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HomeMy WebLinkAboutORD 1995-025 �. , ORDINANCE NO. 95-25 ,� , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 94-52; PROVIDING REFUNDS TO CUSTOMERS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, Paragon Cable, in accordance with the Cable Act of 1992 and Chapter 25, Article VI, Grapevine Code of Ordinances, submitted FCC form 393 on March 8, 1994, in order to establish its initial permitted charge per channel; and WHEREAS, on July 5, 1994, the Grapevine City Council adopted Ordinance No. 94-52 establishing initial permitted rates for basic service and ordering necessary refunds; and WHEREAS, Paragon appealed the City's filing to the Federal Communications Commission on August 5, 1994; and WHEREAS, the Federal Communications Commission ruled in favor of the '� � Paragon Cable appeal on February 7, 1995. .�,..W NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all the matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City Council hereby amends Ordinance 94-52 by establishing the maximum permitted rate per channel at 50.441 . Section 3. That Paragon Cable is directed to provide all other refunds with interest to its customers as directed by Ordinance 94-52. Section 4. That Paragon Cable is hereby directed to develop and submit to the City of Grapevine a specific plan for instituting the required refund within 30 days of the effective date of this ordinance and complete the refund process within 90 days „�, of the effective date of this ordinance. Said plan will indicate the principal and interest accumulated for the previous 12 months. � Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the � validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. � � Section 6. The fact that the present ordinances and regulations of the City of Grapevine are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the �8th day of April , 1995. APPROVED: � � ~ Ted R. Ware �.r Mayor Pro Tem ��' ATTEST: Linda uff City Secretary APPROVED AS TO FORM: �_ �f��� � 1 John F. Boyle, Jr. City Attorney �� � ORD. NO. 95-25 2