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HomeMy WebLinkAboutOrd 1555 - utilities sent py: ~Ole ~uougneny fl3-66U-141 ( 03/21/97 11:24 Job 708 Page 2/3 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 An ordinances and parts of ordinances in conflict herewIth are hereby repealed to the extent of the conflict only.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 !---- __..___.. r:~--.-".~-.~.OL---.-:JL'l-~- r.':-.. :-.-..-..~ -'TILl ----1l11I'mnmmllF ~en{ 9Y: vo~e ~ uo~gner~y (l~-OOU-I~I( 03/21/97 11 :26 Job 708 Page 3/3 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) ~~~ .ityecretary Re~e~:~.I.~ "J'WJ L r City Attorney b33;,.5400til i----'~_.--.~~'-.----'-~~-.. -~~-rc---- .~---"--'T-----"~;'~'-~-"- "..- ."""'T" - - -" mT ""~:rr.T -"-IITIfiIi!mlTIlIfllr 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.] ~~=~_.___~._.::~~.::::~E.~_7'-o-,."",--:C-.-."=_.C_:='=.~~''--'~-._=~:,,----~'r_____-:-:-.II"~"'.;___ 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. reo ~O'~~~~"~!"'"'~";I"r-----r~"-'~~""" "ilLl-' TIT . TII11ffi:WiTImllru 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. ro'---'" .'~m-i'.l-'-----T" _.' rrn --'TIf[ 'FllrmmlTIilfIIl' 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. r- ~~CC"O"~O~'''---r''''c''''c':~'C~-'--''Trn ill r ''''!I'lll1lii'mlTIllfln'- 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. !~._'~ T-.~.7~~"-'<I-~"",--'---T-' ..,. -~---.,. 1'IlI , Tl1T '-I!IIllIin"IIIIFIII 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 m&~. i 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. r- -------~"-~~~I~~~-------I"p----------------;rrTm mr '-"n'lliili;'iTImllflll-- (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. r- r. .~~~~.~r.-~-n'.T---r".'....~~.~~..~.'..rrr'---.-~~~ ...rr r . ",!!'llfilinmmllf 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 r~~,~..o".Ci "~j~---r""'''' ;'IT''---- . , Ii r . "Ir:I11i1i;:ililliITlII 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. = (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 L_ __ __ _~_~____~_ r,,-,_:-'._'="=~co..--=:T"""""'-=~::~"r ("1"" -"~_.~ ~l-- 1--~'''I~[IIa:m)IIlllrr 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. r---- T~C.~~"'., '.'11 r~Y- unrrn~----rr 'TllrlliFWliilrm (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. .~.... L'"~~---"'-T"'~-n'--r----f':""'-'-"'-'CC'uI'r-~-. LI1f :-I:nIlIii:mllllmr (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 _~~.r':~-"-'--""':=:===-O'.==-~~""~'~-"--~"-""'~ (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 :-..-.~-- --.------.--~~.--.~~~---.__::;:~:"::o:'=~"r~~':~:=:::J-~.-__________r_'",,-,.-,-----,----,-,--~---- ""1'11":1 -~-ilU '-'I~[ln!l~~ml!llrm 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 ,---..,-------'--.' - Ti~T----u -'''---r'' - '1Tl ----... ';TlH "''!'lIlili''iITllilnlll 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. i'f 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 r- . r~ "~~"~~~"T'" "''!'''r-----'''--r-''''c _~7-~'" TIT' I t[r" 'nlm'iTIllllmr 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. ___~___ I"":_C_;-C'"C'~-~~-''''''.~~'-~'-~:'':O'"=--'--'''':l~-~-"'''";.- ---'--'-''---~'''J