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HomeMy WebLinkAbout2737 TCI CablevisionTCi WEST, INC. August5,1994 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 Preside1~t/COO TCI Cablevision of Oregon, Inc. DMR:jlt STATE OF WASHINGTON ) )SS COUNTY OF KING ) On ~~,C~a~_ .~? / c] ~ ¢ , before me, a Notary Public in and for said State, personally ff__lJpeared 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 behalf 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 ORDINANCE NO. 2737 AN ORDINANCE AMENDING ORDINANCE NO. 2258 AS AMENDED BY ORDINANCE NOS. 2415, 2536 AND 2710, CONCERNING THE FRANCHISE WITH TCI CABLEVISION OF OREGON AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY Of ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 19(2) of Ordinance No. 2258, as amended, is amended to read as follows: "(2) Pursuant to the Federal "Cable Television Consumer Protection Act of 1992", Grantee shall, beginning August 1, 1994, pay to the City, a PEG access fee of 60 cents per subscriber per month. The total annual PEG access fees will be paid in advance of each city fiscal year. The advance shall be based upon an estimation of the fees for the ensuing year. Any difference in the advance fees and the actual fees will be reconciled at the end of the fiscal year for which the advance was made. The fees estimated for fiscal year 1994-95 are $36,000 which the Grantee shall pay as soon as practicable prior to August 1, 1994. This fee shall be used exclusively for facilities and equipment for PEG access." SECTION 2. The following paragraph is added to section 20 of Ordinance No. 2250, as amended: "Notwithstanding any provision in the franchise to the contrary, the City shall have the power and authority to invoke rate review and to regulate rates as provided under the terms of the Federal "Cable Television Consumer Protection Act of 1992," regulations promulgated under this Act and any amendments which may be made to the Act or regulations." SECTION 3. Classification of the fee. The fee specified in Section 1 of this ordinance is classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No. 5). PAGE 1-SPECIAL ORDINANCE (p:ord\tcicab12.ord) SECTION 4. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance shall take effect on August 1, 1994, upon its passage and approval by the Mayor. The foregoing ordinance was first READ on the 21st day of June ,1994, and duly PASSED and ADOPTED this __ ,u~sell E. Chadick, Jr., Act ng~City Recorder SIGNED and APPROVED this 7th day of 5th day of July , 1994. July ,1994. ~;ath-eHn; M. Golden, Mayor PAGE 2-SPECIAL ORDINANCE (p:ord\tcicabl2.ord)