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HomeMy WebLinkAboutORD 1983-034 ORDINANCE NO. 83-34 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS PRO- VIDING RATES FOR THE PROVIDING OF CABLE TELEVISION RATES IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY WITH A FINE NOT TO EXCEED $200.00 " FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN � EFFECTNE DATE WHEREAS, the City has original jurisdiction over Cable Television Systems within the City limits; and WHEREAS, the City is obligated to require from those Companys 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 T.V. franchisers (operator), the City shall comply with Federal Communication Commission rules and regulations, and other 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. � 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. 14?ai? to the operator at its local offic. Within the time as may be specified �ay 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 reamin in full force and effect. SECTION 6. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdeameanor 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 1 st day of Auclust , 198 3 . DULY PASSED by the City Council of the City of Grapevine, Texas, this the 21st day of J�e , 1983. � Mayor, City of Grapvine, Texas ATTEST: APPROVED AS TO FORM: �Z-I�tJ Cit Secretary City Attorney [SEAL] , -2- EXHIBIT "A" TO • ORDINANCE NO. 83-34 GROUP W. CABLE, INC. COMPARISON OF CURRENT V. PROPOSED RATES :� :Y:. Type Charqe Current Rate Proposed Rate - Installation � First Outlet, Aerial $14 . 95 $24 . 95 First Outlet, Underground 24 . 95 34 . 95 Additional Outlet 9 . �5 19 . 95 Monthly Service Charge, With . Converter First Outlet 7. 50 8. 50 � Additional Outlet 3. 00 5 . 00 Monthly Service Charge, Without ' Converter First Outlet � 6 . 00 7. 00 Additional Outlet 1. 50 3. 50 ; FM Radio Service Installation 9 . 95 19 . 95 Monthly Charge (each outlet) 1. 50 1. 50 � Converter Deposit -0- 45.00 Pay TV Services Installation First Outlet Free/$9 . 95 Free/$19 . 95 Additional Outlet Free/$9 . 95 Free/$19 .95 Monthly Service Charges First Outlet 7. 95 9 . 95* Additional Outlet Free Free Mini-Pay TV Service � Installation ; First Outlet Free/$9 . 95 Free/$19 . 95 , Additional Outlet Free/$9 . 95 Free/$19 . 95 � rionthly Service Charge First Outlet 3. 95 6 . 95 Additional Outlet Free Free Reconnect Fee 9 . 95 19 . 95 � Delinquent Account Requiring Trip to Subscriber' s Home 2 . 50 7 . 50 Tuning-Related Service Calls - 14 . 95 Video Recorder Connections or Service Calls - 19 . 95 .:.::� *There is a $2. 00 discount for each pay service after the first one