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2017-O-12 ORDINANCE NO. 2017-0-12 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA REPEALING CHAPTER 7.5 (CABLE TELEVISION REGULATION) OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Chapter 7.5 (Cable Television Regulation) is now regulated pursuant to the Communications Services Tax Simplification Law that took effect in 2001. 2. Criteria regarding Chapter 7.5 (Cable Television Regulation) has not been updated in our Code of Ordinances since 1993 and are now regulated pursuant to Florida Statute Section 202; therefore, Chapter 7.5 should be repealed in its entirety. NOW,THEREFORE, BE IT ENACTED by the People of the city of Edgewater, Florida: PART A. REPEALING CHAPTER 7.5 (CABLE TELEVISION REGULATION), OF THE CODE OF ORDINANCES FOR THE CITY OF EDGEWATER, FLORIDA. Chapter 7.5 (Cable Television Regulation) is hereby repealed in it is entirety and will now read pursuant to Exhibit"A". 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 All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 by a court of competent jurisdiction, such holding shall not affect the Strik g:passages are deleted. Underlined passages are added. #2017-0-12 1 remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, 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 place upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Power and Second by Councilwoman Vogt, the vote on first reading of this ordinance which was held on April 3,2017 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary Conroy X Swike4hreugh passages are deleted. Underlined passages are added. #2017-0-12 2 After Motion to approve by CQ-enLe Sk,lx—c and Second by f —,( 3s , the vote on second reading/public hearing of this ordinance which was held on May 1, 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary Conroy PASSED AND DULY ADOPTED this 1st day of May,2017. ATTEST: CITY COUNCIL OF THE CITY OF,��DDGEWATER LORIDA By: 7�%�/�ti „ f Robin L. Matusick Mike Ignasiak - City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater, Florida. Approved as to form and legality by: Florida during the City Council meeting held on Aaron R.Wolfe,Esquire this 1st day of May,2016 under Agenda Item#8 ( . City Attorney Doran,Sims,Wolfe,&Ciocchetti Strikgh passages are deleted. Underlined passages are added. #2017-0-12 3 EXHIBIT"A" CHAPTER 7.5 • : - _ _ . _ e • . _ _ e • See. 7.5 1. . . . , •. . . . , - . . .. .. • - - • . - . . •. . . . - - . . _ " . .. . - . . ••- . . . . . .. .. • council at a duly noticed public hearing. The franchisee shall notify each subscriber, in hearing, evidence shall be taken and received on whether the proposed rate or charge i& decide the matter by majority vote and adopt a resolution approving, disapproving or authorized by FCC rate regulation standards. The resolution shall set forth complete findings of fact and conclusions regarding all of the basic elements considered in the city council's. dete „t CHAPTER 7.5 RESERVED Strik gh passages are deleted. Underlined passages are added. #2017-0-12 4