File #: 21-0058    Version: 1 Name: Ch30 (Cable Communications) Repeal
Type: Agenda Item Status: Approved
File created: 1/13/2021 In control: City Council
On agenda: 1/26/2021 Final action: 1/26/2021
Title: Consider and take action on an ordinance repealing Chapter 30 of the Code of Ordinances of the City of League City, entitled "Cable Communications" since such provisions have been preempted by state law (City Attorney) Staff recommends approval on first and final reading.
Attachments: 1. Data Sheet, 2. Proposed Ordinance, 3. Staff Redline Changes

Title

Consider and take action on an ordinance repealing Chapter 30 of the Code of Ordinances of the City of League City, entitled "Cable Communications" since such provisions have been preempted by state law (City Attorney)

 

Staff recommends approval on first and final reading.

 

Background:

As part of an ongoing project, the City Attorney's office has been updating, and when necessary, repealing defunct sections of the City's Code of Ordinance.  This item will repeal Chapter 30, entitled "Cable Communications" in its entirety. 

 

On October 5, 1992, the Texas Legislature adopted the Cable and Television Consumer Protection and Competition Act (the "Act").  The Act allowed municipalities to regulate the cable rates charged by cable operators for the basic cable service tier if the cable operator was not subject to effective competition. 

 

On December 16, 1993, the City adopted Ordinance 93-109 which added Chapter 30, entitled Cable Communications" which regulated the rates charged by cable operators as allowed by the Act. 

 

In 2005, the Texas Legislature adopted Senate Bill 5, which created Chapter 66 of the Texas Utilities Code and replaced the Act.  As the provisions in Chapter 30 in the City's Code have been preempted by Chapter 66 of the Texas Utilities Code, staff is recommending a repeal of Chapter 30 in its entirety.  

 

CONTRACT ORIGINATION: N/A

 

Attachments:

1.  Data Sheet

2.  Proposed Ordinance

3.  Staff Redline Changes

                                     

FUNDING

{  } Funds are available from Account #________                                          

{  } Requires Budget Amendment to transfer from Account #______ to Account #______

{x} NOT APPLICABLE

 

STRATEGIC PLANNING

{  } Addresses Strategic Planning Critical Success Factor # ______ and Initiative # ______

{x} NOT APPLICABLE