WHEREAS, Cable television programming rates have risen an average of ten percent each year, and;
WHEREAS, The City of Hawarden has not accounted for these programming increases with a subscriber rate increase in four years, and;
WHEREAS, The City of Hawarden’s cable television service will remain at one of the lowest rates in the Hawarden area.
WHEREAS, Contractual obligations put forth by cable programmers require specific changes to the City’s digital cable television packaging, and;
WHEREAS, Combining all digital basic programming into a single package will satisfy these obligations while providing a much more desirable package, and;
WHEREAS, The changes to the digital cable system add only $1.00 to the total package price of receiving digital cable television service while doubling the number of digital basic channels received by each subscriber.
BE IT ORDAINED by the City Council of Hawarden, Iowa as follows:
Section 1. Amendment. Ordinance Number 613, Section 5.5 and Section 6.9 are hereby amended as follows:
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5.5 TELEPHONE, CABLE, AND INTERNET
h. Digital Cable Television Services.
1. Digital cable television services include five base packages (Variety, Sports, Spanish, Music, and Movies) a digital base pack, as well as premium and Pay-Per-View services. All digital cable television customers will be required to first subscribe to an analog cable television package before receiving digital service. Those customers wanting to subscribe to the Spanish base package will need to subscribe to a minimum of the Local cable television package as their analog package. All other digital customers will be required to subscribe to the Basic analog cable television package. Should a subscriber to the Spanish digital base package and the Local analog package wish to subscribe to an additional digital base package or change the basic package subscribed to, subscriber will be required to upgrade his/her analog package to the Basic analog package.
2. Premium digital cable television services will be available to all digital service customers on an a la carte basis. Digital cable television subscribers must first subscribe to the Digital Base Pack prior to subscribing to any digital premium services.
3. Pay-Per-View services will be available to all digital cable television customers. These services may only be ordered through the use of the remote control. Customers may order individual movies and/or events or subscribe to “season” sports packages. By ordering a movie/event or subscribing to a “season” sports package, customer acknowledges and agrees to pay the applicable charge, which is in addition to the basic monthly charge for digital, analog, and premium cable television services.
4. Digital cable television customers will be subject to a $100 credit limit on Pay-Per-View orders. When this limit is reached, Pay-Per-View access will be discontinued and the customer will be notified of the amount of orders on his/her account. Customer will be required to pay the full amount of all Pay-Per-View orders (including all taxes and applicable fees) on the account before his/her Pay-Per-View access will be restored.
5. All digital cable television customers must rent one digital set top box for each television on which he/she wishes to receive digital services.
6. All digital cable television customers must enter into an agreement with the Utility obligating the customer to maintain a subscription to at least one digital base package and rental of at least one digital set top box for an initial period of six months. The agreement will also obligate the customer to pay specified replacement costs for his/her set top box(es) and remote control(s) should irreparable damage be caused to the equipment while in the customer’s possession.
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6.9.1 Service Tiers
a. Local Service $9.95
b. Basic Service $22.50 $24.50
a. Digital Tier Base Pack $16.00
(Includes First Set Top Box Rental)
First Package $10.00
Additional Packages $7.50
6.9.2 Analog Premium Channels
a. HBO $9.95
b. Cinemax $7.50
c. Showtime Package $10.95
6.9.3 Digital Premium Multiplexes
a. HBO Digital Multiplex $12.50
b. Showtime/TMC Digital Multiplex $12.50
c. Cinemax Digital Multiplex $10.00
d. Starz! Super Pak $7.50
6.9.4 Pay-Per-View
a. Movies (each) $3.99
b. Events Varies
c. Sports Packages
1. ESPN Gameday
Full Season $99.00
Early Bird $89.00
Per-Day $11.95
2. ESPN Full Court
Full Season $99.00
Early Bird $89.00
End of Season $49.00
Per-Day $5.00
3. ESPN Shootout
Full Season $69.00
Per-Day $5.99
d. Adult Programming Varies
6.9.5 Digital Music Express
a. Commercial only $30.00
6.9.6 Miscellaneous Charges
a. Digital Set Top Box Rental
First Set Top Box $5.00
Additional Set Top Boxes $3.50
b. Replacement Digital Remote Control $15.00
c. Replacement Digital Set Top Box $300.00
d. Analog Converter Box Rental $2.00
e. Replacement Analog Converter Box $115.00
f. Reconnect from non-payment disconnect $15
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Note: Underline text shown indicates new text to be added; Strike thru text shown indicates text proposed to be removed; asterisks indicate omitted portions of this section of the code that will be unaffected by this ordinance.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 4. Severability. If any section, provision, or part of this ordinance shall be adjudged to be 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.
Section 5. Effective Date. This ordinance shall be in effect after its final passage, approval, and publication on June 1, 2004 with the exception of 6.9.1 subsection b, which shall become effective July 1, 2004.
Passed and approved this 12th day of May, 2004.
_________________________
Ricard R. Porter, Mayor
ATTEST:
______________________________________
Craig M. Coffey, City Administrator/City Clerk
| First Reading: | April 14, 2004 |
| Second Reading: | April 28, 2004 |
| Third Reading: | May 12, 2004 |
I hereby certify that the foregoing Ordinance No. 626 was published in the Hawarden Independent, a newspaper printed and published and has circulation in the City of Hawarden, Iowa on the 20th day of May, 2004.
_________________________
Craig M. Coffey, City Administrator/City Clerk