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HomeMy WebLinkAboutORD 1994-052 ORDINANCE NO. 94-52 „�,� AN ORDINANCE OF THE CITY OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS PROVIDING THAT THE CITY COUNCIL HAS DETERMINED AT THIS TIME THE REASONABLENESS OF BASIC CABLE SERVICE RATES; DIRECTING PARAGON CABLE TO DEVELOP A RATE REDUCTION PLAN; PROVIDING REFUNDS TO CUSTOMERS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Grapevine adopted Ordinance No. 94-11 on February 1, 1994, amending Chapter 25, by adding Article VI, Cable Television Rate Regulations, to provide for regulation of basic service cable television rates in accordance with the Cable Television Consumer Protection and Competition Act of 1992 ("Cable Act of 1992"); and WHEREAS, the City of Grapevine notified Paragon Cable of its rights to regulate � �F such rates on February 9, 1994; and WHEREAS, Paragon Cable, in accordance with the Cable Act of 1992 and � � Chapter 25, Article VI, Grapevine Code of Ordinances, submitted FCC form 393 in order to establish its initial permitted charge per channel; and WHEREAS, on April 5, 1994, the Grapevine City Council adopted Resolution No. 94-10, tolling the initial permitted rates for 90 days; and WHEREAS, the City entered into an agreement with Reed-Stowe and Company on April 18, 1994 to review Paragon Cable's initial rate filing; and WHEREAS, Reed-Stowe and Company has reviewed and analyzed the components of FCC Form 393 filed with the City by Paragon and recommends that the City Council take action to reduce the initial permitted rates and require Paragon Cable to refund customers for the overcharges from September 1, 1993 to July 14, 1994. 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 Paragon Cabie is hereby directed to develop and submit to the City of Grapevine a specific plan for instituting the required rate reduction 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. Section 3. That the City Council hereby directs Paragon Cable to reduce its maximum permitted rate per channel from $0.441 to $0.430, and reduce its maximum permitted rates relative to installation and equipment charges as further described in the attached report from Reed-Stowe and Company, also known as Exhibit "A" attached hereto and made a part hereof. Section 4. That Paragon Cable is directed to provide refunds to its customers who have received service between September 1, 1993 and July 14, 1994, based upon the reductions outlined in the Reed-Stowe and Company report. 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 5th day of .lulv , 1994. APPROVED: Will m D. Tate Mayor � � ORD. N0. 94-52 2 �. �. ATTEST: �.� R Jo i C. Brown sistant City Secretary APPROVED AS TO FORM: St ry ' ant it torney ,�, . �,n. � � ORD. N0. g�_�� 3