ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING CHAPTER 14, ARTICLE I OF THE CODE OF THE CITY OF ST. AUGUSTINE; AMENDING SECTION TO PROVIDE MORE FLEXIBILITY TO GRANTEES AND THE CITY FOR FRANCHISE RENEWAL; PROVIDING FOR THE CITY COMMISSION TO DETERMINE THAT RENEWAL OF A FRANCHISE GRANT IS IN THE PUBLIC INTEREST; PROVIDING FOR THE CITY COMMISSION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE IN GOOD FAITH FAIR AND REASONABLE TERMS AND CONDITIONS FOR THE RENEWAL OF A FRANCHISE; PROVIDING FOR NEGOTIATING POLICIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, , Florida Statutes, provides for procedures for the adoption of ordinances and resolutions by municipalities; and WHEREAS, there are currently two separate trolley train franchise grantees operating upon the city streets; and WHEREAS, each grantee may request a renewal of its franchise at any time during a five (5) year window prior to the termination of its franchise; and WHEREAS, one grantee has requested a renewal early in the five year window, and the other has chosen not to do so at this time; and WHEREAS, the current code requires that all terms and conditions be identical between grantees, regardless of the public health, safety and welfare needs of the city and the needs of the individual grantee at the time of its franchise renewal; and Page 1 of 5 (CA)

2 WHEREAS, in order to provide the grantees with an opportunity to stagger the renewal and termination dates of their franchises, while contemporaneously addressing the relevant conditions at the time of the renewal with specific franchise terms, the City Commission finds that the code must be amended to provide more flexibility to both the grantees and the city; and WHEREAS, the terms and conditions applicable shall be fair and reasonable, in the public interest, and negotiated in good faith with each franchise grantee at the time of the individually requested renewal; and WHEREAS, the City Commission appointed a steering committee to recommend a vision plan, titled the City of St. Augustine Vision Plan: 2014 and Beyond. The Vision Plan s purpose was to understand the trends and forces that will shape the future for the City of St. Augustine, and and take into account the needs, hopes, expectations and values of our residents, property owners, businesses and visitors. The Vision Plan s guiding principle was to achieve balance; and WHEREAS, the City Commission for the City of St. Augustine finds that it is in the best interest of public health, safety and general welfare that the following amendments be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS: Page 2 of 5 (CA)

3 Section 1. Amending the Code of the City of St. Augustine. Chapter 14, Article I, Section 14-19, is hereby amended, as follows: Sec Performance committee and performance renewal. (a) There is hereby established a grantee performance committee whose members shall consist of the city manager and his/her designates ("the committee"). From time to time during each grantee's franchise grant (the duration of which is established pursuant to each grantee's franchise agreement) the committee shall evaluate each grantee's performance based upon the following categories: (1) Compliance with the terms and conditions of this article and grantee's franchise agreement; (2) Responsiveness to customer complaints; (3) Safety; (4) Cleanliness, condition and appearance of sightseeing motor vehicles. (b) After each such evaluation by the committee, an evaluation report specifically addressing each area of committee concern shall be provided to the evaluated grantee ("evaluation report"). (c) (d) Each grantee may, within five (5) years of the scheduled termination of that grantee's franchise agreement, apply to the city commission for a renewal of that grantee's franchise agreement. The city commission shall determine if the grantee has reasonably addressed all concerns outlined in the committee's most recent evaluation report of the grantee. If the grantee has met this threshold and the city commission determines that a renewal is in the public interestthe city commission may authorize the city manager or his or her designee to commence negotiation in good faith of fair and reasonable terms and conditions for the renewal of its franchise. Nothing contained herein shall be construed to prohibit any amendment to this ordinance which is applicable to all grantees. In negotiating the terms of a franchise agreement, the city manager shall be guided by the best interests of the City. In Page 3 of 5 (CA)

4 weighing the merits of alternative proposals or competing terms, the city manager shall prioritize the terms and conditions that promote the health, safety and welfare of the public. Specifically, the City s core objectives of livability, authenticity, character, and vitality shall be the guiding principles of all negotiations. Consistent with the City of St. Augustine s adopted Vision Plan, terms and conditions of any agreement must balance the interests of residents, businesses, institutions, and visitors that contribute to a livable, authentic, character based, and vital community. Any agreement shall identify the following, as applicable: (i) (ii) (iii) (iv) (v) (vi) the benefits to the franchise holder, the obligations of the franchise holder, the benefits to the public and to the City s economy, the costs of maintaining the necessary infrastructure, the proposed mitigation for impacts on the physical environment, fiscal costs, and quality of life, and the resulting strategic goal and policy objective met. As adopted by the City s Vision Plan, the process, terms and conditions of any negotiated franchise agreement must result in a balanced solution between the needs of a tourism economy and the pressures of a living community. (e) Final approval of any proposed franchise agreement shall be determined by the city commission. Section 2. Inclusion in Code. The City Commission intends that the provisions of this ordinance shall become and shall be made part of Chapter 14, Section of the Code of the City of St. Augustine, that the sections of this ordinance may be re-numbered or re-lettered and that the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions. Page 4 of 5 (CA)

5 Section 3. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severance of Invalid Provisions. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 5. Effective Date. This ordinance shall become effective immediately upon passage, pursuant to (4), Florida Statutes. PASSED by the City Commission of the City of St. Augustine, Florida, this day of, Nancy E. Shaver, Mayor-Commissioner ATTEST: Darlene Galambos, City Clerk (SEAL) Page 5 of 5 (CA)