HomeMy WebLinkAbout1986-1631 - Ordinance - 07/29/1986ORDINANCE NO. 1631
AN ORDINANCE GRANTING McCAW BCS COMMUNICATIONS, INC., A
RATE INCREASE IN ITS BASIC SUBSCRIBER RATE, PROVIDING A
SAVINGS CLAUSE, FINDING AND DETERMINING THAT THE MEETING AT
WHICH THE ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW, AND PROVIDING AN EFFECTIVE DATE TBEREOF.
WHEREAS, the City Council of the City of College Station
on September 27, 1984, granted McCaw BCS Communications,
Inc., a franchise to maintain and operate a system for the
purpose of receiving, amplifying and distributing televi-
sion and radio signals in the City of College Station,
Texas; and
WHEREAS, pursuant to Section 3 of the franchise agreement,
McCaw BCS Communications has given the City thirty days'
written notice of its intention to revise its basic sub-
scriber rate; and
WHEREAS, a public hearing on the proposal of McCaw BCS
Communications, Inc., for said rate increase was held on
December 18, 1985; and
WHEREAS, the City of College Station, also in accordance
with said franchise agreement, suspended said increase and
put into action the review process under the franchise
agreement; and
WHEREAS, the City Council of the City of College Station
has reviewed the proposal of McCaw BCS Communications,
Inc., for said rate increase and has heard evidence from
the Cable Franchise Committee, Jack Hopper of Southwest
Utility Associates, and McCaw BCS Communications, Inc.; and
WHEREAS, the City of College Station by the franchise
agreement is empowered to determine a reasonable rate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION, TEXAS:
That the rate charged by McCaw BCS Communications, Inc. for
cablevision in College Station shall be as follows:
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Ordinance No. 1631 Page 2
Effective upon the date of passage of this ordinance, the
rate charged by McCaw BCS Communications, Inc., for its
basic subscriber service shall be increased by $2.50 to
$15.00.
The rate imposed shall be set by this ordinance until fur-
ther review by the City Council under the franchise agree-
ment. In the event of rate regulation pre-emption by Fed-
eral or State law, this ordinance shall be suspended; how-
ever, the franchise agreement section allowing rate regula-
tion shall be in full force and effect during the period of
the franchise agreement and it shall operate and control to
the extent allowed by State and Federal law.
It is further ordered that McCaw BCS Communications, Inc.,
shall present to the City Council of the City of College
Station within the next ninety (90) days a proposal for an
economy cable channel package which shall include CBS, ABC,
NBC, and PBS affiliates.
II.
Should any section, paragraph, sentence, clause, phrase or
word of this ordinance be declared unconstitutional or in-
valid for any purpose, the remainder of this ordinance
shall not be affected thereby.
III.
It is hereby found and determined that the meeting at which
this ordinance was passed was open to the public, as re-
quired by Article 6252-17, V.A.T.C.S., and that advance
public notice of the time, place and purpose of said meet-
ing was given.
IV.
This ordinance shall be and become effective from and after
its passage in accordance with the City Charter of the City
of College Station.
PASSED, ADOPTED and APPROVED
1986.
ATTEST
~C zty ~r~tary
this the 29th day of January,
Gar~ a~, Mayor
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