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HomeMy WebLinkAboutR-1974-053 I f I a i i j RESOLUTION NO. 53 f+ f A RESOLUTION CORRECTING ONE TYPOGRAPHICAL ERROR IN ORDINANCE NO. 25 OF CITY COMMISSION OF CITY OF DANIA, FLORIDA, ADOPTED ON MAY 7 , 1973, AND EXPRESSING ACTUAL TYPE OF HEARINGS CONDUCTED AT THE TIME OF THE ADOPTION OF SAID ORDINANCE; AND REPEALING ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS, IN CONFLICT; AND PRO- VIDING FOR AN EFFECTIVE DATE WHEREAS, the city commission of City of Dania, Florida, i adopted ordinance no. 25 on third and final reading on May 7 , 1973; i and i WHEREAS, the ordinance concerned the granting of a non- exclusive franchise to Florida Gold Coast Cable TV, Inc. ; and WHEREAS, with respect to the granting of a non-exclusive 1 franchise, the charter of the city (§25769, 1949 Special Acts of Florida, as amended) does not require the advertisement , or publi- cation, of a notice of hearing although any ordinance of the city ' must be adopted at a formal and open meeting of the city commission where objectors are given the opportunity to be heard; and i WHEREAS, in the first full paragraph on page two of said i I ordinance, reading, in part, as follows : "WHEREAS, notwithstanding the fact that the city commission of the City of Dania, has not j published notices of hearings and has not con- i ducted public hearings after advised notice, the city commission 'r and j (emphasis supplied) : WHEREAS , the said paragraph contains a typographical, or { clerical error, in that the word, "advised" , should have read, "advertised" ; and WHEREAS, Florida Gold Coast Cable TV, Inc. , has now advised the city commission that some objection to the ordinance has been raised by supervisory authorities because of an interpretation that no public hearings were held or because of an interpretation that no opportunity was given to present objections; and WHEREAS, by this resolution, the city commission wishes to state the true situation which existed with respect to the adoption of the ordinance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That with respect to ordinance no. 25 of the city commission of City of Dania, Florida, adopted on third and final reading on May 7, 1973, concerning the granting of a non- exclusive franchise to Florida Gold Coast Cable TV, Inc. , the city commission states and reaffirms that it did not advertise or publish any types of notices of hearings regarding the adoption of the I I ordinance. However, the ordinance was a regular item placed on 1 the agenda of the meeting of May 7, 1973 , after preliminary dis- cussions at earlier meetings of the city commission, and that the .y., ordinance was adopted at a regular, open and formal meeting of the city commission, after all objectors had been given an opportunity to be heard on the matter. Section 2 . That as indicated in the recitals herein, the word, "advised" , appearing on page two of the original ordinance, should have read "advertised" . i j { Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. i PASSED and ADOPTED this 18th day of March, 1974. Mayor-Commissioner Attest: i City Clerk-Auditor -2-