Loading...
HomeMy WebLinkAboutOrdinances (O-84-526)-12/31/1984 1 2 3 4 5 6 7 8 9 10 11 12 ~ ov ~~ ~-(4-!f Lr1;j 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 THAT Parts M and N of Section 10 of Chapter 4 of the 13 Colleyvi1le Code are hereby repealed in their entirety. 14 Sec. 2. 15 16 17 18 19 20 21 22 23 24 25 I I 26 I I THAT in substitution for the provisions repealed by Section 1 hereof, the following is adopted: "M. Rates.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 1 Ordinance 0-84-526 1 2 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. 3 4 5 6 7 8 9 10 11 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. I 12 13 14 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 15 16 17 18 Robert ~E: -Neely; Miyor 19 LaVada Johnson City Secretary Approved as to Form and Legality: 20 21 22 Ross T. Foster 23 City Attorney 24 25 2 26 l