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HomeMy WebLinkAbout1979-25 Relating to the Franchise for the Operation of a Community Cable Television System; Providing a Modified Rate Schedule; Specifying the Definition "Gross Annual Basic Subscriber Revenues" Shall Include Revenues from "Home Box Office"_ ,Y , r z ORDINANCE NO . ~ JF~"' Series of 1979 TITLE AND ORDINANCE AMEND- ING ORDINANCE 14, (SERIES OF 1974) RELATING TO THE FRAN- CHISE FOR THE OPERATION OF A COMMUNITY CABLE TELEVISION SYSTEM; PROVIDING A MODIFIED RATE SCHEDULE; SPECIFYING THAT THE DEFINITION "GROSS ANNUAL BASIC SUBSCRIBER REVENUES" SHALL INCLUDE REVENUES FROM "HOME BOX OFFICE"; SETTING FORTH DETAILS RELATING TO THE FOREGOING AND OTHER RELATED MATTERS. WHEREAS, the holder of the Community Cable Television system franchise has filed a request with the Town Council to increase the approved rates for the system; and WHEREAS, the Town Council appointed a committee to study said rate request and to report to the Town Council; and WHEREAS, a public hearing was held on June 19, 1979, at which time the Town Council received the report of the study committee, comments from the public and from the franchise holder; and WHEREAS, the public hearing was held after Notice was published in the Vail Trail; and, WHEREAS, the Town Council was determined that the rate increase request is proper and should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Subparagraph L of Section 2 of Ordinance 14, Series of 1974, is repealed and reenacted to read as follows: L. "Gross Annual Basic Subscriber Revenues" shall mean any and all compensation and other consider- ation received directly by the company from sub- scribers and payment for regularly furnished basic CATV service. It shall mean in addition, any and all compensation and other consideration received directly by the company from subscribers for such additional services as home box office, the home movie services, sporting events, or other similar services that are provided to subscribers for an additional fee over and above the regular CATV service fee. Gross Annual Basic Subscriber Revenues shall not include any taxes on services furnished by the company imposed directly on any subscriber or user by any municipal, county, state, federal, or other governmental unit and collected by the company for such governmental unit. '' - ~~ • Ord. No. c~ ~ Page 2 Section 2. Subparagraphs A and B, Section 12 of Ordinance 14, Series of 1974, are hereby repealed and reenacted to read as follows: A. Charges for normal installation: 1. Single-Family dwelling unit $50.00 2. Dwelling unit other than single-family 50.00 3. Accommodation unit 25.00 4. Additional outlet within a dwelling unit 20.00 5. Business establishment 50.00 6. Reconnection of any existing outlet 20.00 B. Service Charges: EFFECTIVE AS OF SEPTEMBER 1, 1979 Monthly Rates for Each TV Outlet FULL YEAR PARTIAL YEAR (if paid in advance) 1. Each dwelling unit; $10.15 $11.00 (13th month Each additional out- free) let within the dwell- ing unit 2.59 2.75 2. Each dwelling unit in one building billed on one account (minimum of 10 units) Units 10-20 $ 9.90 $11.00 21-30 9.35 11.00 31-50 8.80 11.00 51 or more 8.25 11.00 3. Each accommodation unit in one building billed on one account: Units 1- 9 $ 6.10 $ 6.75 10-20 6.10 6.75 21-30 5.75 6.75 31-50 5.40 6.75 51 or more 5.05 6.75 .• .. ~ f .. , Ord. No. <~~ • 4. Each outlet in an accommodation unit attached to a dwell- ing unit receiving service $ 2.25 Page 3 $ 2.75 5. Business Establishment $10.15 $11.00 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date thereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virture of the provision repealed or repealed and reen- acted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this _~ day of ~L~,~.~/ , 1979. A public hearing shall be held hereon on the __~_day of ~ ~~ L~~ 1979, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Mayor ATTEST: ~ r~ ~~n /~, ''frown Clerk ~ ~ ` ~ Ord. No. ~~ Page 4 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING ~ AND ORDERED PUBLISHED ~/~ , ~(~~~ ~~ ~~ this /~'TLL day of 1979. Mayor / ' ATTEST: _ ~^ r-,/' ,~ ~ e ~ ~o Clerk c- 17 .,,