§ 16-31. Subscriber rates.

(a)

Rates and charges. The rates and charges made to subscribers hereunder shall be fair and reasonable and no higher than necessary to meet all costs of service (assuming efficient and economical management), including a fair return on the original cost, less depreciation, of the properties devoted to the rendering of such service (without regard to any subsequent sale or transfer price or cost of such properties). This standard shall control the city council's decisions dealing with increases and reductions in rates.

(b)

Fee increases. The franchisee may, no more often than once every 12 months, petition the city for an increase in fees, setting forth the proposed fee increase and the reasons therefor. The city shall, upon receipt of such petition, hold a full public hearing before the council on said petition, said hearing to be held not more than 90 days after the petition is filed. At such hearing, all interested parties may present evidence in support of or in opposition to the proposed fee increase. The franchisee shall have the burden of proving the need for any increase in fees. The city shall then have 90 days to either approve or disapprove said petition in whole or in part, and shall give their reasons therefor. The franchisee will furnish all records considered necessary by the city to reach a decision in this matter.

(c)

Rate filing. The franchisee will file a set of rates annually (every 12 months the franchise is in effect) for approval and/or disapproval by the city council.

(d)

Rate limitation. The rates and charges shall be not more than that set forth in the franchise agreement.

(e)

Interruption of service.

(1)

In the event that its service to any subscriber is interrupted for 24 consecutive hours, except for acts of God, accidents, vandalism or sabotage caused by persons not affiliated with the franchise, and except in circumstances for which the prior approval of the interruption is obtained from the city council, grantee (franchisee) shall provide a ten percent rebate of the monthly fees to affected subscriber.

(2)

In the event that its service to any subscriber is interrupted for 48 consecutive hours, except for acts of God, accidents, vandalism, or sabotage caused by persons not affiliated with the franchise, and except in circumstances for which the prior approval of the interruption is obtained from the city council, grantee shall provide a 20 percent rebate of the monthly fees to affected subscriber.

(3)

In the event that its service to any subscriber is interrupted for 72 consecutive hours, except for acts of God, accidents, vandalism or sabotage cause by persons not affiliated with the franchise, and except in circumstances for which the prior approval of the interruption is obtained from the city council, grantee shall provide a 50 percent rebate of the monthly fees to affected subscriber.

(f)

Late charge. The franchisee may, in addition to the rates set out in the franchise agreement, add a late charge of five percent per month on any fee that is not paid within 15 days of receipt of bill.

(g)

Payment in advance. A franchise may require subscribers to pay for each month of basic service in advance at the beginning of each month. No other advance payment or deposit of any kind shall be required by the franchisee for basic subscriber service. No deposit or advance payment of any kind shall be charged for the provision of any converter without prior approval of the city. Nothing in this provision shall be construed to prohibit charges or waiver of charges for initial installation or reconnection. If deposits are authorized, the deposit plus seven percent will be returned to the user at the end of the rental period, less any damage to the rented property other than fair wear and tear or any act of God.

(h)

Disconnection and installment. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the franchisee may disconnect the subscriber's service outlet; provided, however, that such disconnection shall not be effected until 30 days after the due date of said delinquent fee or charge and shall include ten days written notice of the intent to disconnect delivered to the subscriber in question. If a subscriber pays 30 days after payment is due and after notice of disconnection has been given, a franchisee shall not disconnect. After disconnection, upon payment in full of the delinquent fee or charge, the payment of reconnection charge, a franchisee shall promptly reinstate a subscriber's cable service.

(Code 1985, § 4-413; Ord. of 4-6-1981)