ORDINANCE NO

Similar documents
CITY OF ST. AUGUSTINE

ORDINANCE NO

ORDINANCE NO

ORDINANCE NO

BEVERLY HILLS AGENDA REPORT. Meeting Date: February 7, 2017 Item Number: D 8 To:

AN ORDINANCE CREATING A MUNICIPAL SERVICE r" TAXING UNIT TO BE KNOWN AS THE "HILL 'N DALE g'::~

ORDINANCE provides for the general powers and duties of the City Council and states as follows:

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

SUMTER COUNTY ORDINANCE

Updated: 7/16/2015 9:32 AM Page 1

ORDINANCE NO. WHEREAS, Article XI of the Charter requires the City Commission to place the charter review committee s proposals on the ballot; and

29 ordinances that require a criminal history records check and a 3 to 5-day waiting period in

CITY OF PALMDALE. REPORT to the Mayor and Members of the City Council from the City Manager

ORDINANCE NO AS AMENDED BY ORDINANCE NOS. 89-3, 90-38, 92-14, 92-25, 93-1, AND 95-6.

CITY OF DEERFIELD BEACH Request for City Commission Agenda

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS:

ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, GEORGIA, CHAPTER 11, BUSINESS LICENSING AND

ORDINANCE NO NS AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENT

WHEREAS, section , Florida Statutes, provides that charter counties may

CITY OF BOYNTON BEACH SPECIAL MEETING

ORDINANCE NO

ORDINANCE NO I

ORDINANCE NO R

ORDINANCE NO

TOWN OF SEWALL S POINT

ORDINANCE 474. WHEREAS, the City Commission finds that timely inspections are the most efficient method of minimizing such hazards; and

ORDINANCE NO. 11-O-03AA

ORDINANCE # WHEREAS, on November 8, 2012, the voters of Florida approved Amendment 1 to

(Published in the Tulsa World,

CITY OF SIMI VALLEY MEMORANDUM

ORDINANCE NO

VILLAGE OF NORTH RIVERSIDE ORDINANCE NO. 17-O-09

RE: ORDINANCE NO COMPREHENSIVE PLAN TEXT AMENDMENT CPT TRANSPORTATION ELEMENT

DRD I NANCE NO

ORDINANCE NO. Page 1 of2. 20 Procedures.

ORDINANCE NO. 15- RECITALS. WHEREAS, section (2), Florida Statutes, provides for the levy of a local

John Harpootlian Thursday, June 09, :38 AM Deborah Padovan Fw: Joint Los Altos/Los Altos Hills Senior Commission

ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY OF COCOA BEACH, FLORIDA, as follows:

Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows:

CITY OF MOUNTLAKE TERRACE ORDINANCE NO. 2645

ORDINANCE NO AN ORDINANCE OF THE CITY OF HILLSBORO, TEXAS, AMENDING ARTICLE , BOARDS, COMMISSIONERS, AND

ORDINANCE NO WHEREAS, the City Commission discussed a proposal to eliminate odd year elections; and

STAFF REPORT SAUSALITO CITY COUNCIL

CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy Reed-Holguin, Community Development Director

ORDINANCE NO

Borough of Susquehanna Depot Susquehanna County, Pennsylvania. Ordinance No. 467 INTERNATIONAL PROPERTY MAINTENANCE CODE

AN ORDINANCE OF THE CITY OF PUYALLUP, WASHINGTON,

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS ADOPTING AN AMENDMENT TO THE

AGENDA ITEM # 6.F. Requirements: Appropriation Code: Costs: $ M E M O R A N D U M. TO: Mayor Mel Jurado and Members of City Council

CITY OF DEERFIELD BEACH Request for City Commission Agenda

CITY OF DEERFIELD BEACH Request for City Commission Agenda

CITY OF BONITA SPRINGS, FLORIDA ` ORDINANCE NO

PISMO BEACH COUNCIL AGENDA REPORT

LEE COUNTY, FLORIDA ORDINANCE NO. 87-1

Req. # SUBSTITUTE ORDINANCE NO

ATTACHMENT A ORDINANCE NO

WHEREAS, the City Council has created such boards and committees; and

CITY OF NORTH LAUDERDALE PARKS AND RECREATION DEPARTMENT

ORDINANCE NO. WHEREAS, Section 9.9 of the Charter of the City of North Lauderdale requires the

ORDINANCE NUMBER -2..Q.Q..3~) (City Council Series)

ARTICLE 1 GENERAL PROVISIONS

CITY COUNCIL SUMMARY REPORT. Agenda No. Keywords: Sewer Connection Fee Ordinance Amendment October Meeting Date: PREPARED BY:

CITY OF MERCER ISLAND ORDINANCE NO

CITY OF PARKLAND FLORIDA

ITEM 3 ATTACHMENT ORDINANCE NO

Tax Identification Parcel Number

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA RESOLUTION

SUMTER COUNTY BOARD OF COMMISSIONERS EXECUTIVE SUMMARY

CITY OF MERCER ISLAND ORDINANCE NO

ORDINANCE NO IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS FOLLOWS:

O AN ORDINANCE AMENDING TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE TO ADD A NEW CHAPTER 5.56 ESTABLISHING A LODGING FACILTY LICENSING PROGRAM

PROPOSED RESOLUTION NO R-01 RESOLUTION NO.

Mayor and Members of the City Council President and Members of the Board of Directors of the Estero Municipal Improvement District (EMID)

EMERGENCY ORDINANCE NO. 1636

CHAPTER 25 GENERAL PROVISIONS

ORDINANCE NO. C-14-38

PROPOSED ORDINANCE NO ORDINANCE NO.

WHEREAS, Part 10, Chapter 2, Section requires that a Special Use Permit be obtained to operate a school, private or special; and

NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ALACHUA COUNTY, FLORIDA, AS FOLLOWS:

ORDINANCE NO

the City Council has previously adopted ordinances regulating animal control; and

BILL ORDINANCE 10003

Laguna Niguel Nuisance Animals

WHEREAS, for a variety of social, economic and personal reasons, many people dwell in their vehicles on City public streets;

REQUEST FOR COUNCIL ACTION

CITY OF DEERFIELD BEACH Request for City Commission Agenda

ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WINDSOR HEIGHTS, IOWA, BY AMENDING CHAPTER 50 NUISANCES

ORDINANCE WHEREAS, Section (9), Florida Statutes, provides as follows:

Recommendation to Adopt Proposed Ordinance Relating to Pain Management Clinics

CITY OF YPSILANTI NOTICE OF PROPOSED ORDINANCE Ordinance No. 1281

MARKETING, RESEARCH, AND ADMINISTRATIVE SERVICES AGREEMENT

Ordinance vs. Resolution Conundrum. Eric Budds, Deputy Executive Director, Municipal Association of South Carolina

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LINDEN:

MAYOR KAO AND THE HONORABLE COUNCILMEMBERS

City of Palm Coast, Florida Agenda Item

VILLAGE OF BOLINGBROOK MUNICIPAL CODE

ORDINANCE NO

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROANOKE,

Transcription:

ORDINANCE NO. 2017-32 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 14-19 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, 166.041, 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)

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)

Section 1. Amending the Code of the City of St. Augustine. Chapter 14, Article I, Section 14-19, is hereby amended, as follows: Sec. 14-19. - 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)

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 14-19 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)

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 166.041(4), Florida Statutes. PASSED by the City Commission of the City of St. Augustine, Florida, this day of, 2017. Nancy E. Shaver, Mayor-Commissioner ATTEST: Darlene Galambos, City Clerk (SEAL) Page 5 of 5 (CA)