Ord. No. 20-84-1215ORDINANCE NO.20-84-1215
AN ORDINANCE OFTHE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING ORDINANCE NO.17-79-1039 BY AMENDING
SECTION 14 SUBSECTION 4THEREOFBY PROVIDING THAT
SHOULD A GRANTEE (LICENSEE OFA CABLE TELEVISION
SYSTEM)OFA LICENSE TO COMMENCE OR ENGAGE IN
CONSTRUCTION,OPERATION OR MAINTENANCE OFA CABLE
TELEVISIONSYSTEMWITHINTHECITYDESIRETOCHANGE
ANY RATE OR RATES,CERTAIN REQUIRED PROCEDURES
THEREFOR REQUIRING A WRITTEN PROPOSAL FOR THE
AMOUNTS ANDEFFECTIVEDATEOFSAIDCHANGETOTHE
CITY MANAGER AND REQUIRING THE PROPOSAL TOBE
PLACED ONTHE AGENDA OFTHENEXT ENSUING CITY
COMMISSION MEETINGPRIORTO CONSIDERATION OFSAID
PROPOSALTODETERMINE WHETHER ORNOTAPUBLIC
HEARINGISDESIREDTHEREONANDSETTINGOFSAME
WITHINA CERTAIN TIME OR,IF DETERMINED BYTHE
CITY COMMISSION,THAT A PUBLIC HEARING ISN'T
NECESSARY,APPROVAL OF THE PROPOSED CHANGE BYTHE
CITY COMMISSION OR,IN THE ALTERNATIVE,IFA PUBLIC
HEARING IS SET,REQUIRING NOTIFICATION BYTHE
GRANTEE TO EACH SUBSCRIBER,IN WRITING,MAILED
WITHINACERTAIN TIME!OFTHEPROPOSEDSAIDCHANGE
ANDTHE DATE ANDTIMEOFPUBLIC HEARING;PROVIDING
FURTHER OF EVIDENTIARY HEARING TO DETERMINE IF CERTAIN
CRITERIA ASSET FORTH IN THE ORDINANCE HAVEBEEN MET;
REQUIRING HEARING FROM THE PUBLIC AND ADOPTION OF A
RESOLUTION APPROVING,DISAPPROVING OR MODIFYING PROPOSED
RATE CHANGE,INCLUDING COMPLETE FINDINGS OF FACT AND
CONCLUSION,REGARDING ALL BASIC ELEMENTS CONSIDERING
THE RATES;PROVIDING A RATE INCREASE SHALL NOT BE CONSID
ERED WITHIN ONE (1)YEAR AFTER INCREASE HAS BEEN GRANTED
AS APPLIED FOR OR WITHIN SIX (6)MONTHS AFTER PUBLIC
HEARINGWHERE INCREASE WASDISAPPROVEDORPARTIALLY
GRANTED;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
INCONFLICTHEREWITHANDPROVIDINGANEFFECTIVE DATE.
BEITORDAINEDBYTHEMAYORANDTHECITYCOMMISSIONOFTHE
CITY OFSOUTH MIAMI,FLORIDA:
Section 1.Thatsubsection4ofSection14ofOrdinance
No.17-79-1039 of the City of South Miami,Florida,be and the same is hereby
amended,to-wit:
4.Should Grantee desire to change any rate or rates,it shall
submit a written proposal for the amounts and effective date of such
change to the City Manager who shall place the proposal on the agenda
at the next ensuing Commission meeting which complies with the time
requirements for setting matters on the Commission agenda.At such
meeting,the Commission will consider such .proposal and determine
whether or not it desires a public hearing,and if so,it shallTet
the time and date for such public hearing,which shall be no sooner
than thirty (30)days after the.date of request and no later than the
last regularly scheduled meeting of the Commission prior to the"
proposed effective date of change.Ifthe Commission determines that a
a public hearing is unnecessary,it shall,by Resolution,approve the
proposed change.If a public hearing is set,Grantee shall notify each
subscriber,in writing,mailed no later than the first day of the month
after the date the Commission so acted ofthe proposed change and the
date and time of the public hearing.At such hearing,evidence shall
be taken and received on whet heir "the criteria set forth in Subsections
2and3 have been met.Upon conclusion ofthe public hearing,the City
Commission shall decidethematterbyamajorityvoteandadopta
Resolution approving-disapproving or modifying the proposed rate
caanges.i"he resolution shall set forth complete findings of fact
4(continued)
and conclusions regarding all of the basic elements considered in
determining the rates,as set forth above.A rate increase shall notbe
considered within one (1)year after an increase has been granted as
applied for,or within six (6)months after the public hearing wherean
increase was disapproved or partially granted.
Section 2.All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3.This ordinance shall be effective immediately upon the
time of its passage.
PASSED AND ADOPTED this 20th day of November ,1984.
ATTESpT
Passed on 1st Reading:11/05/84
Passed on 2nd Reading:11/20/84
-2-
APPROVED:
MAYOR