TC Ord. No. 1985-14r r
ORDINANCE NO. 85-14
AN ORDINANCE RESTATING SECTION 13 REGULATING CHANGE OF CABLE
SERVICE SUBSCRIBER RATES AND CHARGES SET FORTH IN ORDINANCE
NO. 83-33, SERIES OF 1983, OF THE TOWN OF AVON, COLORADO,
ADOPTED ON AUGUST 23, 1983.
WHEREAS, on August 23, 1983, the Town Council of the
Town of Avon, Colorado (the "Town"), adopted Ordinance No.
83-33, Series of 1983, granting to Heritage Cablevision,
Inc., an Iowa corporation, the non-exclusive right,
privilege and authority to construct, operate, maintain,
repair, replace, renew, reconstruct and remove a cable
television system within the corporate limits of the Town
for a term expiring on December 31, 1994; and
WHEREAS, Section 13 of Ordinance No. 83-33 (the
"Ordinance") regulates the change of cable television
service subscriber rates and charges; and
WHEREAS, effective December 29, 1984, the Cable
Communications Policy Act of 1984 (the "Act"), adopted by
the 98th Congress of the United States of America, estab-
lishes provisions for the change of cable television
services subscriber rates and charges; and
WHEREAS, the Town Council desires to restate Section 13
of the Ordinance to be consistent with the provisions of the
Act.
BE IT ORDAINED by the Town Council of the Town of Avon,
Colorado, as follows:
1.) The provisions of Section 33 of the Ordinance are
hereby restated to provide as follows:
Section 33. Change of Subscriber Rates and
Charges. For the two-year period beginning December 29,
1984, the Grantee shall not raise the subscriber rates
and charges for basic cable service, initial installa-
tion or the rental of one set of the minimum equipment
which is necessary for the subscriber's receipt of basic
cable service in excess of five percent (5%) per year,
except in the manner provided in this section.
Effective December 29, 1986, the Grantee's rates shall
be deregulated in accordance with the provisions of the
Cable Communications Policy Act of 1984 and regulations
of the Federal Communications Commission. For purposes
of this section, "basic cable service" is defined as any
service tier which includes the retransmission of local
television broadcast signals.
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In the event that the Grantee desires to raise the
subscriber rates and charges during the period prior to
"-Deember 29, 1986, for the initial outlet of basic cable
service or initial installation of basic cable service
in excess of five percent (5%) per year the following
procedures shall apply:
a. The Grantee shall file with the Town a written
verified application for a change of subscriber rates
and charges which application shall state the changes
which the Grantee proposes to make in its subscriber
rates and charges, the reasons therefor and the
proposed effective date thereof.
b. Upon the filing of said application, the Town
shall fix a date, time and place for hearing thereon
and prescribe the notice to be given thereof.
C. Thereafter, the Grantee shall cause notice of
said hearing to be given in the manner directed by the
Town.
d. At said hearing, the burden shall be upon the
Grantee to establish, by a preponderance of the
evidence, that the proposed increase in subscriber
rates and charges is in the public interest in order to
allow the Grantee a fair rate of return on its invest-
ments.
e. At said hearing the Town may receive and hear
such evidence for and against said application as it
deems necessary and proper.
f. After said hearing, the Town shall review the
evidence presented at the hearing and based thereon, it
may grant, deny or grant in part and deny in part, the
proposed increase in subscriber rates and said hearing.
g. The Grantee shall pay all costs and expenses
incurred by the City in connection with said applica-
tion and said hearing.
Any action by the FCC or any other federal govern-
ment agency or statute which is also imposed on other
similar cable television systems, such as an increase
in the copyright fee, which results in a direct per
subscriber expense to Grantee, shall be passed on to
all subscribers directly at the time that such addi-
tional expense is incurred by Grantee without further
approval or authorization by the Town Council. If such
an event occurs, Grantee hereby agrees to notify all
subscrtibers of the increase within thirty days of the
additional fee being assessed and such notice shall
state the reason for the increase and a statement that
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such rate increase has been automatically assessed
under the provisions of the Franchise Agreement.
2.) All other terms and provisions of the Ordinance
not restated herein shall remain in full force and effect.
3.) The City Clerk is hereby authorized and directed
to cause publication of this Ordinance to be made as
provided by law.
INTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AND ORDERED
POSTED ONCE IN FULL, this 11th day of June , 1985, and a public
hearing on this ordinance shall be held at the regular meeting of the
Town Council of the Town of Avon, Colorado, on the 25th day of June,
1985 at 7:30 p.m. in the Municipal Offices of the Town.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Allan R. Nottingham yor
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 25th day of jun , 1985.
Allan R. N tingham, or
0
STATE OF COLORADO )
EAGLE COUNTY ) SS
TOWN OF AVON )
0
NOTICE IS HEREBY-GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OY THE TOWN OF AVON, COLORADO,,AT 7:30 P.M. ON THE
25TH DAY OF JUNE, 1985 AT THE MUNICIPAL BUILDING, 400 BENCHMARK
ROAD, AVON, COLORADO FOR THE PURPOSE"OF CONSIDERING THE ADOPTION
OR ORDINANCE NO. 85-14, SERIES OF 1985:
AN ORDINANCE RESTATING SECTION13.-REGULATING CHANGE OF CABLE_
SERVICE SUBSCRIBER RATES AND CHARGES-SET FORTH IN ORDINANCE
NO. 83-33, SERIES OF 1983, OF THE TOWN OF'AVON,.COLORADO,
ADOPTED ON AUGUST 23, 1983.
A copy of said ordinance is attached-hereto and is also on file
at the office of the Town Clerk and may-be inspected during
regular business hours.
Following this hearing, the Council may consider final passage
of this ordinance.
This notice given and passed by order of the Town Council of-the
Town of Avon, Colorado.
Dated this 11th day of June, 1985.
AVON, COLO
BY
Patricia J
Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TO1117N OF AVON
ON JUNE 14, 1985:
THE MAIN ENTRANCE OF-THE POST OFFICE
THE MAIN ENTRANCE TO CITY MARKET
THE-PESTER GAS STATION; AND
THE MUNICIPAL BUILDING IN THEMAIN LOBBY