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HomeMy WebLinkAbout~Master - Relating to Cable TV Rate Structure, Deferral of Service to Certain Areas ORDINANCE NO. 2824 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING SUB- SECTIONS 25.4(6) and 25.22(3) THEREOF AND ENACTING NEW SUBSECTIONS 25.4(6) and 25.22(3) FOR THE PURPOSE OF ADOPTING CHANGES TO THE CABLE TELEVISION RATE STRUCTURE AND A PROCESS TO AUTHORIZE DEFERRAL OF SERVICE TO CERTAIN AREAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT, IF ANY; AND ESTABLISHING AN EFFECTIVE DATE BE IT ENACTED by the City Council the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa, shall be and is hereby amended by repealing subsection 25.4(6) thereof and enacting a new subsection 25.4(6) as follows: "(6) The following rates and charges are 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: (i) 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 materials plus 10 0 d. Disconnecting service--no charge e. Each repositioning at same location ('relocation'): direct cost of necessary labor and materials plus 10 0 (ii) Monthly rates: a. First TV and RV and radio outlet, residential or commercial --$8.95 unless convertor pur- chased by subscribed, then $7.45 b. Additional TV and TV radio outlets, each $2.75, unless convertor purchased by sub- scriber, then $1.25 C. Additional radio outlets, each $1.10 (b) Hotels, motels, rest homes and hospitals containing not less than ten (10) rental units to which service is pro- vided: (i) Direct cost of labor and material necessary for installation plust 10 0. No charge for disconnecting service (h) Monthly rates not to exceed: $2.75 per TV and TV and radio outlet plus 50 0 of any future single user rate increase under (ii) a. above. (c) Multiple dwelling units billed to one customer: (i) Direct cost of labor and materials necessary for installation plus 10 0 (ii) Monthly rates: Number of Dwelling Monthly Charge per Units Served TV and TV and radio Outlet Up to 5 Each dwelling unit shall have same monthly rates as provided in Section 25.4(6)(a) 6 through 49 To be negotiated up to 65 0 of the single user rate 50 and over To be negotiated up to 50 0 of the single user rate" Section Two. The Municipal Code shall be and the same is hereby amended by repealing Subsection 25.22(3) thereof and enacting a new subsection 25.22(3) as follows: 11(3) A grantee shall extend its cable television system and service to all areas of the City within eighteen (18) months after receiving permission from the Federal Communications 2 Commission and to newly annexed areas as rapidly as possible. However, under procedures hereafter established the grantee may defer service when service would otherwise be required hereunder for those places, addresses, sites or locales of the city where due to sparce population or unusually difficult construction conditions, service would be economically non- compensatory to the grantee. The procedure for obtaining the right to so defer service shall be as follows: (a) File with the Ames Cable Television commission and publish once each week for two weeks in a newspaper of general circulation in the City a map of the City of Ames on which there shall be clearly and precisely shown those places, addresses , sites or locales of the city to which the grantee intends to defer service as aforesaid and further stating: (i) That the costs and computations showing that service to the subject areas will be noncompensatory to the grantee is on file at the Ames Public Library and there available for study and copying by any person on request. (ii) That any person opposed to all or any part of or place of such proposed deferral may file a written protest in the office of the City Clerk for the City of Ames. (b) For those places, addresses, sites or locales for which no written objection is filed by 5:00 p.m. on the tenth business day following the last date of publication, the deferral shall be final and in effect, unless or until protested and denied by the Cable Television Commission as hereafter provided. (c) For those places, addresses, sites or locales for which a protestor can provide written, documented evidence showing that the grantees projected costs of service are unreasonably high or that projected revenues are un- reasonably low, the cable commission shall, after notice and an opportunity for public hearing, approve or deny the deferral of service. (d) The standard for determining if service to the place or locale proposed for deferment would be non-compensatory shall be whether the grantee will realize a rate of return of not less than 12 o after taxes as determined by divid- ing projected gross receipts from customer services in the locale or place, less expenses, by the cost of con- struction to the place or in the locale for which service is to be deferred." 3 Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. ADOPTED THIS 25th day of Ma Gina Bicknese, City Clerk F. Paul Goodland, Mayor 4