HomeMy WebLinkAboutOrd 1555 - utilities
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Ordinance No. 1.555
AN ORDINANCE RELATING TO UTILITIES; AMENDING THE CODE
OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONSRELA TING
TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 23 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended to read in its entirety as set out in
Exhibit A, which is attached and made a part of this ordinance. The following
transitional provisions shaH apply, notwithstanding any other provisions of the
amended Chapter:
(1) The Finance Director shall make reasonable efforts to return each
existing customer deposit within the next 12 months, in an orderly
fashion, if the recipient does not owe money to the City.
(2) However, anY existing deposits on previously delinquent accounts will
be held in accordance with the new poljcy.
. (3) The FjnanceDirector shaH take necessary steps to implement the new
Chapter, including promulgation of new policies.
Section 2. This ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. An ordinances and parts of ordinances in conflict herewIth are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shan
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
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which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confirms such notices and the contents and posting thereof
Section 6. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this ~f'-1ay of ~
, 191'Z .
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
u/pI r
PASSED AND APPROVED ON SECOND READING, this k day of ~
, 19..1..1 -
Councilmembers Voting Aye:
COlUlcilmembers Voting No:
Councilmembers Absent:
Signed: ~ ~
Mayor
Attest:
(Seal)
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.ityecretary
Re~e~:~.I.~
"J'WJ L r
City Attorney
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Chapter 23
UTILITIES
Subchapter A. In GeneraL
Sec. 23.001. Definitions.
Sec. 23.002. Non-City utilities; rates and
charges.
Sec. 23.003. [Reserved.]
Subchapter B. City Water & Sewer Systems,
Generally.
Sec. 23.004. Supervision, enforcement
Sec. 23.005. Connections; application, fees
required.
Sec.23.006. [Reserved.]
Sec. 23.007. Use of service; re-saIe.
Sec. 23.008. Quantity, pressure. etc.
Sec. 23.009. Water and sewer rates; other
charges.
Sec. 23.010. Liability for payment
Sec. 23.0 U~ Appointment of agents for
collection.
Sec. 23.012. Utility easements.
Sec. 23.014. Billing. payment, nonpayment
Sec. 23.015. Resumption of service.
Sec. 23.016. [Reserved.]
Sec. 23.017. Testing meters; adjustments to
bills.
Sec. 23.018. Adjustmentfor defect in user's
system or unusually large bills.
Sec. 23.019. [Reserved.]
Subchapter C. City Water System.
Sec. 23.031.Responsibilityfor meters and
facilities.
Sec. 23.033. Use of tire hydrants restricted.
Sec. 23.034. Obs1ructing access to hydrants
prohibited.
Sec. 23.035. Pumps. boilers not to be
connected.
Subchapter C. City Sanitary and Stonn Sewers.
Sec. 23.051.Responsibilityfortaps and
facilities.
Sec. 23.052. Surface privies.
Sec. 23.053. Discharges and deposits.
Sec. 23.055. Duty to connect.
Sec. 23.056. Downspouts. etc., connecting to
sewer
Subchapter D. Cable TelevisiolL
Sec. 23.131. Definitions; General Provisions.
Sec. 23.132. Initial Review of Basic Cable
Rates.
Sec. 23.133. Rate Increase Reviews.
Sec. 23.134. Cable Operator Information.
Sec. 23.135. Automatic Rate Adjustments.
Sec. 23.136. Enforcement
Subchapter A. In General
Sec. 23.001. Definitions.
Unless the context requires a different meaning, the following terms, when used in this
chapter, have the meanings indicated below:
(1) "Director" shall mean the City Public Works Director or the Director's
designee.
(2) "User" shall mean a person who seeks or receives City water, sewer or
other service.
Sec. 23.002. Non-City utilities; rates and charges.
Every non-City utility operating inthe City shall file with the City Secretary schedules
showing the rates or compensation it charges in the City. The schedules shall include any
additional data the City Council may prescribe. The utility shall also keep copies of such
schedules open for public inspection under such rules and regulations as the City Council may
prescribe.
Sec. 23.003. [Reserved.]
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Subchapter B. City Water & Sewer Systems, Generally
Sec. 23.004. Supervision, enforcement.
The Director shall have direct supervision over the City water and sanitary sewer systems.
The Director shall also be charged with the enforcement of all laws, ordinances, rules and
regulations pertaining to the same, subject to the direction ofthe City Manager.
Sec. 23.005. Connections; application, fees required.
(a) Relationship to plumbing work. All persons are required to apply for, and pay any
applicable fees for, each new or re-used water meter and sewer tap no later than the time that a
plumbing permit for related facilities is secured. The City may require that the applicant provide
all or part of the work necessary for the connection, subject to'regulation and inspection by the
City. .
(b) Application contents. City utility service may not be provided to any user, or re-
established for any user after it is discontinued, until the user has applied for service
(c) Co-Applicants. When more than one party co-applies for, and are granted, utility
service, all parties will be jointly and severally liable for payments, proper use of the service and
compliance with the applicable ordinances, rules and regulations. Once service is granted, no co-
applicant may limit this liability.
(d) Temporary service applications. An applicant for temporary water service must pay,
in addition to all other charges and deposits, all applicable temporary connection fees.
(e) Liability for delinquent amounts. The applicant may be required to pay any delinquent
amounts for service previously rendered at the same address and post a deposit as required under
Section 20.015, if:
(1) The person owing thedelinquentamou,nt will receive the benefit of the
service applied for.
(2) The applicant and the person owing th~ delinquent amounts are the same
person or are acting in concert.
(3) The applicant is otherwise not a bona fide new applicant, not separate from
the person owing the delinquency.
Sec. 23.007. Use of service; re-sale.
No person shall apply water or sewer service to any use different from that named in the
application, nor shall any person re-sell or supply any such service to others, or allow them to use
it, except on a user's premises for the purposes specified in the application.
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Sec. 23.008. Quantity, pressure, etc.
Water users are not guaranteed a specific quantity or pressure of water for any purpose
whatever. No officer, agent or employee of the City shall have authority at any time to connect or
agree , for or on behalf of the City to furnish or guarantee any specific quantity or particular
pressure of water. It shall be understood in every case that every person making connection with
the water system does so with the understanding that the City is simply to furnish a connection
with its water system, and is in'no case to be held to any liability for failure, or refusal to furnish
water. or any particular amount or pressure of water.
Sec. 23.009. Water and sewer rates; other charges.
The charges for water and sewer use supplied by the City shall be as established from time
to time by the City Council. "Minimum, residential and commercial rates, shall be computed
separately. All of the other fees and charges mentioned in this chapter, or in the discharge
ordinances adopted by this chapter, represent additional charges for utility service. The following
definitions apply:
(1) "Minimum charge" shall mean the minimum charge applicable even ifthere
is no consumption.
(2) "Residential rate" shall mean the charge for serving premises used as a
dwelling place only.
(3) "Commercial rate" shall mean the charge for serving any other premises.
Sec. 23.010. Liability for payment.
Ifthere is no apparent user of utility service for any particular property, the owner and any
other person in control of the property are jointly and severally liable for utility charges furnished
to the property, regardless of whether the property is occupied.
Sec. 23.011. Appointment of agents for collection.
The City Manager and the Finance Director may jointly appoint agents for collection of
City utility bills by entering into contracts for that purpose. Such contracts shall contain terms
prescribed by the City Manager and the Finance Director, and they must be approved as to form
by the City Attorney.
Sec. 23.012. Utility easements.
It is a condition of receiving utility service from the City that each user take reasonable
and necessary steps to assist the City in obtaining normal easements for City utility facilities.
including water meters. to serve the user and others nearby, upon request from the Director. All
utility easements granted to the City shall be of such a width as to permit ready access by the City.
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Sec. 23.013. Utility relocation projects.
(a) Relocated lines. As used in this section, IIrelocated linell means a water line or sewer
line installed as a replacement for a previously-existing City lille, thereby requiring disconnection
and re-connection'ofthe house line of an existing user.
(b) Notice. The Director shall detennine which properties are to be served by a relocated
line and notifY the owners of those properties. Each notice shall advise the owner that the owner
must disconnect from the old line and make a new connection to the relocated facility. The notice
shall designate the point of connection and the time during which the new connection must be
made. The Director shall allow at least 90 days for the necessary work, and the time may be
extended by the City Council.
(c) Duty to reconnect. Each property owner notified as provided in this section must
disconnect from the old line and make a new connection to the relocated facility, or cause it to be
done, within the time prescribed. Making the new connection is a condition of receiving
continued utility service from the City.
(d) Discontinuation of service. Prior to discontinuing'service from any old line replaced
by a relocated line, the City shall notifY any user then served by the old line. The notice shall state
the proposal to discontinue service and provide to such user the opportunity to appear before the
City Council and offer evidence as to why the service should not be discontinued. At any such
hearing, the following issues shall be addressed.
(1) Whether the relocated line can provide substitute service to such user.
(2) Whether the user has been allowed a reasonable time to make a connection
to the relocated line or to make arrangements for the same to be done.
(3) Whether the public convenience and necessity require the discontinuation
of service from the old line.
(4) Whether the costs of maintaining the old line are reasonable.
(5) Whether there are risks or hazards associated with keeping the old line in
servIce.
(e) Order of discontinuation. After the hearing prescribed above, the City Council shall
enter an order with respect to the proposal to discontinue service from the old line. The City
Council may affirm, reverse or modifY the proposal. The Council may extend the time during
which the work of reconnecting to the relocated line may be done.
(t) Manner of giving notices. Notices under this section may be given by mail, by hand
delivery or by any other means reasonably calculated to give notice to the addressee of the notice.
Notices are effective upon receipt, although it shall be a rebuttable presumption that a notice
deposited in a U.S. Postal Service mail receptacle, properly addressed with postage prepaid, is
received on or before the fifth day following such deposit.
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Sec. 23.014. Billing, payment, nonpayment.
(a) Frequency; when delinquent. All users of utilities. solid waste collection, street
lighting and other services furnished by the City will be billed monthly for services rendered. All
bills will be due and payable on presentation and will become delinquent on the 21st day following
the date mailed.
(b) Late charge. If a bill becomes delinquent. there is a one-time additional charge of 10%
of the lesser of the amount due or the amount last billed.
( c) Returned checks. If a check or other instrument is returned. an additional charge may
be assessed. The amount of this charge will be detennined bY'the City Council. A returned
check or other instrument will be treated as if there had been no payment received and retroactive
late charges may be assessed.
(d) Partial Payment. If a partial payment is made. the amount will be allocated to
amounts due the City in the following order:
(1) First. to any additional fees and charges. such as late charges and returned check
charges. then due.
(2) Then to the oldest regular charges, applied in this order:
(i) current solid waste charges
(ii) current street lighting fees
(iii) any other charges
(iv) current sewer charges
(v) Current water charges
( e) Payment agreements. The Finance Director may agree to allow a delinquent account
to be paid over a period of time. The user must agree in writing to a payment schedule. The
agreement will not prevent discontinuation of service if the u~er fails to. timely pay both the
amount due under the terms of the agreement and current charges during the term of the
agreement.
(f) Discontinuation o/service. If a bill becomes delinquent. the City may give notice that
water and sewer services are proposed to be discontinued. The notice will give an opportunity
for a hearing with the City Manager (or the City Manager' s designee) before discontinuation. If
the. delinquency is not resolved after the opportunity for a hearing. the City may discontinue water
and sewer services without further notice.
(g) Write off of Bad Debts. If, after all collection efforts have been exhausted. the Finance
Director believes that it is unlikely that the City will be able to collect a delinquent account, the
account's status may be changed from active to inactive. With the City Manager's approval, the
Finance Director may suspend active collection efforts for an account balance that has been
inactive for at least two years.
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Sec. 23.015. Resumption of service.
Utility service will not be restored to a user whose service has been discontinued because
of delinquency until the following conditions are met:
(1) All delinquent amounts are paid
(2) Any service charges established by the City Council are paid
(3) A deposit in the amount established by the City Council is paid. The Finance
Director, with the approval of the City Manager may waive this requirement.
Deposits will be returned, or credited to the account of the user, after the account
has not been delinquent for twelve complete months from the day the deposit is
made.
Sec. 23.017. Testing meters; adjustments to bills.
(a) Testing. A user may request a test of the water m~ter used in determining their charges
for service. The user may request to be present either in person or by agent when the meter is
removed and tested. If so, the user must specifY in writing to the Director that they wish to be
present when the _ meter is removed and tested. The City will schedule the test no later than thirty
days after receiving the request and, if the user has requested to be present, give reasonable notice
of when the testis to be conducted.
(b) Adjustments. If a meter test shows that the meter is incorrectly registering the water
delivered, the utility bill of the user whose meter is incorrectly registering will be corrected
according to the results of the test back to the time the inaccuracy began (not to exceed three
months back).
( c) Errors and Omissions in meter reading. The Finance Director may adjust a user's bill
for any error or omission on the part of the City or its contractor(s) in reading a user's water
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Sec. 23.018. Adjustments for defect in user's system or unusually large bills.
(a) Defects in the user's water system. A user may request a correction ofa utility bill
because of a loss of water through a defect in the user's water system. The adjustment may be
made for a period not to exceed six consecutive monthly billing periods preceding the filing of a
written application on a form furnished by the City. No adjustment will be authorized until the
leak in the system is repaired. The adjustment will be calculated using average water usage plus
one half of the actual usage for the billing period(s) to be adjusted.
(b) Unusually large bill. A residential user may request an adjustment to a bill for water
and sewer services that is greater than 160% of average water usage. tThe reason for the
adjustment must not be a leak or new equipment or facilities that use water. If these conditions
are met, the user's water and sewer bill may be recalculated using 160% of average water usage.
(c) Average Water Usage. The City's Finance Department may determine the method of
calculating average water usage. These methods will be determined in advance and approved by
the City Council.
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(f) No double adjustments. Only one adjustment per account is allowed for any particular
twelve-month period of time. The adjustment may be either for a leak or for a large bill but not
for both.
Subchapter C. City Water System
Sec. 23.031.Responsibility for meters and facilities.
(a) City ownership, control and maintenance. Water meter facilities (including the meter
box, the meteritselfand facilities "upstream" of the output flange of the meter) are: (i) owned by
the City, (ii) under the supervision and control of the Director and (iii)eligible for City
maintenance. It shall be unlawful for any person to operate, remove or tamper with such facilities
unless authorized to do so by the Director.
(b) User's responsibility. All facilities "downstream" of the output flange of the meter,
including any connecting devices, shall be maintained in good condition by the user.
See. 23.032. Use of water restricted.
No person shall take water from any public or private hydrant, plug, street washer,
draw-cock, hose-pipe, fountain, cistern, street reservoir or fountain basin, which may have been
filled in whole or. in part from the City water system, except as authorized by the Director (or by
the Fire Chief for the use of the fire department); nor shall any person in any way use or take any
water for private use which is furnished by the City water system, unless such person shall first
pay for the same, and receive the usual permit so to do.
Sec. 23.033. Use of fire hydrants restricted.
Every hydrant placed by the water system for the purpose of extinguishing fires is hereby
declared to be a public hydrant; and no person other than me1Jlbers of the fire department in the
performance of their duties as such and those authorized by the DirectorshaU open said hydrants
and draw or attempt to draw water from the same, or.in any rnanner interfere with said hydrants.
Sec. 23.034. Obstructing access to hydrants prohibited.
No person shall in any manner obstruct the access to any hydrant connected with any
water pipe located in any street area, by means of any lumber, brick, building material or other
articles, or by any hindrance whatsoever. Access to any hydrant shall be obstructed within the
terms of this section if any such material, article or hindrance is placed within 25 feet of the same.
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See. 23.035. Pumps, boilers not to be connected.
In all cases where private pumps are installed f.or the purp.ose of increasing the velocity or
pressure .of the water service, .or where b.oilers are installed, they shall n.ot draw from any s.ource
pressurized by the City system, but instead must take water fr.om a private, isolated reserv.oir. All
such facilities shall have devices to prevent back fl.ows and cr.oss c.onnections.
Subchapter C. City Sanitary and Storm Sewers
See. 23.051.Responsibility for taps and facilities.
(a) Point of tapping, defined. The p.oint .of tapping is where a user's lateral service line
(s.ometimes referred't.o as a "h.ouse line") meets the City's' sewer main. Exception: if the City has
installed (.or inspected and accepted) a lateral stub with a usable clean...out (all within the public
easement .or right .0 way), the p.oint .of tapping is where the user's lateral service line meets the
bott.om .of the cleano-.out.
(b) City ownership. control and maintenance. The mains and related facilities
"d.ownstream" .of the p.oint .of tapping (and any cleano-out at the p.oint of tapping) are: (i) .owned by
the City, (ii) under the supervisi.on and c.ontr.ol .of the Direct.or, and (ill) eligible for City
maintenance. It shall be unlawful f.or any person to .operate, rem.ove .or tamper with such facilities
unless auth.orized t.o d.o so by the Direct.or.
(c) User's responsibility. All facilities "upstream" .of the p.oint .of tapping, including any
saddles and connecting devices at the point of tapping, shall be maintained by the user.
Sec. 23.052. Surface privies.
It shall be unlawful far any pers.on t.o c.onstruct .or maintain, within the City, any surface
privy .or water cl.oset .or any privy.or water cl.oset which is n.ot pr.operly c.onnected with the City
sewer system. This d.oes n.ot pr.ohibit the use .of temparary, self-cantained, partable privies.
Sec. 23.053. Discharges and deposits.
It shall be unlawful far any pers.on t.o: (i) discharge .or deposit any substance int.o the City's
sanitary sewer system, directly .or indirectly, .or elsewhere, if the discharge .or dep.osit d.oes n.ot
comply with regulati.ons stated in Ordinance N.o. 1200, adopted September 27, 1982, or (ii)
discharge .or dep.osit any substance .other than .ordinary d.omestic waste water int.o the City's
sanitary sewer system, directly .or indirectly, unless auth.orized t.o d.o s.o by a permit issued by the
Direct.or.
See. 23.054. Sewer obstructions; removal, recovery of cost.
!fany pers.on's discharge farms a depasit .obstructing a City sewer, .or if any pers.on chokes
.or .obstructs a City sewer, the Direct.or may rem.ove the .obstructi.on and certify an account .of the
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cost to the person causing it. If such person shall neglect or refuse to pay such sum so certified to
into the City treasury within five days after demand, he shall be guilty of a misdemeanor, and in
addition thereto, the City may recover the amount of cost thereof, including a reasonable amount
as attorney's fees, in any court having jurisdiction. Any such sum incurred by a user shall be an
additional charge for sewer service.
Sec. 23.055. Duty to connect.
It shall be the duty of each person owning or controlling property within the City which
generates sewage or wastewater to: (i) cause the property to be connected to the sanitary sewer
system of the City, (ii).make the normal arrangements for a sewer service account with the City,
and (iii) cause all such sewage and wastewater to be delivered. to the system in an approved,
sanitary manner. Exceptions: this section does not apply to sewage or wastewater lawfully
accepted and treated by another sanitary sewer system or which the Director has determined
cannot be received, or should not be received, by the City's system.
Sec. 23.056. Downspouts, etc., connecting to sewer.
No downspout, yard or street drain or street gutter will be permitted to connect with any
sanitary sewer.
SubchapterD. Cable Television
Sec. 23.131. Definitions; General Provisions.
(a) Certain terms. Unless the context requires a different meaning, the following terms,
when used in this subchapter, have th~ meanings indicated below:
(1) Basic cable rates means the monthly charges for a subscription to the basic
service tier and the associated equipment.
(2) Basic service tier means a separately available service tier to which
subscription is required for access to anY other tier of service, including as
a minimum, but not limited to, all musf-carry signals, all PEG channels, and
all domestic television signals other than superstations. The basic service
tier includes all signals and programming within the definition of "basic
service" in Part 76 or othetwiserequired or allowed to be provided in the
basic service tier by the Cable Act of 1992.
(3) Benchmark means a per channel rate of charge for cable service and
associated equipment which the FCC has determined is reasonable.
(4) Cable Act of 1992 means the Cable Television Consumer Protection and
Competition Act of 1992, Public Law 102-385 (1992), as amended from
time to time.
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(5) Channel means a unit of cable service identified and selected by a channel
number or similar designation.
(6) Cost of service showing means a filing in which the cable operator attempts
to show that the benchmark rate or the price cap is not sufficient to allow
the cable operator to fully recover the costs of providing the basic service
tier and to continue to attract capital, as contemplated by federal cable
regulations.
(7) FCC means the Federal Communications Commission.
(8) Federal cable regulations includes: (i) Part 76 (defined below), (ii) the
Cable Act of 1992 and other applicable federal statutes, as amended from
time to time, and (iii) all other federal decisions; laws, rules and regulations
applicable to cable operators or their rates, as adopted or amended from
time to time.
(9) Initial basic cable rates means the rates that the cable operator is charging
for the basic service tier, including charges for associated equipment, at the
time the. operator receives notice of the City's qualification and intent to
regulate basic cable rates, or, ifthere is no such notice, at such other time
that the City's rate regulation begins.:
(10) Must-carry signal means the signal of any local broadcast station (except
superstations) which is required to be carried on the basic service tier.
(11) Part 76 means 47 C.F.R. Part 76, as amended from time to time. Part 76
contains various sections of the Code QfFederal Regulations adopted by
the FCC regarding cable television.
(12) PEG channel means the channel capacity designated for public,
educational, or governmental use, and facilities and equipment for the use
of that channel capacity.
(13) Price cap means the ceiling set by the FCC on future increases in basic
cable rates regulated by the City, based .on a formula using the GNP fixed
weight price index, reflecting general increases in the cost of doing business
and changes in overall inflation, or other factors prescribed by the FCC.
(14) Reasonable rate standard means a per channel rate that is at, or below, the
benchmark or price cap level.
(15) Regulatory officer means the Finance pirector or such other person as the
City Manager may designate to perform the duties of the regulatory officer .
under this subchapter.
(16) Superstation means any non-local broadcast signal secondarily transmitted
by satellite.
(b) Words and phrases generally. All words and phrases defined or specially used in Part
76 (e.g., "cable operator") or in the Cable Act of 1992 (e.g, "cable programming service") shall be
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construed to have the same meanings in this subchapter whenever they are used in the same or a
similar context.
(c) Federal cable regulations. This subchapter is intended to comply with federal cable
regulations, and it shall be so construed and applied. To the extent of any conflict, inconsistency
or non-conformity between federal cable regulations and this subchapter, the federal cable
regulations shall control and govern.
Sec. 23.132. Initial Review of Basic Cable Rates.
(a) Notice. Upon the adoption of this subchapter and the certification of the City by the
FCC, the finance officer shall immediately notify all cable operators in the City, by certified mail,
return receipt requested, that the City intends to regulate subscriber rates charged for the basic
service tier and associated equipment as authorized by the Cable Act of 1992.
(b) Cable operator response. Within 30 days of receiVing notice from the City, each cable
operator shall file with the City its current rates for the basic service tier and associated equipment
and any supporting material concerning the reasonableness of its rates.
(c) Expedited determination and public hearing.
(1) If the City Council is able to expeditiously detennine that the cable
operator's rates for the basic service tier and associated equipment are
within the FCC's reasonable rate standard, as determined by the applicable
benchmark, the City Council shall:
(i) hold a public hearing at which interested persons may express their
views; and
(ii) act to approve the rates within 30 days from the date the cable
operator :filed its basic. cable rates with the City.
(2) If the City Council takes no action within 30 days from the date the cable
operator filed itsbasiccable-rates with the City, the proposed rates will
continue in effect.
(d) Extended review period
(1) If the City Council is unable to detenriipe whether the rates in issue are
within the FCC's reasonable rate standard based on the material before it,
or if the cable operator submits a cost-df-service showing, the City Council
shall, within 30 days from the date the cable operator filed its basic cable
rates with the City (by motion, resolution or ordinance) invoke the
following additional periods of time, as applicable, to make a final
determination:
(i) 90 days if the City Council needs more time to ensure that a rate is
within the FCC's reasonable rate standard; or
(ii) 150 days if the cable operator has submitted a cost-of-service
showing seeking to justify a rate above the applicable benchmark.
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(2) If the City Council has not made a decision within the 90 or 150 day
period, the City Council shall issue a brief written order at the end of the
period requesting the cable operator to keep accurate account of all
amounts received by reason of the proposed rate and on whose behalf the
amounts are paid.
( e) Public hearing. During the extended review period and before taking action on the
proposed rate, the City Council shall hold at least one public hearing at which interested persons
may express theirviews.and record objections.
(t) Objections. An interested person who wishes to make an objection to the proposed
initial basic rate may request the City Secretary to record the objection during the public hearing
or may submit the objection in writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must provide the City Secretary with
the objector's name and address.
(g) Benchmark analysis. If a cable operator submits its current basic cable rate schedule
as being in compliance with the FCC's reasonable rate standard, the City Council shall review the
rates using the benchmark analysis in accordance with the standard form authorized by the FCC.
Based on the City Council's findings, the initial basic cable rates shall be established in accordance
with federal cable regulations; see, e.g., ~76.922(b)(I)(ii) of Part 76.
(h) Cost-of-service showingS. If a cable operator doe~ not wish to reduce the rates to the
level established by the preceding subsection, the cable operator shall have the opportunity to
submit a cost-of-service showing in an attempt tojustify initiaI basic cable rates above the FCC's
reasonable rate standard. The City Council will review a cost..;of-service ,submission pursuant to
FCC standards for cost-of-service review. The City Council may:approve initial basic cable rates
above the benchmark if the cable operator makes the necessaty showing; however, a cost-of-
service determination resulting in rates below the benchmark or below the cable operator's
September 30, 1992 rates minus 10 percent (or below such other tate level as the FCC may set),
will prescribe the cable operator's new rates.
(i) Decision.
(1) After completion of its review of the cable operator's proposed rates, the
City Council shall adopt its decision by formal resolution. The decision
shall include one of the following:
(i) if the proposal is within the FCC's reasonable rate standard or is
justified by a cost-of-service analysis, the City Council shall
approve the initial basic cable tatesproposed by the cable operator;
or
(ii) if the proposal is not within the.FCC's reasonable rate standard and
the cost-of-service analysis, if any, does not justify the proposed
rates, the City Council shall establish initial basic cable rates that are
within the FCC's reasonable nite standard or that are justified by a
cost-of-service analysis.
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(2) If the City Council determines that the initial basic cable rates as submitted
exceed the reasonable rate standard or that the cable operator's cost-of-
service showing justifies lower rates, the City Council may order the rates
reduced in accordance with Paragraph (g) or (h) above, as applicable. In
addition, the City Council may order the cable operator to pay to
subscribers, refunds of the excessive portion of the rates with interest
(computed at applicable rates published by the Internal Revenue Service for
tax refunds and additional tax payments), retroactive to September 1, 1993.
The method for paying any refund and the interest rate will be in
accordance with FCC Regulations, as directed in the City Council's
decision resolution.
(3) If rates proposed by a cable operator are, disapproved in whole or in part,
or ifthere were objections made by other parties to the proposed rates, the
resolution must state the reasons for th~ decision and the City Council must
give public notice of its decision. Public notice will be given by: (i)
advertisement once in a newspaper of general circulation in the City, or (ii)
an appropriate insertion in the City's generally-circulated newsletter or
water bills.
(j) Appeal. The City Council's decision concerning rates for the basic service tier or
associated equipment, may be appealed to the FCC in accordance with applicable federal
regulations.
Sec. 23.133. Rate Increase Reviews.
(a) Notice. A cable operator in the City who wishes to increase the rates for the basic
service tier or associated equipment shall file a request with the City and notity all subscribers at
least 30 days before the cable operator desires the increase to take effect. This notice may not be
given more often than annually and not until at least one year after the determination of the initial
basic cable rates.
(b) Expedited determination and public hearing.
(1) If the City Council is able to expeditiol;l$ly determine that the cable
operator's rate increase request for ba~lc cable service is within the FCC's
reasonable rate standard, as determined by the applicable price cap, the
City Council shall:
(i) hold a public hearing at which interested persons may express.their
views; and
(ii) act to approve the rate increase within 30 days from the date the
cable operator filed its request With the City.
(2) Ifthe City Council takes no action within 30 days from the date the cable
operator filed.its request with the City, the proposed rates will go into
effect.
(c) Extended review period
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(1) If the City Council is unable to determine whether the rate increase is
within the FCC's reasonable rate standard based on the material before it,
or if the cable operator submits a cost-or-service showing, the City Council
shall (by motion, resolution or ordinance) invoke the following additional
periods of time, as applicable, to make a final determination:
(i) 90 days if the City Council needs more time to ensure that the
requested increase is within the FCC's reasonable rate standard as
determined by the applicable price cap; and
(ii) 150 days if the cable operator has submitted a cost-of-service
showing seeking to justifY a rate increase above the applicable price
cap.
(2) The proposed rate increase is tolled during the extended review period.
(3) If the City Council has not made a decision within the 90 or 150 day
period, the City Council shall issue a brief written order at the end of the
period requesting the cable operator to keep accurate account of all
amounts received by reason of the proposed rate increase and on whose
behalf the amounts are paid.
(d) Public hearing. During the extended review period- and before taking action on the
requested rate increase, the City Council- shall hold at least one public hearing at which interested
persons may express their views and record objections.
(e) Objections. An interested person who wishes to make an objection to the proposed
rate increase may request the City Secretary to record the objection during the public hearing or
may submit the objection in writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must provide the City-Secretary with
the objector's name and address.
(f)Delayed determination. If the City Council is unable to make a final determination
concerning a requested rate increase within the extended time-period, the cable operator may put
the increase into effect, subject to subsequent refund if the City Council later issues a decision
disapproving any portion of the increase.
(g) Price cap analysis. If a cable operator presents its request for a rate increase as being
in compliance with the FCC's price cap, the City Council shall review the rate using the price cap
analysis in accordance with the standard form authorized by the FCC. Based on the City
Council's findings, the basic cable rates shall be established as, follows:
(1) If the proposed basic cable rate increase is within the price cap established
by the FCC, the proposed rates shall become the new basic cable rates.
(2) If the proposed basic cable rate increa'se exceeds the price cap established
by the FCC, the City Council shall disapprove the proposed rate increase
and order an increase that is in compliance with the price cap.
(h) Cost-ol-service showings. If a cable operator submits a cost-of-service showing in an
attempt to justify a rate increase above the price cap, the City Council will review the submission
pursuant to the FCC standards for cost-of-service review. The City Council may approve a rate
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increase above the price cap if the cable operator makes the necessary showing; however, a cost-
of-service determination resulting in a rate below the cable operator's then current rate will
prescribe the cable operator's hew rate.
(i).Decision. The City Council's decision concerning the requested rate increase shall be
adopted by formal resolution. If a rate increase proposed by a cable operator is disapproved in
whole or in part, or if objections were made by other parties to the proposed rate increase, the
resolution must state the reasons for the decision. Objections may be made at the public hearing
by a person requesting the City Secretary to record the objection or may be submitted in writing
at any time before the decision resolution is adopted.
G) Refunds.
(1)
The City Council may order refunds of subscribers' rate payments with
interest if:
(i) the City Council was unable to make a decision within the extended
time period as described in Paragraph (c) above; and
(ii) the cable operator implemented the rate increase at the end of the
extended review period; and
(Hi) the City Council determines that the rate increase as submitted
exceeds the applicable price cap or thatthe cable operator failed to
justifY the rate increase by a cost:"of-service showing, and the City
Council disapproves any portion of the rate increase.
The method for paying any refund and'the interest rate will be in
accordance with FCC Regulations as du-ected in the City Council's decision
resolution.
(k) Appeal. the City Council's decision concerning rates for the basic service tier or
associated equipment, may be appealed to the FCC in accordance with applicable federal
regulations.
(2)
Sec. 23.134. Cable Operator Information.
(a) City may require. The regulatory officer may require the cable operator to produce
information in addition to that submitted, including proprietary information, if reasonably needed
to assist the City in making a rate determination.
(b) Request for Confidentiality.
(1) A cable operator submitting information to the City Council may request in
writing that information it submits not be made routinely available for
public inspection. The request is effective only with respect to information
to which it is prominently and physically attached.
(2) Iffeasible, the information to which the request applies shall be physically
separated from any information to which the request does not apply. If this
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is not feasible, the portion of the information to which the request applies
shall be identified prominently.
(3) Each request shall contain a statement.ofthe reasons for withholding
inspection and a statement of the facts upon which those reasons are based.
(4) Casual requests, overbroad requests or requests which do not comply with
the requirements of this subsection shall be ineffective.
( c) City Council action. Requests which comply with the requirements of Subsection (b),
will be acted upon by the City Council. The City Council will grant the request if the cable
operator presents by a preponderance of the evidence, a case for nondisclosure consistent with
applicable federal regulations and that withholding or returning the information would not be in
violation of applicable state laws, including by not limited to ptovisions ofthe Local Government
Code and Government. Code relating to government records. If the request is granted, the City
Council's ruling will be placed in the regular rate files in lieu of the information withheld from
regular public inspection. If the request does not present a case for nondisclosure, and the City
Council denies the request, the City Council shall take one of the following actions:
(1) If the information has been submitted voluntarily without any direction
from the City, the cable operator may request the City return the
information without considering it, ifaltowed by applicable law.
(2) If the information was required to be 811bmitted by the City Council, the
information will be made available for p*blic inspection.
(d) Appeal. If the City Council denies the request forc'Onfidentiality, the cable operator
may seek review of that decision from the FCC within five working days of the City Council's
decision, and the release of the information will be stayed pen4ing review, iflawful.
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Sec. 23.135. Automatic Rate Adjustments. }_
',i.
(a) Annual inflation adjustment.Jn accordance with f~deral cable regulations, the cable
operator may adjust its capped base per channel rate for thel?~sic service tier annually by the final
GNP-PI index, or other factor prescribed by the FCC. : I
(b) Other external costs.
(1) Part 76 allows the cable operator to increase its rate for the basic service
tier automatically to reflect certain external cost factors to the extent that
the increase in cost of those factors exceeds the GNP-PI. These factors
include retransmission consent fees, programming costs, state and local
taxes applicable to the provision of cable television service, and costs of
franchise requirements. To the extent allowed by the FCC, the total cost of
an increase in a franchise fee may be tll,ltomatically added to the base per
channel rate, without regard to its relation to the GNP-PI.
(2) For all categories of external costs other than retransmission consent and
franchise fees, the starting date for measuring :changesin external costs for
which the basic service per channel rate may be adjusted will be the date on
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which the basic service tier becomes a subject to regulation, or February
28, 1994, whichever occurs first. The permitted perchannel.charge may
not be adjusted for costs of retransmission consent fees or changes in those
fees incurred before October 6, 1994.
(c) Notification and review. The cable operator shall notify the City at least 30 days in
advance ofa rate increase based on.automatic adjustment items. The regulatory officer shall
review the increase to determine whether the item or items qualify as automatic adjustments. If
neither the regulatory officer nor the City Council makes an objection on behalf of the City within
30 days of receiving notice of the increase, the increase may go into effect.
Sec. 23.136. Enforcement.
(a) Refunds. The City may order the cable operator to refund to subscribers a portion of
previously paid rates under either one ofthe following circumstances:
(1) a portion of the previously paid rates have been determined to be in excess
ofthe permitted tier charge or above the actualcostof equipment, or
otherwise not allowed by applicable Jaws, rules and regulations; or
(2) the cable operator has failed to comply with a valid rate order issued by the
City.
(b) Penalty. It shall be unlawful for any cable operator providing service in the City, or
any person acting in concert with such a cable operator, to:'
(1) fail or refuse to comply with a rate decision or refund order issued in
compliance with this subchapter; or
(2) violate any provision of this subchapte~,
(c) Other Remedies. All other remedies available under the City's Charter, applicable
franchise ordinances, state law or federal cable regulations sh~ be available to the City, and no
prosecution for a violation shall be a bar to any such other remedy.
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