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R02-132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESO ONNO. fl )av- / 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE FEE SCHEDULE FOR THE SUBMITTAL OF APPLICATIONS FROM CABLE PROVIDERS AND OPEN VIDEO SYSTEMS PROVIDERS FOR A CABLE FRANCHISE OR LICENSE; RESPECTIVELY; PROVIDING FOR THE METHOD TO CALCULATE THE COST ASSOCIATED WITH THE REVIEW OF THE FRANCHISE OR: LICENSE APPLICATION; PROVIDING PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of BOYNTON BEACH, Florida on June 20, 2000 adopted Ordinance No. 00-31 regarding the franchising and licensing of cable service providers and open video systems; and WHEREAS, Ordinance No. 00-31 requires that an application be filed which shall be accompanied by a non-refundable fee in amounts to be established from time to time by the City Commission by Resolution to off-set the administrative cost of the review of the applications; and WHEREAS, the City staff recommends that the fee schedule adopted by the City recapture the costs of the hours associated with the review by the applicable City staff, as well as any experts/consultants that may be required by the City to review the fi:anchise or license application; and WHEREAS, the City staff further recommends that fifty percent (50%) of the recommended fee schedule shall be non-refundable, with the balance utilized as a deposit to ensure that the City will recapture the costs of the City's review; and City staff further recommends that an additional deposit from the applicant would be required upon the depletion of the fees and additional staff time is required to complete the review of the application; and KLEXdjd 0427001rev' 071602 C:kDocuments and Settingsklamannar'g~cal Settings\Terrrporary Intemet Files\OLKB0\telecom fee schedule.doc Page 1 of 4 8 9 10 11 12 13 1 2 3 4 5 6 7 WHEREAS, at a minimum, the City departments involved in the review will include Financial Management, City Manager's Office, Public Works (including Engineering) and the City Attorney's Office, and the cost would be calculated based upon the hourly rates of the applicable staff, plus administrative overhead, and will be calculated by the Department of Financial Management; and WHEREAS, the City Commission concurs with the recommendation of the City staff and believes it is in the best interest of the City of BOYNTON BEACH, Florida to establish the fee schedule as required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Secticm 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. The application fee required to accompany the application submitted for a franchise or license for cable service or open video systems pursuant to Ordinance No. 00-031 of the City of BOYNTON BEACH, Florida, shall be as follows: Initial Application for a Franchise or License Renewal of Franchise or License Transfer of a License or Franchise (other than a pro forma transfer) For a pro forma transfer of a Franchise or License For modification of a Franchise Agreement pursuant to 47 U.S.C. §545 For any other relief $10,000.00 $ 7,500.00 $ 7,500.00 $ 3,500.00 $ 2,500.00 $1,000.00 Of the above-referenced amounts, fifty percent (50%) shall be retained as a non- refundable fee and the remaining fifty percent (50)%) shall be retained as a deposit to ensure the City is able to recapture all costs associated with the review of the application. KLE/djd 042700[rev. 071602 C:kDocuments and Settings~lamannarkLocal Settings\Temporary Internet Files\OLKB0\telecom fee schedule.doc Page 2 of 4 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 Section q. The City Commission of the City of BOYNTON BEACH, Florida, hereby declares that should the cost of the review deplete the application fee, the applicant shall be required to submit an additional deposit with the City prior to the completion of the review. At a minimum, the additional deposit shall equal fifty percent (50%) of the original application fee. In addition, the City Commission further declares that where the cost of the staff time required to review the application is greater than fifty percent (50%) of the total application fee, plus any additional deposit, but less than one hundred percent (100%) of the total fee paid, the application shall receive a reimbursement for the unused portion of the fee. Section 4. The City Commission of the City of BOYNTON BEACH, Florida, further declares that the calculation for the cost of City staff shall be based on the apphcable staff's hourly rate plus the administrative overhead. The overhead rate shall be based on the prior fiscal year audited numbers. In addition, it is the intent of the City to recapture any cost associated with the need to have experts/consultants assist in the review of the application. Therefore, the City Commission further declares that, in addition to the cost of staff time, the applicant shall be responsible for reimbursing the City for any and all costs associated with the review of the application by outside experts/consultants. Section 5. The Department of Financial Management shall coordinate with the applicable Departments and maintain a record of the hourly rates, including administrative overhead, of the staff responsible for reviewing the applications. The Department of Financial Management shall provide to the required Departments a time sheet to be utilized for each application to be reviewed. The Department of Financial Management shall also be responsible for calculating the total cost for the review of the application and processing any reimbursement to the applicant, if required. KLE/djd 042700lrev' 071602 CSDocuments and SerdngsXlamannar~Local Settings\Temporary Interact Files\OLKB0\telecom fee schedule.doc Page 3 of 4 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall become effective upon adoption. PASSED AND ADOPTED BY THE ~Yr COMMISSION OF THE CITY O TON EAC}I, OmDA, TInS mY Or,/4 4 2?02. MAYOR ~C~OMMISSIONER COMMISSIONER / ~/ - KLE/djd 042700[rev. 071602 C:~Documents and Settingsqamannar~ocal Settings\Temporary Internet Files\OLKB0\telecom fee schedule.doc Page 4 of 4