Ord 1993-085 - Laserfiche WebLink

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, ~ .' ;}q/f , -9- costs for which the' basic service tier per channel rate .may be adjusted will be the ,date on Which the basic ,service tier becomes subject to regulation or F€J::>ruary 28, 1-994, whichever occurs first. Th~, permitted per .channel charge may not be, adjusted for costs. of' transmission 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 3,O days in advancE? of a rate increase based on automatic adjustment items. The city will review the increáse to determine whether the item or items qualify as' aùtomatic adj~stments. If the city makes no obj ection wi t,hin 30 days of' receiving notice .of the increase, the increa~e may go into effect. Sec. 23-40. Enforcement. (a) Refunds. The city council may adopt a resolution ordering a cable operator to refund to subscribers' a portion of previously paid rates under the following circumstances: ~ (1) A portion of the previously paid rates have been determined to be in excess of the permitted tier charge or above the actual cost of equipment; or (2) ~he cable operator has failed to comply with a valid rate order issued by the city. (b) Fines. It shall be unlawful for a cable operator to fail to comply with a rate decision or refund order issued under this Article. , SECTION 2. That if any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 3. This ordinance is cumulative of, and is to be interpreted consistently with, City Charter provisions regarding franchised public utilities and existing franchise ordinances; all other ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed. SECTION 4. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty provided in section 1-5 of the San Marcos Code of Ordinances. SECTION 5. That the importance of this ordinance and the imminent expiration of a rate freeze imposed upon cable operators by the Federal Communications Commission create an emergency and an imperative public necessity so that the provisions of the Charter requiring that ordinances shall be presented at three separate meetings and that no ordinance shall become effective until the expiration of ten (10) days following the date of its final passage be suspended, and these provisions are, hereby suspended, and this Ordinance shall take effect on November 14, 1993, and after notice of its adoption is published in a newspaper of general circulation in the city as provided by the Charter. PASSED, APPROVED AND ADOPTED this 8th day of November, 1993.