ORDINANCE NO. 102-17

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ORDINANCE NO.  102-17
AN ORDINANCE AMENDING SECTION 28-502 OF THE CODE OF ORDINANES OF THE CITY OF OPELIKA PERTAINING TO RATES AND CHARGES FOR RESIDENTIAL FIBER OPTIC SERVICES; AMENDING ARTICLE X OF CHAPTER 28 OF THE CITY CODE BY ADDING SECTION 28-507 ENTITLED “CHANGES TO DATA SPEEDS” AND SECTION 28-508 ENTITLED “CHANGES TO VOICE SERVICES”; PROVIDING THAT THE CHANGES TO RATE SCHEDLES MADE HEREIN SHALL BE APPLIED TO MONTHLY CUSTOMER BILLS BEGINNING WITH THE MARCH 1, 2017 BILLING CYCLES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1.  Amendment to Section 28-502.  That Section 28-502 of the Code of Ordinances of the City of Opelika, Alabama, entitled “Schedule of Rates and Charges”, is hereby amended to read as follows:
Sec. 28-502. – Schedule of rates and charges.
There is hereby adopted by the City the following schedule of rates and charges for residential video (television), data (Internet) and voice (telephone) services for OPS ONE:
Video Services
Features and/or Description
Monthly Price
Life ONE Video1
Channels 2 – 13 only, No STB needed, only available in bundle
$               29.99
Essential ONE Video1
No STB needed
$               64.99
OPS Essential Video1, 2
No STB needed
$               64.99
Choice ONE Video1, 10
Applications Dashboard and Guide/1 HD STB included
$               76.99
OPS Choice Video1, 2, 10
Applications Dashboard and Guide/1 HD STB included
$               76.99
Ultra ONE Video
1, 10
Applications Dashboard and Guide/1 HD STB9 and EPIX included
$               88.99
OPS Ultra Video1, 2, 10
Applications Dashboard and Guide/1 HD STB included
$               88.99
Sports Tier
Additional sports channels not available in video packages
$                 6.00
Latino Tier
Additional Latino channels not available in video packages
$                 6.00
HBO
Premium Video Service, Includes HD and SD channels
$               19.50
Showtime/TMC
Premium Video Service, Includes HD and SD channels
$               16.00
Cinemax
Premium Video Service, Includes HD and SD channels
$               16.00
Starz/Encore
Premium Video Service, Includes HD and SD channels
$               13.00
EPIX
Premium Video Service, Includes HD and SD channels
$                 9.00
Video Equipment
HD STB
Monthly charge unless included in service or bundle
$                 6.00
HD/DVR STB
Monthly charge unless included in service or bundle
$                 7.50
DVR Service
Monthly charge unless included in service or bundle
$               10.00
RF Remote
Monthly charge and available on request
$                 1.00
Data Services
Description
Monthly Price
ONE Ten3
Up to 10/10 Mbs
$               39.99
ONE Hundred3
Up to 100/100 Mbs
$               64.99
ONE Gig3
Up to 1000/1000 Mbs
$               94.99
OPS Lite Essential2, 3
Up to 10/5 Mbs
$               34.99
OPS Lite Choice2, 3
Up to 30/15 Mbs
$               44.99
OPS Lite Ultra2, 3
UP to 50/25 Mbs
$               64.99
OPS Lite Speed2, 3
Up to 100/50 Mbs
$               99.99
OPS Lite Speed Plus2, 3
Up to 300/300 Mbs
$             249.99
OPS Lite Speed Gig2, 3
Up to 1000/1000 Mbs
$             499.99
Upgrade to Internet Symmetrical Speed2
Only available to current customers with this service
$               15.00

Voice Services
Features/Description
Monthly Price
Life One Voice
Includes Caller ID, Long Distance is $0.06 per minute
$                14.99
Essential ONE Voice
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Long Distance is $0.06 per minute
$                19.99
OPS Voice Essential1
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Long Distance is $0.06 per minute
$                19.99
Choice ONE Voice
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Voice Mail with notification, Long Distance – 120 minutes free4 then $0.06 per minute
$                29.99
OPS Voice Choice1
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Voice Mail with notification, Long Distance – 120 minutes free4 then $0.06 per minute
$                29.99
Ultra ONE Voice
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Voice Mail with notification, Unlimited Long Distance (up to 5000 minutes)4
$                39.99
OPS Voice Ultra1
Includes Caller ID with Call waiting, 3-way calling, Call Return, Call Forwarding, Voice Mail with notification, Unlimited Long Distance (up to 5000 minutes)4
$                39.99
Additional Voice Services or Fees
Subscriber Line Charge per line, (Applies to ALL Lines)
$                  6.45
Non-Published Listing (not published in directory or available from Directory Assistance)
$                  5.50
Non-Listed Listing (not published in directory)
$                  5.50
Additional Listing
$                  5.50
Directory Assistance
Local and National, per call5
$                  1.00
Live Operator Assisted, per call5
$                  2.50
Operator Assisted Service Surcharge, per call5
$                  1.00
International Directory Assistance, per call5
$                  5.00
Operator Services
Automated Operator Assisted Service Surcharge per call5
$                  1.25
Live Operator Assistance Service per call5
$                  2.50
Person to Person Operator Assisted per call5
$                  5.00
Home Phone Calling Feature Add-Ons
Privacy Defender (Available for all ONE Voice levels)
$                  5.00
Selective Call Rejection (Available with Choice ONE Voice or Ultra ONE Voice)
$                  2.00
Simultaneous Ring Personal (Available with Choice ONE Voice or Ultra ONE Voice)
$                  2.00
Anonymous Call Rejection (Available with Choice ONE Voice or Ultra ONE Voice)
$                  2.00
Distinctive Ring -up to 3 (Available with Choice ONE Voice or Ultra ONE Voice)
$2.00 each
Bundles
Services Included
Monthly Price
Life ONE Triple
Life ONE Video, ONE Ten, Life ONE Voice
$               79.97
Essential ONE Triple
Essential ONE Video, ONE Ten, Essential ONE Voice
$             114.97
OPS Essential Bundle2
Essential ONE Video, OPS Lite Essential, Essential ONE Voice
$             114.99
Choice ONE Triple
Choice ONE Video, OPS Hundred, Ultra ONE Voice, 1 HD Box
$             154.97
OPS Choice Bundle2
Choice ONE Video, OPS Lite Choice (30/30 Mbs), Ultra ONE Voice, Symmetrical Upgrade, 1 HD Box
$             149.99
Ultra ONE Triple
Ultra ONE Video, ONE Hundred, Ultra ONE Voice, 1 HD Box, EPIX
$             164.97
OPS Ultra Bundle2
Ultra ONE Video, OPS Lite Choice (60/60 Mbs), Ultra ONE Voice, Symmetrical Upgrade, 1 HD Box
$             164.99
The ONE Triple
Ultra ONE Video, ONE Gig, Ultra ONE Voice, 1 HD/DVR Box, DVR service, EPIX
$             184.97
Com ONE Double
ONE Hundred, Essential ONE Voice
$               77.98
Essential ONE Double
Essential ONE Video, ONE Ten
$               99.98
Choice ONE Double
Choice ONE Video, ONE Hundred, 1 HD Box
$             134.98
Ultra ONE Double
Ultra ONE Video, ONE Hundred, 1 HD Box, EPIX
$             144.98
The ONE Double
Ultra ONE Video, ONE Gig, 1 HD/DVR Box, EPIX
$             164.98
Installation Services
Services During Initial Installation
Services During an Extra Trip
New Customer Standard Installation6
FREE
Installation of New Outlets
$               75.00
Installation of New Outlets
$       60.00
Activation of Existing Outlets
$               55.00
Activation of Existing Outlets
$         45.00
Set Top Box Installation (waived if upgrading to digital service)
$               65.00
Miscellaneous Service Request (Hourly)
$         75.00
Wall Fish
$             110.00
Wall Fish
$       100.00
Miscellaneous Service Request (Hourly)
$               86.00
Miscellaneous Service Request (Hourly — Night)
$                86.00
Miscellaneous Service Request (Hourly — Weekend/Holiday)
$              120.00
Miscellaneous Services
OPS Smart Home7
$               10.00
Inside Wire Maintenance (All Services)
$                 5.00
Late Fee (Whichever is Greater)
5{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} or $5 min.
Reactivation Fee
$               30.00
Underground Fiber service drops beyond 200′ from ROW additional charges may apply
$0.75 per foot
Aerial Fiber service drops beyond 500′ from ROW additional charges may apply
$0.40 per foot
Single Service Fee (subscribe to only one type service)8
$                15.00
Additional Fees
Unreturned HD Box
$               200.00
Unreturned DVR
$               250.00
Unreturned Router – Netgear N300-WNR2000 or equivalent
$                 65.00
Unreturned Router – Netgear R6300-100NAS or equivalent
$               225.00
Replacement of damaged, lost or unreturned remote control (IR)
$                 10.00
Replacement of damaged, lost or unreturned remote control (RF)
$                 20.00
Unreturned Video Access Point (VAP)
$               100.00

Notes:
The above rates apply to services provided at a residence (per zoning maps) and used in a residential manner.
All rates are subject to change.
Applicable fees and taxes apply and are additional to these rates.
Based upon credit rating, deposits may be required.
Any changes to current service will require switching to new services
1 Video service is subject to a retransmission fee that is calculated each year by totaling the fee charged by each local channel to broadcast their network.
2 Service or package is no longer available for new subscribers as February 8, 2017.  New rates for existing services are effective April 1, 2017.
3 All Internet packages include 5 email accounts and 1 GB storage space per email address. Static IP addresses are not offered on residential tiers.
4 Applies to long distance anywhere in the continental United States. May not be used for data, modem, or businesses (including home businesses).
5 Feature should be billed via credit card with the new agreement with National Directory Assistance
6 See installation definitions for details.
7 OPS will provide a router only through OPS Smart Home.
8 Single Service fee will be applied to all accounts with one type of service effective April 1, 2017.
9 HD/DVR box is substituted for HD box in the ONE Triple and Double bundles
10 Includes music channels and access to Watch TV Everywhere (WTVE)
Section 2.  Amendment to Article X of Chapter 28 by adding new Sections 28-507 and 28-508.  That Article X of Chapter 28 of the Code of Ordinances of the City of Opelika is hereby amended by adding Section 28-507 entitled “Changes to Data Speeds” and Section 28-508 entitled “Changes to Voice Service, to read as follows:
Sec. 28-507.  Changes to data speeds.
Data speeds is subject to change.  Whenever the Director of Opelika Power Services, with the approval of the Mayor, shall determine that changes in data speeds are desirable, the Director shall have the authority to add, delete and modify data speeds in the packages, tiers and class of data speeds offered to the public.
Sec. 28-508.  Changes to voice services.
Voice services is subject to change.  Whenever the Director of Opelika Power Services, with the approval of the Mayor, shall determine that changes in voice services are desirable, the Director shall have the authority to add, delete and modify voice services in the packages, tiers and class of voice service offered to the public.
Section 3.  Effective data of adjusted rates and charges.  The adjusted rates and charges established in Section 28-502 hereby adopted shall become effective for all monthly customer bills rendered after March 1, 2017 beginning with the March 2017 billing cycles.
Section 4.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the sections hereby adopted are repealed.
Section 5.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 6.  Construction.  If any section, paragraph, sentence or word of this Ordinance or the sections hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other provisions of this Ordinance and the sections hereby adopted independent of such portion that may be declared invalid.
Section 7.  Effective Date.  This Ordinance and the sections hereby adopted shall take effect and be enforced immediately upon the adoption and publication as required by law with new rates and charges to be applied to monthly customer bills rendered after March 1, 2017.
Section 8.  Publication.  The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 7th day of February, 2017.
/s/    Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/    R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR this the 8th day of February, 2017.
/s/    R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 8th day of February, 2017.
/s/    Gary Fuller
MAYOR
ATTEST:
/s/    R. G. Shuman
CITY CLERK
Legal run 2/8/17

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