HomeMy WebLinkAboutORD 1995-025 �. ,
ORDINANCE NO. 95-25
,� , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING ORDINANCE 94-52;
PROVIDING REFUNDS TO CUSTOMERS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Paragon Cable, in accordance with the Cable Act of 1992 and
Chapter 25, Article VI, Grapevine Code of Ordinances, submitted FCC form 393 on
March 8, 1994, in order to establish its initial permitted charge per channel; and
WHEREAS, on July 5, 1994, the Grapevine City Council adopted Ordinance
No. 94-52 establishing initial permitted rates for basic service and ordering necessary
refunds; and
WHEREAS, Paragon appealed the City's filing to the Federal Communications
Commission on August 5, 1994; and
WHEREAS, the Federal Communications Commission ruled in favor of the
'� � Paragon Cable appeal on February 7, 1995.
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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 the City Council hereby amends Ordinance 94-52 by
establishing the maximum permitted rate per channel at 50.441 .
Section 3. That Paragon Cable is directed to provide all other refunds with
interest to its customers as directed by Ordinance 94-52.
Section 4. That Paragon Cable is hereby directed to develop and submit to the
City of Grapevine a specific plan for instituting the required refund 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. Said plan will indicate the principal and
interest accumulated for the previous 12 months.
� 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.
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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 �8th day of April , 1995.
APPROVED:
�
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Ted R. Ware
�.r
Mayor Pro Tem
��' ATTEST:
Linda uff
City Secretary
APPROVED AS TO FORM:
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1
John F. Boyle, Jr.
City Attorney
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ORD. NO. 95-25 2