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HomeMy WebLinkAboutOrdinance_03-09_05/14/2009ORDINANCE NO 3-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, (THE "VILLAGE") AMENDING APPENDIX A. FRANCHISES. BY REPEALING ARTICLE I. CABLE TELEVISION FRANCHISE. IN ITS ENTIRETY SINCE IT HAS EXPIRED AND SUCH FRANCHISES ARE NO LONGER ALLOWED BY LAW; READOPTING A NEW ARTICLE I. TO PROVIDE FOR THE REFERENCE OF A NEW FRANCHISE AGREEMENT APPROVED BY PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY ("COMPANY") AND THE VILLAGE; WHICH AGREEMENT PROVIDES FOR STANDARDS, TERM, INDEMNIFICATION AND ENFORCEMENT.; FURTHER AMENDING APPENDIX A. FRANCHISES. BY REPEALING AND READOPTING IN ITS ENTIRETY ARTICLE III. SOLID WASTE FRANCHISE. TO UPDATE THIS ARTICLE TO REFERENCE A NEW AGREEMENT WHICH WAS APPROVED BY THE VILLAGE ON SEPTEMBER 13, 2007; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida desires to update its code to provide for the expiration of its Cable Television Franchise, which was in effect on April 6, 1998, until April 6, 2008; and WHEREAS, the Village Council of the Village of Tequesta, Florida recognizes that pursuant to the authority set forth in Section 253 of the Telecommunications Act and Section 337.401, Florida Statutes, the Village is now preempted by the state from imposing franchise fees on providers of "communication services", which include cable services as the term is defined by Section 202.11(2), Florida Statutes; and WHEREAS, the Village Council of the Village of Tequesta, Florida recognizes that the various forms of energy, including gas energy, are an integral part of everyday life; and WHEREAS, the Village Council of the Village of Tequesta, Florida believes that it is in the best interest of the health, safety and welfare of its citizens to set forth certain procedures, standards, rules and regulations under which providers of gas energy will be able to best serve the citizens of the Village; and WHEREAS, the Village Council of the Village of Tequesta, Florida desires to reference in its code of ordinances a new franchise agreement agreed upon by the parties to authorize and grant the non-exclusive permission for Peoples Gas System, a division of Tampa Electric Company to utilize the same streets, rights-of-way and/or public easements under certain terms and conditions; and WHEREAS, the Village Council of the Village of Tequesta, Florida desires to update its code to reference a new solid waste franchise agreement agreed upon by the parties as of September 13, 2007 to grant Waste Management Inc., the authority to provide solid waste and recyclable collection services under certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The Code of Ordinances of the Village of Tequesta, Florida is hereby amended at Appendix A. Franchises. by repealing Article I. Cable Television Franchise. and adopting an entirely new Article I. to provide for reference of a new franchise entitled "Natural Gas Franchise"; and by repealing Article III. Solid Waste Franchise. at Appendix A. Franchises. and adopting an entirely new Article III. to provide for reference of a new franchise entitled "Solid Waste Franchise"; providing that Appendix A. shall hereafter read as follows: APPENDIX A. FRANCHISES ARTICLE I. Natural Gas Franchise Sec. 1. Franchise Agreement. The franchise agreement between the Village of Tequesta, Florida and Peoples Gas System, a division of Tampa Electric Company consisting of 12 pages and approved by the Village Council on April 9, 2009 and by Company on May 7, 2009 is hereby included in this appendix by reference and shall be kept on file at the Office of the Village Clerk. Secs. 2.- 6. Reserved. ARTICLE II. (Shall remain the same as previously adopted.) ARTICLE III. Solid Waste Franchise Sec. 1. Franchise Agreement. The franchise agreement between the Village of Tequesta, Florida and Solid Waste Management, Inc., consisting of thirty-seven pages plus additional exhibits and approved by the Company and the Village Council by Resolution on September 13, 2007 is hereby included in this appendix by reference and shall be kept on file at the Office of the Village Clerk. Secs. 2.- 6. Reserved. Section 2: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 3: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 4: Specific authority is hereby granted to codify and incorporate this Ordinance into Appendix A. of the existing Code of Ordinances of the Village of Tequesta. Section 5: This Ordinance shall take effect immediately upon adoption. Upon First Reading this 9th day of April 2009, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Turnquest and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins X Vice-Mayor Tom Paterno X Council Member Vince Arena X Council Member Jim Humpage X Council Member Calvin Turnquest X Upon Second Reading this 14th day of May 2009, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Council Member Arena and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X ABSENT X The Mayor thereupon declared the Ordinance duly passed and adopted this 14th day of May, 2009. MAYOR OF TEQUESTA ATTEST: ,,. ~~. t~ ~ .,,~~PG RP ORFQG'-', -. ~•VO -qj,•.~N, Lori McWilliams, CMC D Village Clerk (~_.INCORPORATED . !/ ~ ~ Pat Watkins