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HomeMy Public PortalAbout1996-01 Repealing ordinance 93-19 as to permit the Village to withdraw its certification with the FCCORDINANCE NO. 96-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; REPEALING ORDINANCE 93-19 SO AS TO PERMIT THE VILLAGE TO WITHDRAW ITS CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO REGULATE BASIC TIER CABLE RATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Village originally adopted Ordinance No. 93-19 in order to position itself to engage in basic tier cable rate regulation under the Cable Television Consumer Protection and Competition Act of 1992 (the "Act") ; and WHEREAS, the Village has determined that the expense and effort of independently engaging in basic tier cable rate regulation is not commensurate with the benefits which would be derived by the residents of the Village; and WHEREAS, Metropolitan Dade County (the "County") has the jurisdiction and is, in fact, certified to regulate the basic tier cable rates of cable services providers operating within the Village; and WHEREAS, such regulation by the County would likely achieve comparable benefits for the residents of the Village as would be achieved by the Village's own independent cable rate regulation efforts; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Ordinance No. 93-19 is hereby repealed in its entirety. Section 2. No provision of this Ordinance shall be construed as limiting the right of the Village, in the future, to re -apply for certification with the Federal Communications Commission and engage in basic tier cable rate regulation under the Act. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" may be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 9th day of January, 1996. PASSED AND ADOPTED on second reading this 12th day of March, 1996. MAY R JOHN F. FESTA ATTES GUIDO H. NGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: kJ, RICHARD J. WEISS, VILLAGE ATTORNEY -2- MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of VILLAGE OF KEY BISCAYNE REPEALING ORD. 93-19 In the XXXXXXX Court, was published in said newspaper in the issues of Mar 1, 1996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has nett paid nor promised any person, firm or corporation any • Is ount, rebate, commission or refund for the purpose of ec ring this advertisement for publication in the said ne _ • : per. 1 (SEAL) Sookle Williams pe • FICLAL AL .. AGM FSF PE 1+ ' •, }} C ".1"r. ; ; ;:L.',•! NUMBER . Y CO �SSSON �E PIRES t<s G� OF i .lArN.'6 2000 1IILLAOE OF KEY BISCAYNE FuBLIC-NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, March 12, 1996, at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: r AN -ORDINANCE OF THE VIL- LAGE OF KEY BISCAYNE, FLORIDA; REPEALING ORDI- 9349 SO AS .TO TIE -VILLAGE TO WITHDRAW ITS CERTIFI- CATION WITH THE FEDERAL COMMUNICATIONS COMMI- SSION TO REGULATE BASIC TIER CABLE RATES; AND PROVIDING FOR SEVER - ABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinance may be ob- tained at Village Hall, Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149 or on the Internet (http://vkb.keybiscayne.fl.us). Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shalt insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. inguanzo, Jr., CMC Village Clerk 3/1 96-4-030103M