HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-002Temp. Ord. #2190
February 9, 2010
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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
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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
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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.