HomeMy WebLinkAbout~Master - Increasing Allowable Monthly Rate for Primary TV or Radio Service ORDINANCE NO. 2463
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,
IOWA, BY REPEALING SECTION 36-11004 AND SECTION 36-11024 THEREOF ;
ADOPTING NEW SECTIONS 36-11004 AND 36-11024 FOR THE PURPOSE OF
INCREASING THE MAXIMUM ALLOWABLE MONTHLY RATE FOR PRIMARY T.V.
OR RADIO SERVICE TO PROVIDE A MORE PRECISE DEFINITION FOR COST
OF INSTALLATION AND TO EXTEND THE PERMITTED TIME FOR COMPLETION
OF THE ENTIRE SYSTEM FROM ONE YEAR TO EIGHTEEN MONTHS.
BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
AMES, IOWA, THE MUNICIPAL CODE OF THE CITY OF AMES BE AND THE
SAME IS HEREBY AMENDED AS FOLLOWS :
Section 1. Sec. 36-11004 of the Municipal Code as
heretofore existing is hereby repealed and a new Section 36-11004
is enacted as follows:
Sec. 36-11004 . Rates and charges.
(1) The rates and charges for television and
radio signals distributed hereunder shall be fair
and reasonable and no higher than necessary to
meet all costs of service (assuming efficient and
economical management) , including a fair return
on the original cost, less depreciation, of the
properties devoted to such service (without
regard to any subsequent sale or transfer price
or cost of such properties) .
(2) The city council shall have the power,
authority and right to cause the grantee' s
rates and charges to conform to the provisions
of subsection 36-11004 (3) and (6) hereof, and
for this purpose it may deny increases or order
reductions in such rates and charges when it
determines that in the absence of such action
on its part, the grantee' s rates and charges
or proposed increased rates and charges will
not conform to the said subsection 36-11004 (3)
and (6) .
(3) A grantee' s rates and charges to its
subscribers for television and radio signals
shall be fair and reasonable and no higher than
necessary to meet all its necessary costs of
service (assuming efficient and economical
management) , including a fair return on the
original cost, less depreciation, of its pro-
perties devoted to such service (without regard
to any subsequent sale or transfer price or
cost of such properties) .
(4) The city council shall cause the grantee' s
rates and charges to conform to the provisions
of subsection (3) hereof, and for this purpose
the council shall deny increases or order
reductions in-such rates and charges when it
determines that in the absence of such action
on its part, the grantee ' s rates and charges
or proposed increased rates and charges will
not conform to the said subsection (3) .
(5) However, no action shall be taken by the
city council with respect to the grantee' s
rates under this section until the grantee has
been given reasonable notice thereof and an
opportunity to be heard by the council with
regard thereto.
(6) . The following maximum rates and charges
and hereby authorized for service under a
franchise and shall not be increased by a
grantee without prior approval by the city council :
(A) Standard rates and charges :
(1) Installation charges :
(a) Initial tap-in and connection
charges (TV and/or radio,
residential or commercial)
$20 . 00 .
(b) Additional installation up to
a total of four at same location,
each $5. 00
(c) Additional installation, five
or more at same location:
direct cost of necessary labor
and material plus 10%
(d) Disconnecting service--No charge
(e) Each repositioning at same
location ("relocation" ) :
direct cost of necessary labor
and materials plus 10%
(2) Monthly rates :
(a) First TV and TV and radio outlet,
residential or commercial -
$6 . 50 unless convertor purchased
by subscriber, then $5. 50 .
(b) Additional TV and TV and radio
outlets , each $2_ 50 , unless
convertor purchased by subscriber,
then $1.50
(c) Additional radio outlets , each
$1. 00
(B) Hotels , motels , rest homes and hospitals
containing not less than ten (10) rental
units to which service is provided:
(1) Direct cost of labor and material
necessary for installation plus 10% .
no charge for disconnecting service.
(2) Monthly rates : $2. 50 per TV and TV
and radio outlet unless convertor
purchased by subscriber, then $1. 50
(C) Multiple dwelling units (contained within
one structure or a group of structures
located in one complex where all service
billed to one customer :
(1) Direct cost of labor and materials
necessary for installation plus 10%
(2) Monthly rates :
Number of Dwelling Monthly Charge per TV and
Units Served TV and Radio Outlet
Up to 5 Each dwelling unit shall have same
monthly rates as provided in Sec.
36-11004 (6) (A)
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!i f
II ,
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. 6 through 49 $4 . 50, unless convertor purchased
! by subscriber, then $3. 50
50 through 99 $3 . 00
100 and over $2. 50
(7) A grantee shall be permitted to require
advance payment for installation fees and for one i
i (1) month' s advance service fee. The grantee
shall require no other deposit, advance payment,
or penalty from any subscriber or potential subscriber
without approval of the council .
�! ( 8) A grantee shall receive no consideration
{ whatsoever from its subscribers for or in connection
with its service to its subscribers other than in
accordance with this section, without approval
of the council. 1
�l (9) If, in the future, the State of Iowa or the
i� United States Government or any regulatory agency
�E thereof regulates the rates of a grantee for the I
service regulated by this article, this section
! shall be of no effect during such regulations to
the extent of any conflict therewith.
(10) A grantee shall install and maintain, an
adequate switching device to allow the subscriber
!j to choose between cable and non-cable reception.
(11) A grantee shall not, as to rates, charges ,
fservices facilities , rules, regulations or in
any other respect, make or grant any improper
I� preference or advantage to any person nor subject I any person to any improper prejudice or disadvantage ;
jj provided, however, this shall not be deemed to '
I prohibit the establishment of a graduated scale
of charges and classified rate schedules to which
any customer coming within such classification
II shall be entitled.
Section 2 . Sec. 36-11024 as heretofore existing is 1
11hereby repealed and a new Section 36-11024 is adopted as follows : {
!i
Sec. 36-11024 . Service.
(1) A grantee shall diligently apply for all j
necessary permits and authorizations required in
the conduct of its business , and shall diligently
! pursue the acquisition thereof, including pole
attachment contracts from. Northwestern Bell
Telephone Company and Ames Municipal Electric
iI Utility, any necessary authorizations from the
�! Federal Aviation Administration to construct
such receiving antenna towers as may be required,
and any necessary authorizations from the I
Federal Aviation Administration to construct
such receiving antenna towers as may be required,
{ and any necessary authorizations or waivers from
the Federal Communications Commission, and grantee I
�f shall notify the Ames City Council in writing
j! immediately when such permit, authorization,
contract and waiver are obtained.
(2) A grantee shall commence construction of
i its CATV system within two (2) months of receiving I
permission from the Federal Communications Commission
to bring into the city on its CATV system two (2) '
or raore distant television signals which are
dissemAated to the general public without charge by
broadcasting stations licensed by the Federal
��} Communications Commission, which signals could not
f ordinarily be received within the city by normal
is antenna. Grantee shall commence providing service
to subscribers no later than six (6) months after {
commencement of construction.
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(3) . A grantee shall extend its CATV system and
service to all areas of the city within eighteen
(18) months after receiving permission from the
Federal Communications Commission and to newly
annexed areas as rapidly as possible.
(4) Maps , plats , and reports . A grantee shall
file with the city engineer true and accurate
maps or plats of all existing and proposed in-
stallations .
(5) A grantee shall file annually with the
city clerk not later than sixty (60) days after
the end of the grantee' s fiscal year, a copy of
its report to its stockholders (if it prepares
such a report) , an income statement applicable to
it operations during the preceding twelve (12)
months period, a balance sheet, and a statement
of its properties devoted to CATV operations , by
categories , giving its investment in such
properties on the basis of original cost, less
applicable depreciation. The reports shall be
prepared or approved by a certified public
accountant and there shall be submitted along
with them such other reasonable information as
the city council shall request with respect to a
grantee 's properties and expenses related to its
CATV operations within the city.
(6) A grantee shall keep on file with the city
clerk a current list of its shareholders and
bondholders .
Section 3. All ordinances or parts of ordinances in
conflict herewith are repealed.
Section 4. This ordinance shall be in effect from and
after its publication as required by law.
Passed this 8th day of January 1974.
Mary LIF. Paul , City Clerk William_ F. Pelz, Mayor
lst reading - 12-11-73 - Nelson-Maxwell
Ayes : Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
Nays : None .
2nd reading - 12-18-73 - Koerber-Calhoun
Ayes : Calhoun, Koerber, Maxwell, Pounds . Absent : Huston, Nelson
3rd reading - 1-8-74 - Koerber-Huston
Ayes : Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
Nays : None .
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