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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-002Temp. Ord. #2190 February 9, 2010 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO.O-2010- G7/52\ AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 5 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "CABLE TELEVISION", BY SPECIFICALLY AMENDING SECTION 5.5- 22, ENTITLED "DEFINITIONS"; PROVIDING A NEW DEFINITION FOR THE TERM "FRANCHISE"; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 5, Article II, of the City Code of Tamarac is the City of Tamarac ("City")'s Cable Television Ordinance ("Cable Ordinance"); and WHEREAS, the Cable Ordinance sets forth, inter alia, provisions for the City's issuance of a Franchise to construct, maintain, and operate a Cable System in the City's rights -of -ways; and WHEREAS, Florida enacted the Consumer Choice Act of 2007, Chapter 2007- 29, effective July 1, 2007, which provides, inter alia, for the Florida Department of State to be the franchising authority for a state -issued franchise for the provision of cable or video service, Section 610.102, Florida Statutes, and provides for the definition of "Franchise," Section 610.103(6), Florida Statutes; and WHEREAS, the City Commission deems it to be in the City's best interests to amend the City's Code of Ordinances to clarify the City's provisions in the Cable Ordinance in light of the changes to Florida law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a CODING: Words in strokehreuo type are deletions from existing law; Words in underlined type are additions. i emp. vra. *;eiyu February 9, 2010 Page 2 part hereof. Section 2. Chapter 5, entitled "Cable Television," of the Code of Ordinances of the City of Tamarac shall be amended by amending specifically Section 5.5-22, entitled "Definitions," as follows: Sec.5.5-22. Definitions. Franchise means the right authorization granted by the city or by any governmental entity empowered by federal, state, or local law to grant a franchise, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise+^ a franehisee an to construct, maintain and operate a Cable System or video service provider network facility under, on, and over streets, roads and any other public ways, rights -of -way, or easements within all or specified areas of the city. The term does not include any license, business tax receipt, or permit that may be required by this article or other federal, state or local laws, ordinances or regulations of the-eity for the privilege of transacting and carrying on a business within the city or for disturbing or carrying out any work on any street. To the extent not inconsistent with applicable law, a party with an existing city -issued Franchise that obtains a state -issued Franchise upon the expiration or termination of its city -issued Franchise shall have obtained the renewal of its authorization to construct, maintain and operate a Cable System in the rights -of -ways until such time as the state -issued Franchise is not extended, renewed, or effective, and subject to applicable federal, state and local law governing use of the rights -of -way. Section 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2190 February 9, 2010 Page 3 l not affecting the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this /Q day of2010. PASSED, SECOND READING this day of -11-�.i , 2010. t BY: ATTEST: MAYOR BETH TALABI CO MARION SW€N ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SA UEL S. G EN CITY ATTORN Y RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: VM DRESSLER � RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO-� DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: VM DRESSLER" CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions.