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
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