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 Ordinance No. 93-19 is hereby repealed in its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.
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(SEAL)
Sookle Williams pe
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FICLAL AL
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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