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Home My WebLink AboutO-1979-1176 cable TV rate ordinanceORDINANCE NO. 1176 AN ORDINANCE DETERMINING AND FIXING THE SCHEDULE OF RATES TO BE CHARGED BY KIP -LEE CATV, INC., d/b/a LA PORTE CABLE TELEVISION, IN THE CITY OF LA PORTE, TEXAS; PROVIDING A PROCEDURE FOR DISCON- TINUANCE OF SERVICE; PROVIDING A PROCEDURE FOR THE CHANGING OF SUCH RATES; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. Rates. The following rates and charges are hereby determined and fixed as the rates and charges to be charged for the furnishing of cable television service in the City of La Porte by KIP -LEE CATV, INC., d/b/a LA PORTE CABLE TELEVISION (hereinafter referred to as the "Company"): CA. MONTHLY SERVICE RATE FOR REGULAR SUBSCRIBER SERVICE. Seven Dollars and Ninety-five Cents ($7.95) for the first outlet in a home, place of business or other premises and Three Dollars ($3.00) per month for each additional outlet in a home, place of business or other premises. These monthly charges are due and payable in advance on the first day of the month involved, and if any such charges are not paid by the tenth day of the month involved, the Company may impose an additional charge of Twenty- five Cents ($0.25) for such late payment. B. MISCELLA14EOUS RATES AND CHARGES: C1. Installation Charges. Twenty-five Dollars ($25.00) for the original overhead installation to the first outlet in a home, place of business or other premises of a new subscriber, and Ten Dollars ($10.00) for the original overhead installation of each additional outlet in a home, place of business or other premises. Thirty-five Dollars ($35.00) for the original under- ground installation of the first outlet in a home, place of business or other premises of a new subscriber, and Ten Dollars ($10.00) for the original underground installation of each addi- tional outlet in a home, place of business or other premises. In the case of a multi -unit development under common ownership (apartments, office buildings, etc.), the Company may, as a ordinance No. 1176, Page 2. condition to providing regular subscriber service, or additional services to such units, charge an additional installation charge equal to its actual cost of installing an Internal Distribution System (being the system which carries regular subscriber service or additional services from the CATV distribution cable adjacent to the development to the individual units within the development). For the purposes of this subsection, the term "actual cost" shall Cmean: (1) when the Company itself installs the Internal Distri- bution System, the cost to the Company of materials and labor for such installation or (2) when the Company subcontracts the installation of the Internal Distribution System, the amount the Company pays to the subcontractor for such installation. 2. Relocation Charges. Ten Dollars ($10.00) for the relocation of the first outlet within the confines of the sub- scriber's home, place of business or other premises and Seven Dollars and Fifty Cents ($7.50) for the relocation of any addi- tional outlet within the confines of the subscriber's home, place of business or other premises. C3. Transfer of Service. Ten Dollars ($10.00) for the transfer of the first outlet and Seven Dollars and Fifty Cents ($7.50) for the transfer of each additional outlet of a subscriber from one cabled home, place of business or other premises to a different cabled home, place of business or other premises. Fifteen Dollars ($15.00) for the transfer of the first outlet and Seven Dollars and Fifty Cents ($7.50) for the transfer of each additional outlet of a subscriber from a cabled home, place of business or other premises to a non -cabled home, place of business or other premises. Ordinance No. 1176, Page 3. 4. Reconnection Charge. Twenty-five Dollars ($25.00) for the reconnection of all service previously maintained by a subscriber at the same address. 5. Basic Converter Rental and Deposit. A deposit of Twenty-five Dollars ($25.00) for each basic converter installed and a Two Dollar ($2.00) per month rental charge for each such converter. If the converter is returned to the Company in good working order upon termination of service, said deposit shall be Creturned to the subscriber within a reasonable time after termi- nation of service. If, however, a subscriber fails to return a converter at the time of termination of service or if a con- verter is not returned in good working order, the deposit may be retained by the Company as partial compensation for the loss it has thus sustained. The Company may require the making of such converter deposit and the payment of such converter rental charge before making the installation or performing the other work involved. 6. Converter Purchase. Should a subscriber choose to purchase from the Company a converter, the Company may charge Cfor such converter its invoice cost plus twenty per cent (200). For each service call for service to such purchased converter, the Company may charge Seven Dollars and Fifty Cents ($7.50). For any parts supplied by the Company in servicing such purchased converter, the Company may charge its invoice cost of such parts plus twenty per cent (200). 7. Purchased Converter Buy -Back. The Company shall be obligated to repurchase from any subscriber any converter pur- chased by the subscriber from the Company for fifty per cent (50%) of its original cost to such subscriber, provided such con- i verter is in satisfactory working condition. Ordinance No. 1176, Page 4. 8. Service Calls. There shall be no charge by the Company for a cable related service call. For a non -cable related service call, the Company may charge Seven Dollars and Fifty Cents ($7.50). Section 2. Lower Rates. The Company may establish lower special contract rates and charges for large volume commercial or industrial subscribers. In addition, the Company may waive all or a portion of the installation charges to new subscribers during any promotional period established by the Company. \ Section 3. Discontinuance of Service. The Company may dis- continue service to a subscriber upon such subscriber's failure to pay a monthly service charge within thirty (30) days after it is due and payable; provided, however, the Company shall give five (5) days' written notice to the subscriber, delivered either by mail or in person, that service will be discontinued unless arrearages are paid before the expiration of such five (5) day period. Section 4. Change of Rates. The rates or charges pre- scribed herein shall remain in full force and effect until changed pursuant to Section 24 of the City of La Porte C_ATV Franchise Ordinance, Ordinance No. 1175. Section 5. The City Commission officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, Ordinance No. 1176, Page 5. considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 28th day of November, 1979. CITY OF LA PORTE By J. J. Meza, Mayor ATTEST: Zl - , `- City Clerk APPROVED: City Attorney KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 GAIL J. HAMILTON, J. D. LA PORTE, TEXAS 77571 TELEPHONE ASSOCIATE 713 471-1886 November 15, 1979 Mrs. Margie Goyen, City Clerk CITY OF LA PORTE P. O. Box 1115 LaPorte, Texas 77571 Re: Cable Television Franchise and Rate Ordinances Dear Mrs. Goyen: I enclose herewith draft of Ordinance No. 1175, the Cable Television Franchise Ordinance, which should be placed on the agenda for first reading on November 28, 1979, and for final reading at the regular meeting of January 2, 1980. I enclose a schedule for publications, acceptances, and effective date. I enclose herewith, also, proposed Ordinance No. 1176, which is the Cable Television Rate Ordinance, which should be passed at the meet- ing of November 28, 1979. Please furnish copies of the Ordinances at this time to members of the City Commission for their final review, and, to Mr. Lester Kamin at the address shown below, for final review by him and his attorneys. Yours very truly, , Knox W. Askinsr ` KWA:jm Enclosures cc: Hon. Mayor and City Commissioners Mr. James R. Hudgens, City Administrator Mr. Lester Kamin LESTER KAMIN CO. 1702 Strawberry, Suite 300 Pasadena, Texas 77502