Ordinance 1994-05
ORDINANCE NO.
tlf~~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, EXTENDING THE TIME
IN WHICH THE CITY HAS TO DETERMINE THE REASONABLENESS OF THE
RATES OF ITS CABLE FRANCHISEE, TCI CABLEVISION OF TEXAS, INC., AND
FILE A RESPONSE IN ACCORDANCE WITH SUCH DETERMINATION, FROM
March 18,1994 TO JUNE 11,1994; REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has been certified by the Federal Communications Commission (FCC)
to regulate local cable charges for basic service and equipment; and,
WHEREAS, pursuant to such certification the City has adopted Ordinance 93-52 on the 9th
day of November, 1993 providing for local regulation of TCI Cablevision of Texas, Inc. (TCI)
and has given notice of the passage of such ordinance to TCI; and,
WHEREAS, TCI has responded to such notice by filing with the City FCC Form 393
requesting approval of its cable rates; and,
WHEREAS, the City notwithstanding the exercise of due diligence on its part, has been and
will be, unable to sufficiently review said Form and the information therein contained within the
prescribed 30 period following its submission; and,
WHEREAS, TCI has also submitted an amended Form 393 which the City received on
the 11th day of February, 1994, which has the effect of extending the City's time to respond by
an additional 30 days, thereby making its original response deadline the 13th day of March,
1994; and
WHEREAS, the City Council has the authority to extend, for a period of an additional 90
days, the period in which the City must determine the reasonableness of such rates and file its
response and the City Council has determined it is in the best interest of the City to undertake
and ordain such extension;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the time for the City Council to determine whether TCI Cable's existing basic service
tier charges comply with Federal Law and regulations and City ordinances be, and it hereby is,
1
extended for an additional ninety days from March 13, 1994 to June 11, 1994, for the purpose
of allowing the City to seek the expertise of qualified advisors, and to request and receive
additional information requested by the City regarding the existing basic service tier charges.
SECTION II
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION III
This ordinance shall be in full force and effect from and after its adoption by the City
Council as the City Charter does not require publication to give effect to an ordinance which
does prescribe penalties for violation; the Council further determines passage of this ordinance
to be an emergency due to the impending expiration of the initial 30 day period within which the
City's response would otherwise have to be submitted.
SECTION IV
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION V
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
15th day of February, 1994.
2
ATIEST: (!1~ '1(1) d!aJ
Mary Nicho s
City Secretary
3