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HomeMy WebLinkAboutORD 1984-084 ORDINANCE NO. 84-84 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS PROVIDING RATES FOR THE PROVISION OF CABLE TELEVISION SERVICE IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY WITH A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN EFFECTIVE DATE � WHEREAS, the City has original jurisdiction over Cable Tele- vision Systems within the City limits ; and WHEREAS , the City is obligated to require from those Companies it regulates all necessary data to make reasonable determination of rate base, expenses , investment, and rate of return within the municipal boundaries of the City; and WHEREAS, the City has previously established said rates; and WHEREAS, it is necessary for the City Council to amend said rates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . Rate Setting. In setting the rates of all Cable TV franchisers (operator) , the City shall comply with Federal Communication Commission rules and regulations , and other "`�"�'h relevant laws of the State of Texas, as interpreted by the Courts . � Section 2. Hearings. No change in rates shall be granted without public hearing at which the operator shall have the burden of proving, through clear and convincing evidence, the necessity for such change. All hearings shall be before the City Council. Said public hearing for this proposed rate increase was held on October 2 , 1984 . Section 3 . Rate Review by the City. By resolution of the City Council, City may institute a review of the rates of an operator. Notice of any such review shall be given to the operator by sending a copy of such resolution by U. S . Mail to the operator at its local office. Within the time as may be specified by the City Council, the operator shall file with the City Secretary all information that may be reasonably requested by the City Council. Section 4 . Rates. The rates shown on Exhibit "A" are approved by the City Council and will be effective from and after the effective date of this ordinance . Section 5 . Severability. If any section, article, �"°" paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to 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 the 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 . Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200 . 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues after the notice period provided herein has expired. The Court shall order removal and abatement of the nuisance . Section 7 . This ordinance shall become effective on the lst day of January, 1985 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS this the 4th day of December, 1984 . � APPROVED: � M'ayor ATTEST: . Cit Secretary APPROVED AS TO FORM: Z #` City Attorney �.<_. �. , �� EXHIBIT "A" TO ORDINANCE NO. 84-84 GROUP W CABLE TV, INC. �r$. SERVICE CURRENT RATE PROPOSED RATE �� Basic with converter First outlet . . . . . . . . . . . $8 . 50 $9 . 95 Additional outlet . . . . . . . . $5 . 00 $5 . 75 Basic without converter* First outlet . . . . . . . . . . . $7 . 00 $8 .45 Additional outlet . . . . . . . . $3 . 50 $4 . 25 *This service is available if the customer has a "cable ready" television set. �. _ �._. �.���