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
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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:
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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.
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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
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ORD. N0. 94-52 2
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ATTEST:
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Jo i C. Brown
sistant City Secretary
APPROVED AS TO FORM:
St ry
' ant it torney
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ORD. N0. g�_�� 3