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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. r a 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 r 0 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