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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 ~/_' . ~,~.,.