32-79 ORDINANCE NO. 32-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, "ELECTRICITY",
DIVISION 2 "DELRAY BEACH CATV LEADERSHIP FRANCHISE",
BY REPEALING SECTION 13-54 "RATES AND CHARGES TO
SUBSCRIBERS" AND SUBSTITUTING NEW SECTION 13-54 "RATES
AND CHARGES TO SUBSCRIBERS"; PROVIDING FOR THE SETTING
OF RATES AND CHARGES FOR CABLE TELEVISION AND DISTRIBU-
TION BY THE GRANTEE, AND THAT SUCH RATES AND CHARGES
SHALL BE REASONABLE, JUST AND FAIR, AND SHALL PROVIDE
THE GRANTEE A REASONABLE RETURN ON ITS INVESTMENT; PRO-
VIDING FOR THIRTY DAY NOTICE OF RATE AND/OR CHARGE
INCREASES~ REPEALING ALL ORDINANCES IN CONFLICT PIEREWITH~
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is the current trend in the nation to deregulate
cable television systems in order that the rates and charges to cable
television customers be determined in the market place; and,
WHEREAS, the City Council finds that it is in the best interests
of the residents of the City of Delray Beach to remove the restrictions
placed upon the rates and charges of the cable television franchise sub-
ject to the future rates and charges of the grantee being reasonable, just
and-fair to the public,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 13-54 "Rates and Charges to Subscribers"
be, and the same is, hereby repealed.
Section 2. That new Section 13-54 "Rates and Charges to Sub-
scribers" is hereby enacted to read as follows:
Section 13-54. Rates and Charqes to Subscribers.
(a) The rates and charges for cable television distri-
bution and installation shall be set by the grantee,
and any rate or charge by the grantee shall be
reasonable, just and fair to the public, and shall
provide the grantee a reasonable return on its
inve s tmen t.
(b) Notice of any increase in rates and/or charges by
the grantee shall be given to subscribers no less
than thirty (30) days prior to the effective date
of any such increase.
Section 3. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten (10)
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this 29th day of May , 1979.
LEON M. WEEKES
ATTEST:
y Clerk
First Reading May 14, 1979
Second Reading May 29~ 1979.
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