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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
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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.
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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.
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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.
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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 / ~/ -
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