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ORDINANCE NO. 93-0-17
AN ORDINANCE CREATING CHAPTER 7A (CABLE
TELEVISION REGULATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CABLE TELEVISION RATE REGULATION
CONSISTENT WITH FEDERAL COMMUNICATION
COMMISSION REQUIREMENTS; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has determined that in order to qualify to regulate cable
television rates a rate regulation ordinance consistent with the
Federal Communication Commission's rate regulation rules must be
adopted.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
CREATION OF CHAPTER 7A (CABLE TELEVISION REGULATION) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 7A is hereby created to read as follows:
Section 7A-l. Rate Requlation.
A. Any rate or charqe established for cable television
service, equipment, repair and installation shall be reasonable,
just and fair to the public.
In determininq whether a rate or
charqe is reasonable, ;ust and fair, the City shall apply the cable
television rate requlation criteria established by the Federal
Communications Commission (FCC).
~ Should a Franchisee desire to chanqe any rate or charqe,
it shall submit a written proposal for the amounts and effective
date of such chanqe to the City Manaqer who shall evaluate the
proposal in a manner consistent with FCC cable television rate
requlation standards and report this evaluation to the City
Council.
The city Manaqer's report shall be placed before the
Council at a duly noticed public hearinq.
The Franchisee shall
notify each subscriber, in writinq, of the proposed rate chanqe
and the date and time of the public hearinq.
At such hearinq,
evidence shall be taken and received on whether the proposed rate
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or charqe is consistent with FCC standards.
Upon conclusion of the
public hearinq, the City Council shall decide the matter by
maioritv vote and adopt a Resolution approvinq, disapprovinq or
modifyinq the proposed rate chanqes and providinq such relief as is
appropriate and authorized by FCC rate requlation standards. The
resolution shall set forth complete findinqs of fact and
conclusions reqardinq all of the basic elements considered in the
City Council's determination.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Jones and Second by Councilman
Mitchum, the vote on the first reading of this ordinance held on
October 18, 1993, was as follows:
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Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this let day of November, 1993.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Jack H. Ha :an, sr.
�Mayor
APPROVED FOR FORM i CORRECTNESS:
t
R 1 to A. Storey
City Attorney
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Underlined passages are added.
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