HomeMy WebLinkAboutOrdinances (O-84-526)-12/31/1984
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ORDINANCE NO.
0-84-5?6
AN ORDINANCE AMENDING SECTION 10 OF CHAPTER 4 OF THE COLLEYVILLE
CODE BY REPEALING CERTAIN RATE REGULATION PROVISIONS AND THE
ESTABLISHMENT OF CERTAIN RATES, AUTHORIZING THE OPERATOR TO MAKE
CHANGES IN RATES, PROVIDING FOR REVIEW AND LIMITATION OF THOSE
RATE CHANGES BY THE CITY COUNCIL, AND ESTABLISHING A PROCEDURE
PURSUANT TO WHICH SAID REVIEW SHALL BE CONDUCTED.
WHEREAS, the City Council is of the opinion that the cable tele-
vision franchise operators should be free to set their
rate structure subject to review by the City Council;
and,
WHEREAS, the City Council believes that the passage of this
ordinance will reduce the cost of the rate-making pro-
cess, both to the cable operator and the City; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
'Sec. 1. THAT Parts M and N of Section 10 of Chapter 4 of the
13 Colleyvi1le Code are hereby repealed in their entirety.
14 Sec. 2.
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THAT in substitution for the provisions repealed by
Section 1 hereof, the following is adopted:
"M. Rates.
The operator may from time to time change the rates
charged within the City. The operator shall give the
City sixty (60) days written notice prior to implementa-
tion of any rate change, specifying each proposed change
in rates. The City may, prior to the expiration of said
sixty (60) day period, notify the operator of the City's
intention to review the proposed rate change. In the I
event the City elects to review said rate change, no '
modification in rates shall be implemented by the opera- I
tor until approved by the City Council pursuant to the I
procedure set out in Part N below.
N. Procedure for Rate Review.
In the event the City gives the operator notice of its I
intention to review a proposed change in rates, the City
Secretary shall fix a date for a hearing before the City
Council, which shall be no sooner than fifteen (15) days
nor later than forty-five (45) days from the date the
notice of intention to review is given. Notice of
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Ordinance 0-84-526
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hearing shall be published in a newspaper of general
circulation published in the City at least once within
ten (10) days of the date the notice is given. After
such public hearing, the City shall have the right
within fifteen (15) days to request such documentation
as it or its attorneys, consultants or staff may re-
quire, and the City Council shall approve, modify, or
deny the proposed change in rates within ninety (90)
days of the city giving notice of intention to review.
In the event the City is unable to make a determination
on rates prior to ninety (90) days after the giving of
notice of intention to review, the operator may put into
effect the modified rates under bond which shall be
effective until the City shall make its determination,
and if such rates as are finally approved by the City
are lower than those put into effect by the operator,
credits or refund shall be made to customers. Review of
the rates approved by the City Council shall be by the
substantial evidence rule.
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In the event sales tax or copyright fees are imposed,
the operator shall have the right to pass on such
charges to subscribers.
I AND IT IS SO ORDERED.
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The first reading and public hearing being conducted on the
day of ' 1984.
The second reading and public hearing being conducted on the
day of ' 1984.
The third reading and public hearing being conducted on the
day of ' 1984.~~
ATTEST: CITY OF COLLEYVILLE
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Robert ~E: -Neely; Miyor
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LaVada Johnson
City Secretary
Approved as to Form and Legality:
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Ross T. Foster
23 City Attorney
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