HomeMy WebLinkAboutRES 1995-004 �1lC�•faR
� RESOLUTION NO. g5-04
�,,.> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DIRECTING THAT THE PROPOSED
SCHEDULE OF RATES SUBMITTED BY PARAGON CABLE
BE ALLOWED TO BECOME EFFECTIVE 120 DAYS FROM
SUBMISSION SUBJECT TO REFUND AND REDUCTION;
DIRECTING PARAGON CABLE TO KEEP AN ACCOUNT OF
ALL AMOUNTS RECEIVED BY REASON OF PROPOSED
RATES; DIRECTING THE CITY SECRETARY TO NOTIFY
PARAGON CABLE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is certified to regulate basic cable service
rates pursuant to the 1992 Cable Act (the "Act") and FCC Rules; and
WHEREAS, the City of Grapevine adopted Ordinance No. 94-1 1 on February 1 ,
1994, ("Ordinance") prescribing procedures for rate regulation consistent with the Act
and FCC Rules, and is regulating basic cable rates; and
WHEREAS, within the past 120 days, Paragon Cable submitted to the City a
"�"� FCC form 1210, with a proposed schedule of rates, hereafter called "Form 1210",
and the City of Grapevine, having ordered the tolling of the effective date of such
'�°~' rates as set forth in Resolution No. 94-50, passed and approved on November 15,
1994; and
WHEREAS, because the rates in Form 1210 generally become effective 120
days from their submission unless the City of Grapevine has taken action on them,
and, it is now apparent that the City of Grapevine may not take action within such
time period; therefore to protect the interests of its residents, the City of Grapevine
wishes to direct Paragon Cable to keep an accurate account of all sums received by
reason of such rates and on whose behalf such amounts were paid, such that if and
to the extent the City of Grapevine later issues a written decision disapproving any
portion of such rates that appropriate refunds may be ordered for subscribers in the
City of Grapevine, as well as prospective reductions; and
WHEREAS, the City of Grapevine possesses the powers conferred by the Act
and FCC Rules, and described in its Ordinance and may adopt additional rules
applicable to basic cable service rate regulation proceedings consistent with the Act
and FCC Rules and take any action not prohibited by the Act and FCC Rules to protect
the public interest in connection with basic cable service rate regulation.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
�a-� GRAPEVINE, TEXAS:
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Section 1 . That all statements in the preamble are true and correct as if copied
herein in their entirety.
��., a Section 2. That, pursuant to the Act, the FCC Rules and the Ordinance, the
City of Grapevine hereby orders that the proposed schedule of rates submitted by
Paragon Cable with its Form 1210 shall be allowed to become effective 120 days
after submission to the City of Grapevine, subject to refund and prospective reduction
if, and to the extent, the City of Grapevine later issues a written decision disapproving
any portion of such rates.
Section 3. That, pursuant to the Act, the FCC Rules and the Ordinance, the
City of Grapevine hereby directs and orders Paragon Cable to keep an accurate
account of all amounts received by reason of the rates proposed with the Form 1210
and on whose behalf such amounts were paid.
Section 4. That the City Secretary is hereby directed to mail a copy of this
resolution to Paragon Cable.
Section 5. That this resolution shall become effective from and after the date
of its passage.
`� � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of February , 1995.
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APPROVED:
G���
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
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RES. N0. 95-04 2
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„��� APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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RES. N0. 95-04 3