HomeMy WebLinkAbout2710 TCI Cablevision FranchiseORDINANCE NO. 2710
AN ORDINANCE AMENDING ORDINANCE NO. 2258 AS AMENDED BY
ORDINANCE NOS. 2415 AND 2536, CONCERNING THE FRANCHISE WITH
TCI CABLEVISION OF OREGON.
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
SECTION 1.
follows:
Section 19 of Ordinance No. 2258 is amended to read as
"SECTION 19. Payment to City.
(1) The Grantee shall pay to the City, on or before the 30th day
following the end of each calendar quarter, a franchise fee of five
percent of the gross annual receipts received by the Grantee during
such calendar quarter from the subscribers and advertisers within
the territorial limits of this franchise for each calendar quarter
of this franchise. The franchise fee is for the use of public
streets, alleys and rights-of-way, which are acquired and
maintained at great expense to the City's taxpayers and such is of
economic value to the Grantee, without which the Grantee would be
required to invest substantial capital in~.right-of-way costs and
acquisitions.
(2) Pursuant to the Federal "Cable Television Consumer Protection
Act of 1992", the grantee shall, effective June 1, 1993, pay to the
City, a PEG access fee of not less than two percent of the gross
annual receipts received by the grantee (but not to exceed $35,000
for the first year, which maximum shall be increased annually by
the average of the annual percentage change of the Portland, OR
CPI-U and the U.S. National CPI-U) from the subscribers and
advertisers within the territorial limits of this franchise,
excluding music channel and telephone revenues. This fee shall be
used exclusively for facilities and equipment for PEG access.
(3) To the extent permitted by state law, if the City levies a
utility user tax not to exceed five percent on the subscribers of
the system, the Grantee agrees to collect and remit this tax to the
City, provided that the grantee shall be permitted to retain five
percent of the tax collected to defray the cost of collection.
(4) No other fee, charge or tax of any kind shall be imposed on
Grantee, excepting property taxes and general taxes levied at like
rates on other businesses within the City."
SECTION 2. The City hereby reiterates its present policy in Section
20 of Ordinance No. 2258 concerning rates that require the grantee to
justify any rate increase to Ashland subscribers that is greater than
ORDINANCE - P. 1
TCI
WEST,
INC.
August 5, 1994
City of Ashland
City Hall
Ashland, OR 97520
Attn: Brian L. Almquist
RE: Ordinance No. 2737, An Amending Ordinance
The undersigned TCI Cablevision of Oregon, Inc. does hereby accept Ordinance No. 2737, an
Ordinance amending Ordinance No. 2258 as amended by Ordinance Nos. 2415,2536 and 2710,
duly passed and adopted on June 21, 1994, and does hereby agree that it will comply with and
abide by all of the provisions, terms and conditions of the amendment, subject to applicable
federal, state and local law.
Very Truly Yours,
David M. Reynolds
Executive Vice PresiderlYCOO
TCI Cablevision of Oregon, Inc.
DMR:jlt
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On d~.4~ .~/ / q q ~ , before me, a Notary Public in and for said State,
personally ~l~peared David M. Reynolds, known to me to be the Executive Vice President/Chief
Operating Officer of the corporation that executed the within Instrument, known to me to be the
person who executed the within Instrument on l~ehalf of the corporation therein named as
GRANTEE and acknowledged to me that such corporation executed the within Instrument
pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Residing at: Bellevue, WA
(2~ (')(; i 4¢f-.
FAX (206', ,4 ~/_' . ~,~.,.