
effective date of this Agreement and thereafter continuously throughout the duration of this
Agreement and any extensions or renewals thereof, the Company shall furnish to the City,
certificates of insurance, approved by the City, for all types of insurance required under this
section. Failure to furnish said certificates of insurance in a timely manner shall constitute a
failure to faithfully comply with this Agreement. At the City's request, the Company shall furnish
certificates of insurance which are in effect from time to time.
11.2 No Liability Limit. Neither the provisions of this article or any damages
recovered by the City hereunder, shall be construed to limit the liability of the Company for
damages under this Agreement.
11.3 Endorsement. All insurance policies maintained pursuant to this Agreement
shall contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance policy may
not be modified or canceled by the insurance company nor the
intention not to renew be stated by the insurance company until
thirty (30) days after receipt by the City of Cape Canaveral City
Manager by certified mail, of a written notice of such intention to
cancel or not to renew.
11.4 State Institution. Except for self-insured policies, all insurance policies
provided pursuant to this Agreement shall be written by companies authorized by the Florida
Insurance Commissioner to do business in the State of Florida as an insurance company.
11.5 Named Insured. The City shall be an additional named insured for all
insurance policies written pursuant to this Agreement.
11.6 Changes in Policy Limits. To offset the effects of inflation and to reflect
changing liability limits, all of the coverage, limits, and amounts of the insurance provided for
herein are subject to reasonable increases at the end of every three (3) year period of this
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Agreement, applicable to the next three (3) year period, at the City's discretion.
11.7 Commercial General Liability Insurance. The Company shall maintain
throughout the term of this Agreement, general liability insurance insuring the Company in the
minimum of:
(a) $2,000,000 for property damage single limit;
(b) $3,000,000 single limit liability for personal bodily injury or death
to any one person; and
Such general liability insurance must include coverage for all of the
following: comprehensive form, premises operations, explosion and collapse hazard, underground
hazard, products/completed operations hazard, contractual insurance, broad form property
damage, and personal injury.
11.8 Automobile Liability Insurance. The Company shall maintain throughout
the term of this Agreement, automobile liability insurance for owned, non -owned, or rented
vehicles in the minimum amount of:
(a) $2,000,000 single limit liability for bodily injury and consequent
death per occurrence; and
(b) $1,000,000 for property damage per occurrence.
11.9 Worker's Compensation. The Company shall maintain throughout the term
of this Agreement, worker's compensation in the minimum amount of the statutory limit for
worker's compensation, as amended from time to time.
M. INDEMNIFICATION AND HOLD HARMLESS.
12.1 Indemnity and Hold Harmless. The City shall in no way be liable or
responsible for any accident or damage caused by the Company that may occur in the construction,
operation, or maintenance by the Company of the Natural Gas Distribution System, and the
acceptance of this Franchise on the part of the Company shall be deemed an Agreement on the part
of the Company to fully indemnify, defend and hold harmless the City and its officers, boards and
council, contractors, and City employees against the full amount of any (i) claims, (ii) liabilities,
(iii) actions, (iv) suits, (v) proceedings, (vi) payments, (vii) assessments, (viii) judgments, (ix)
losses, (x) damages, (xi) costs and (xii) expenses (including interest, penalties and reasonable
attorneys' fees and disbursements) claimed against the City in connection with the following:
(a) To persons or property, in any way arising out of or through the acts
or omissions of the Company, its servants, agents or employees; and
(b) Arising out of the Company's failure to comply with the provisions
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of any federal, state, or local laws, ordinances, or regulations applicable to the Company in its
business hereunder.
12.2 Condition. The foregoing indemnity is conditioned upon the City giving
the Company prompt notice of any claim or the commencement of any action, suit or other
proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent
the City from cooperating with the Company and participating in the defense of any litigation by
its own counsel at its own costs and expense.
12.3 Bond. Company shall execute and file with the Clerk of the City its bond
in the penal sum of Fifteen Thousand and No/100 Dollars($15,000.00), in satisfactory form,
guaranteeing its performance of all obligations under this Agreement which bond shall be enlarged
or reviewed from time to time as required by the City Council.
XIII. DESIGN AND CONSTRUCTION PROVISIONS.
13.1 Authorization to Commence Construction and Application Procedures.
Prior to the installation or erection of any pipelines, towers, poles, conduits, fixtures, or other
appurtenances thereto, other than minor or emergency excavation and maintenance, or the upgrade
or rebuild of the Natural Gas Distribution System, the Company shall first submit to the City for
review a concise description of the facilities proposed to be maintained, erected, removed, or
installed, including engineering drawings, if required by the City. No erection, excavation, or
installation of any part of the Natural Gas Distribution System, or any other appurtenances thereto,
shall be commenced by any person until proper permits have been received from the City, except
in the event of an emergency.
13.2 City Maps. The City does not guarantee the accuracy of any maps showing
the horizontal or vertical location of existing substructures or utilities.
13.3 Compliance with Construction and Technical Standards. The Company
shall install or erect any pipelines, towers, poles, conduits, fixtures, or other appurtenances
thereto, in accordance with commonly accepted good engineering practices and technical
standards. The Company shall comply with all applicable construction and technical codes
adopted by local, state, and federal law.
13.4 Quality of Construction. Construction, installation, reconstruction,
operation, and maintenance of the Natural Gas Distribution System shall be performed in an
orderly and workmanlike manner, in accordance with then current technological standards. The
Company shall use its best efforts to install or erect the Natural Gas Distribution System parallel
with existing other utilities located in the rights-of-way. Nothing herein shall preclude
underground installation.
13.5 Underground Installation.
(a) All installations of the natural gas transmission pipelines shall be
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underground unless otherwise approved by the City in writing. No paved street, alley or other
paved Right -of -Way shall be cut unless approved by the City in writing, except in case of
emergency.
(b) Prior to performing any underground construction, the Company
shall use its best efforts to locate, in advance, any water, sewage, gas, electric, cable, drainage,
or other utility lines, including compliance with Chapter 556, Florida Statutes, to the extent
applicable. Where any damages or alterations occur to said utility lines in the public right-of-way
as a result of construction, reconstruction, maintenance, or removal of the Natural Gas
Distribution System by the Company, its agents or independent contractors, the cost of such
repairs including all services and materials will be the responsibility of the Company.
13.6 Construction Notice. Except with regard to routine maintenance and
emergency circumstances, the Company shall give appropriate notice to the City and residents
within a reasonable period of time of proposed construction, reconstruction, excavation, laying
or stringing of the Natural Gas Distribution System under streets or on poles, but in no event shall
such notice be given less than five (5) business days before such commencement.
13.7 Interference with Persons, Public and Private Property, and Utilities.
The Company's Natural Gas Distribution System and all appurtenances shall be located, erected
and maintained so that such system shall:
(a) Not endanger or interfere with the health, safety or lives of persons;
(b) Not interfere with any improvements which the City, county or state
may deem proper to make;
(c) Not interfere with the free and proper use of public rights-of-way,
alleys, bridges, easements or other public property, except to the minimum extent possible during
actual construction or repair;
(d) Not interfere with the rights and reasonable convenience of private
property owners, except to the minimum extent possible during actual construction or repairs; and
(e) Not obstruct, hinder or interfere with any gas, cable, electric, water,
wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located
within the City.
13.8 Restoration to Prior Condition. In case of any disturbance of pavement,
sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense, and in a
manner approved by the City, replace and restore all paving, sidewalk, driveway, landscaping,
or surface of any street or alley disturbed, in as good a condition as before said work was
commenced and in a good workmanlike, timely manner in accordance with standards for such
work set by the City or the governmental entity having operational and maintenance responsibility
for the Public Right -of -Way. Unless otherwise approved by the City Manager, such restoration
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shall be undertaken within ten (10) business days after the damage is incurred and shall be
completed as soon as possible thereafter.
13.9 Private Property. The Company shall promptly repair or replace all private
property, both real and personal, damaged or destroyed as a result of the construction, installation,
operating or maintenance of the Natural Gas Distribution System at its sole cost and expense.
13.10 Progress Reports. For work involving Public Right -of -Way excavation for
other than in the event of an emergency, prior to commencing construction, the Company shall
provide the City with a schedule for completion of said work and keep the City informed of the
construction progress as reasonably necessary
XIV. BOOKS AND RECORDS AVAILABLE TO CITY.
14.1 Records. With advance written request, the City shall have the right to
inspect at any time during normal business hours, all books, records, maps, revenue statements,
service complaint logs, performance test results and other like materials of the Company which
relate to the operation and enforcement of the Franchise within the City. Access to the
aforementioned records shall not be denied by the Company on the basis that said records contain
"proprietary" information, unless applicable law exempts said records.
14.2 Review. The Company shall permit, during the Company's normal business
hours, any duly authorized representative of the City to examine, at the City's discretion, any and
all maps and other records kept or maintained by the Company or under its control concerning the
operations, affairs, transactions or property of the Company relative to the Natural Gas
Distribution System operations in the City. The examination shall take place at the Company's
place of business.
14.3 Reports to Be Filed. The following financial reports for the Franchise area
shall be submitted to the City:
(a) An annual report prepared by the Company or the parent company
of the Company shall be provided annually at the time said report is published.
(b) A quarterly financial report showing the Company's quarterly gross
revenues and quarterly franchise fees collected in the Franchise Area, pursuant to Paragraph 9.
herein.
14.4 Other Records. The City may impose reasonable requests for additional
information, records and documents from time to time, and the Company shall produce said
records within ten (10) business days, so long as such request relates to the City's enforcement
abilities under this Agreement or the City's ordinances or resolutions.
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XV. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
All services rendered and all rules and regulations adopted by the Company shall
have general application to all persons and shall not subject any person to prejudice or
disadvantage on account of race, gender, religion, origin, or ethnicity. The Company shall not
deny Natural Gas service to any group of potential residential customers within the City because
of the income of the residents of the area in which such group resides. The Company shall not
charge customers different rates for Natural Gas service for the same class or type of service.
XVI. SERVICE STANDARDS
16.1 Operation. The Company shall maintain and operate its Natural Gas Distribution
System and render efficient service in accordance with the rules and regulations as are, or may be,
set forth by the City Council of the City of Cape Canaveral as provided in this Franchise and by
the Public Service Commission.
16.2 Planned Downtime. The Company shall provide reasonable notice to all
customers who will be affected by an interruption of service for the purpose of repairs to, and
installation of, the Natural Gas Distribution System to customers.
XVII. MISCELLANEOUS PROVISIONS.
17.1 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal -agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any such
relationship with the other.
17.2 Entire Agreement. This Agreement and all City Code provisions regulating
the distribution, transmission, or sale of Natural Gas are incorporated herein by reference,
represent the entire understanding and agreement between the parties hereto with respect to the
subject matter hereof, and supersede all prior oral negotiations between the parties. This
Agreement may be amended, supplemented, modified, or changed only by adoption of an
Ordinance by the City and execution of an instrument agreeing to said amendment,
supplementation, modification, or change in the terms hereof by the Company.
17.3 Provisions Cumulative. The rights and remedies reserved to the City by
this Agreement are cumulative and shall be in addition to and not in derogation of any other rights
or remedies which the City may have with respect to the subject matter of this Agreement subject
to applicable law, and a waiver thereof at any time shall have no effect on the enforcement of such
rights or remedies at a future time.
17.4 Notices. All notices from the Company to the City pursuant to this
Agreement shall be sent to: City Manager, City of Cape Canaveral, Florida, 105 Polk Avenue,
Cape Canaveral, Florida 32920. All notices to the Company shall be sent to: Michael A. Palecki,
NUI Corporation, Southern Division, 955 East 25th Street, Hialeah, Florida 33013, and to Randall
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Harris, NUI Company, 4180 South U.S. Highway 1, Rockledge, Florida 32955. The names and
address in this section may be unilaterally amended by either parry at anytime by giving written
notice to the other party.
17.5 Captions. Captions to sections _through this Agreement are solely to
facilitate the reading and reference to the sections and provisions of the Agreement. Such captions
shall not affect the meaning or interpretation of the Agreement.
17.6 Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such
holding shall not affect the validity of the remaining portions of this Agreement.
17.7 City's Rights of Intervention. The Company agrees not to oppose
intervention by the City if any suit or proceeding to which the Company is a parry, concerning or
involving the Company and the City's rights under this Agreement.
17.8 Headings; Entire Agreement; Governing Law. The headings contained
in this Agreement are for reference purposes only and shall not affect in any way the meaning and
interpretation of this Agreement. This Agreement constitutes the entire agreement and supersedes
all prior agreements and understandings, both written and oral, among the parties with respect to
the subject matter hereof. This Agreement shall be governed in all respects, including validity,
interpretation and effect, by the laws of the State of Florida.
17.9 Jurisdiction and Venue. The parties hereto agree that the state or federal
courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the
subject matter of any litigation between the parties arising hereunder. For purpose of state court
action, venue shall lie within Brevard County, Florida, and for the purpose of federal court action,
venue shall lie within Orlando, Florida. THE COMPANY HEREBY WAIVES RIGHT TO
TRIAL BY JURY IN ANY ACTION BROUGHT ON THIS AGREEMENT OR ON ANY
MATTER ARISING IN CONNECTION WITH THIS AGREEMENT.
17.10 Attorney's Fees. In the event of any litigation or arbitration arising out of
this Agreement, the prevailing parry shall be entitled to an award of its reasonable attorney's fees
and court costs incurred in such action.
17.11 Franchise Costs. The Company agrees to pay the public advertising costs
incurred by the City in granting this Franchise or any renewal or assignment thereof.
17.12 Renegotiation Clause. In the event of a material change in Federal or State
law(s) or Public Service Commission rule(s) or in the event the Company enters into a franchise
or other agreement with Brevard County or any other City within Brevard County which provides
the County or other City more favorable Franchise Fees than provided to the City under this
Franchise, the City and the Company mutually agree to renegotiate those particular terms of this
Franchise affected by changes in said law(s) rule(s), or franchises or agreements. This Franchise
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shall remain in full force and effect until any negotiated amendments have been duly approved by
both the City and the Company, however, if the Company fails to negotiate said amendments in
good faith and in a timely manner, the City shall have the right to terminate this Franchise
pursuant to paragraph 10.4 herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
WITNESSES:
WITNESSES:
STATE OF FLORIDA
COUNTY OF BREVARD
CITY:
CITY OF CAPE CANAVERAL,
FLORIDA
John K. Porter, MAYOR
COMPANY:
NATIONAL UTILITY INVESTORS
The foregoing instrument was acknowledged before me this day of ,
1997, by JOHN K. PORTER, Mayor of the CITY OF CAPE CANAVERAL, FLORIDA, a
Florida Municipal Corporation, on behalf of the aforesaid municipal corporation, who is/is not
personally known to me, or has produced as identification.
NOTARY PUBLIC
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STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of ,
1997, by , of NATIONAL UTILITY
INVESTORS, on behalf of said corporation, who is/is not personally known to me, or has
produced as identification.
NOTARY PUBLIC
In
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