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 .
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APPROVED:
�
M'ayor
ATTEST:
.
Cit Secretary
APPROVED AS TO FORM:
Z
#` City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 84-84
GROUP W CABLE TV, INC.
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SERVICE CURRENT RATE PROPOSED RATE
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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.
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