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Home My WebLink About4005-02/07/1994 ORDINANCE NO. 4005 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING ARTICLE III, CUSTOMER SERVICE STANDARDS, TO CHAPTER 91 , CABLE TV FRANCHISE REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Article III, Customer Service Standards, of Chapter 91 , Cable TV Franchise Regulations , of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby added as follows: ARTICLE III. CUSTOMER SERVICE STANDARDS Sec. 9i-65. Adoption of FCC customer service standards. The City of Waterloo has the legal authority to adopt and enforce customer service standards for the cable television system in the City as permitted by the Cable Television Consumer Protection and Competition Act of 1992 . Upon review of the customer service standards adopted by the Federal Communications Commission (FCC) on March 11 , 1993 , by MM Docket No. 92-263 of the FCC, and deeming it in the best interest of the City, the city council hereby adopts by reference the above-mentioned customer service standards for cable television service effective ninety ( 90) days from the effective date of this ordinance. Sec. 9i-66. Notice to Cable Operator. The City Attorney shall notify the Cable Operator by registered mail with return receipt that the City has adopted said customer service standards for cable television service to become effective on the date specified in Section 92-65 . Sec. 9i-67. Waterloo Cable Commission to establish rules and procedures. The Waterloo Cable Commission shall establish rules and procedures regarding the process to remedy possible violations of the customer service standards by the Cable Operator. The Commission shall provide for notice and opportunity for hearing for both the customers and the Cable Operator in such process. Sec. 9i-68. Non-compliance with customer service standards. If after notice and opportunity for hearing, the City determines that the Cable Operator is not in complete compliance with all the provisions of the customer service standards, the Cable Operator shall reduce the rate for the basic tier of cable service by twenty-five percent ( 25%) until such time that the City has been satisfied that the Cable Operator is in compliance of all the provisions of the customer service standards. In addition, the cable operator shall pay to the City of sum of $100.00 for each day that the Cable Operator fails to be in compliance of all the provisions of the customer service standards after the date that the Waterloo Cable Commission has passed a resolution stipulating the sections where the Cable Operator is in non-compliance. Sec. 9i-69. Letter of credit. In order to assure timely payment of fines provided for herein and to help guarantee and enforce timely compliance with ordered rate reductions hereunder, the Cable Operator shall provide to the City within thirty ( 30) days of the adoption of this ordinance and keep in full force and effect during the existence of the franchise BOOK 31O PAGE 4O7 Ordinance No. 4005 Page 2 agreement an unrestricted, irrevocable, and renewable letter of credit in favor of the City of Waterloo in the amount of five thousand dollars ( $5, 000. 00) . Cash may be posted in lieu of said letter. Failure to obtain and provide such letter of credit shall be deemed a violation of this ordinance. Sec. 9i-70. Inconsistent ordinances. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. Sec. 9i-71. Severability. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Sec. 9i-72. Effect after passage and publication. This Ordinance shall be in effect ninety ( 90) days after its final passage, approval, and publication as provided by law. INTRODUCED: February 7, 1994 PASSED 1ST CONSIDERATION: February 7 , 1994 PASSED 2ND CONSIDERATION: February 7 , 1994 PASSED 3RD CONSIDERATION: February 7, 1994 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of February, 1994, and approved by the Mayor on the 9th day of February, 1994 . �1.. //1 Jo' n R. Roof ,f , Mayo, , ATTEST: � � ill? Ar ,e260" Tom C . . .ell, cting City Clerk/Auditor CERTIFICATE I , Tom Campbell, Acting City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4005, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of February, 1994. Witness my hand and seal of office this 9th day of February, 1994 . tr14,7 et2:#299,Wer_461 Tom C. •bell,/Acting City Clerk/Auditor 19663 Mi sc BLACK HAWK COUNTY, IOWA:SS SELL _, INDEX C PMar 30 19 94 S' MARGIN aFtiled f1r2r:e3co0rd M, and recorded in _ PROOF Misc Book 310 COMPARE Page 407 7- (,,D ,:0, 3e2.44 (e"3 Recorder Deputy hm 1-10.00/ BOOK310Pi��4u8 CITY OF WATERLOO :'ORM i 1 T. - STATE OF IOWA, I do solemnly legal that the annexed copyof le al Waterloo, City of SS Black Hawk County, Ordinance No. 4005 ORDINANCE NO.4005 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO,IOWA, BY ADDING ARTICLE III,CUS- TOMER SERVICE STANDARDS, TO CHAPTER 9 1/2,CABLE TV FRANCHISE REGULATIONS. . BE IT ORDAINED by the City • ' Council of the City of Waterloo, notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Iowa: That Article III,Customer Service Standards,of Chapter 9 1/2,Cable N Franchise Regulations,of the Waterloo,Black Hawk County,Iowa,once commencing on the 28th 1993 Code of Ordinances of the City of Waterloo,Iowa,is hereby added as follows: Feb ARTICLE III.CUSTOMER SER- day of ruary 19 94 in the name of VICE STANDARDS Sec.9 1/2-65.Adoption of FCC / �/ customer service standards. The City of Waterloo has the legal said newspaper, and that the annexed rate of advertised is the regular legal rate of said authority to adopt and enforce cus- tomer service standards for the cable television system in the City as permitted by the Cable newspaper,and that the following is a correct bill for publishing said notice. Television Consumer Protection and Competition Act of 1992.Upon review of the customer service 40.88 standards adopted by the Federal . Printer's Bill$ Communications Commission (FCC)on March 11,1993,by MM Docket No.92-263 of the FCC,and deeming it in the best interest of the City,the city council hereby adopts by reference the above—mentioned- customer service standards for ` cable television service effective. . ._ O 0� r• ninety(90)days from the effective /'" `^ date of this ordinance. Signed Sec. 9 1/2-66. Notice to Cable Operator. The City Attorney shall notify the 1 Cable Operator by registered mail �� with return receipt that the City has Subscribed and sworn to before me this ;T' ) . A day of ' adopted said customer service . standards for cable television ser- ,, vice to become effective on the , /AJ.`j A.D.,19""d 4x...frui dale specified in Section 9 1/2-65. Sec. 9 1/2-67.Waterloo Cable Commission to establish rules and • procedures. . The Waterloo Cable Commission - shall establish rules and procedures . • regarding the process to remedy �,//J possible standards of the customer ci /�/�,y`� r /, service standards by the Cable e0,7,,,,,,,,, /LJt. I. ��'777��"(((/`�,1./ Operator.The Commission shall provide for notice and opportunity ', - Notary Public • for hearing for both the customers and the Cable Operator in such • process. - Sec.9 1/2-68.Non-compliance with • • • customer service standards.If after Received Of i notice and opportunity for hearing, 5 the City determines that the Cable . Operator is not in complete compli- 1 ance with all the provisions of the customer service standards,the Cable Operator shall reduce the rate forthe basic tier of cable arr- ,�.ti.,.._ ) j the sum of Bei epnMy suodS usoliewy 'uMotedmee 140254AO/i !Kbe . :Avid y 9J01111)61d /dud ye Dollars E6l9EE,Mn'uDi ,e1 595069 3O+t . . SZZ04Z9SAntushittLa= 1 in full for publication of the above notice. °94m InoS ow Melpwo3 Oat I 'esuewy.4 +4. 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