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Ord. No. 22-93-1548ORDINANCE NO.22-93-1548 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDING ORDINANCE NO.17-79-1039 BY AMENDING SECTION 14,SUBSECTIONS 2 AND 4 TO PROVIDE FOR CABLE TELEVISION RATE REGULATION CONSISTENT WITH FEDERAL COMMUNICATIONS COMMISSION REQUIREMENTS;PROVIDING FOR SEVERABILITY;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section l.That Section 14 Subsections 2 and 4 of Ordinance No.17-79-1039 of the City of South Miami,Florida,be and the same are hereby amended as follows: 2.Anyrate |i||||;Cp|||||:§established shallbe reasonable,just and fair to the public^and shall provide the Grantoo a return upon its invoctmont roasonably sufficient to; a-.assure confidenco in Grantee's financial soundness; te-.support—arts—credit—and—attract—necessary—capital under efficient and oconomical management; g-,provide a return to equity ownerc commensurate with current—returns—&r—investment—in—other—enterprises—having corresponding risks. In determining whetherarateorchargeisreasonable,just and fair,theCityshallapply the^rate regulation criteria established by the Federal Communications CommissionJ 4.Should Grantee desire to change anyrateor rates i$|§|§||, it shall submit a written proposal for the amounts and effective date of such change to the City Manager who shall evaluate the proposal ina manner consistent with Federal Communications Commission rate regulation standards and report this evaluation to the City Commission*The City Manager's report shall be placed before the City Commission ata duly noticed public hearing,place tho proposal on tho agenda at tho noxt ensuing Commission meeting which complies with tho timo roquiromonts for sotting matters on tke—Commission—agonda.At—such—mooting,—tfee—Commission—will concidor such propocal and dotormino whothor ornotitdosirosa public—hoaring;—which—shall—be—no—soonor—than—thirty—(-3-0-)—dayc aftor the—dato—&£—roquost—and—no—lator than—fefee—last—regularly cchodulod mooting of tho Commiccion prior to the proposed offoctivo datoof change,—If tho Commission determines that a public hearing 4s—unnecessary,—it—shall/—by—Resolution,—approvo—tfee—proposed chango.££—a—public—hearing—is—set,Grantee shall notify each subscriber,in writing,mailed no later than tho first day of tho month aftor tho date tho Commission so acted of the proposed rate change and the date and time of the public hearing.At such hearing,evidence shall be taken and received on whether the criteria set forth in Subsections 2 and 3 have been met.Upon conclusion of the public hearing,the City Commission shall decide the matter by majority vote and adopt a resolution granting rate relief consistent with Federal Communications Commission Rate Regulation criteria.The Resolution shall set forth complete findings of fact and conclusions regarding all of the basis elements considered in determining the rates as set forth above.A rate increase shall not be considered within one—(-3^—year after an increase has been granted ao applied for,—or within oix (6)montho aftor tho public hoaring— 'T/horo anincreasewaodiaapprovcdorpartially granted. Section 2.Ifany section,clause,sentenceorphraseof thisordinanceshallbeheldtobe invalid orunconstitutionalby anycourtofcompetent jurisdiction,suchholdingshallinnoway affect the validity of the remaining portions of this ordinance. Section 3.All ordinances orpartsof ordinances in conflict herewith beandthesameareherebyrepealed. Section 4.This ordinance shall be effective immediately upon the time ofits passage. J PASSED AND ADOPTED this _7 day of December 1993 ATTEST jQKWM CITY CLERK RUjymD APPROVED AS TO FORM: CITY ATTORNEY'J APPROVED: Z*M*mi MAYOR Q^