HomeMy WebLinkAboutORD 85-18 ORDINANCE NO.
AN ORDINANCE AMENDING THE FRANCHISE GRANTED
TO BEAUMONT CABLEVISION, INC . , PREDECESSOR
OF LIBERTY T.V. CABLE, INC . ON NOVEMBER 25,
1975, BY INCREASING THE PAYMENTS TO BE
MADE THEREUNDER; BY EXTENDING THE TERM
THEREOF; AND BY REMOVING CITY REGULATORY
CONTROL OF RATES.
WHEREAS, by ordinance adopted on third and final reading
on November 25, 1975, said ordinance becoming effective April 1 ,
1976, the City of Beaumont ( the "City" ) granted Beaumont
Cablevision, Inc. , the predecessor of Liberty T.V. Cable, Inc. ( the
"Company" ) , the franchise ( the "franchise" ) to conduct within the
City a cable television business and to use the streets, alleys and
public ways of the City for the purpose of conducting such
business; and,
WHEREAS, the franchise is for a term of fifteen ( 15)
years commencing on April 1 , 1976; and,
WHEREAS, as compensation for the use of the streets,
alleys and public ways of the City, the franchise required the
Company to pay the City each year an annual payment equal to three
percent ( 3% ) of gross annual basis subscribed revenues received for
cable television operations in the City for the preceding calendar
year; and,
WHEREAS, City and Company desire to amend the franchise
by extending the term thereof, by increasing the annual payment
made by Company to City as compensation for the use of streets,
alleys and public ways of the City , and by removing City regulatory
control of rates;
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NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That Section II(4 ) be, and the same is hereby , repealed
and removed from the franchise.
Section 2 .
That Section III(l ) be, and the same is hereby , amended
to read as follows:
"Upon the filing with the City by Company of the
acceptance required hereunder, the franchise, as
amended by this ordinance, shall be in full
force and effect for a term and period of
twenty-five ( 25) years from and after April 1 ,
1984, unless sooner terminated as provided
herein. "
Section 3 .
That Section IX( 1 ) of the franchise be, and the same is
hereby , amended to read as follows:
"Section IX( 1 ) . The Company shall pay to the City
on or before March 31 of each year, a five percent
( 50 ) franchise fee based on the gross receipts of
the Company from all sources from its operations
within the corporate limits of the City for the
preceding calendar year. No other fee, charge or
consideration, shall be imposed. Sales taxes or
other taxes levied directly on subscription basis
and collected by the Company shall be deducted
from the gross receipts before computation of sums
due the City is made. The Company shall provide
an annual summary report showing the gross
receipts of the Company from all sources from its
operations within the corporate limits of the City
during the preceding calendar year. The franchise
fee paid to the city may be shown as a separate,
additional item on customer statements. "
Section 4 .
That Section IX( 2 ) be, and the same is hereby , amended to
read as follows:
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"Section IX( 2 ) . City expressly reserves the right,
and Company hereby agrees that should a franchise
fee in excess of five percent ( 5%) be permitted,
authorized or allowed, by any federal law or
regulation, City may automatically impose such
franchise fee in lieu of the five percent ( 5% )
franchise fee herein established. "
Section 5 .
That the first sentence of Section III(9 ) be, and the
same is hereby , amended to read as follows:
"Section IX(9 ) . ( First sentence) Thirteen ( 13)
months prior to the expiration of the term of this
franchise, the City Council shall appoint a five
( 5 ) member cable television evaluation committee
whose membership shall consist of members of the
community and from the City administrative staff. "
Section 6 .
That Section VII( 2 ) be, and the same is hereby, amended
to read as follows:
"Section VII( 2 ) . Company shall establish its
rates and charges for the provision of cable
service, or any other communications service
provided over the cable system. "
Section 7 .
That Section VII( 5 ) be, and the same is hereby , amended
to read as follows:
"Section VII(5 ) . The City shall have no authority
to regulate the rates and charges for the provision
of cable service or any other communications
service provided over the cable system. A full
schedule of current rates and charges shall be
filed with the City Clerk of City."
Section 8 .
That all provisions of the franchise adopted on third and
final reading on November 25, 1975, except those sections amended
herein which are hereby adopted as amended, shall remain in full
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force and effect and shall not be affected by passage of this
ordinance.
Section 9 .
Company shall, within thirty ( 30) days from the date of
the final passage of this ordinance by the City Council of the City
of Beaumont, file with the City Clerk of the City of Beaumont, a
written statement signed in its name and behalf in the following
form.
"To the Honorable Mayor and the City Council of
the City of Beaumont:
Liberty T.V. Cable, Inc. , for itself, its
successors and assigns, hereby accepts the
attached ordinance finally passed by the City
Council of the City of Beaumont, the
day of , 1984, and
agrees to be bound by all of its terms and
provisions.
LIBERTY CABLE T.V. , INC .
By
Dated this the day of 19
Section 10 .
The full text of this ordinance shall, after final
passage by the City Council of the City of Beaumont, be published
once each week for four (4 ) consecutive weeks in a newspaper of
general circulation published in the City of Beaumont, and the
expense of such publication shall be borne by Company. Upon said
publication being completed and the acceptance of this ordinance by
Company is herein provided, this ordinance shall take effect
sixty-one (61) days after its adoption on third and final reading
by the City Council of the City of Beaumont.
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PASSED First Reading this the day of ,
1995 .
PASSED Second Reading this the �� day of
19 .
PASSED Third and Final Reading this the day of
19�.
PASSED APPROVED this the ,ja day of ,
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C-
Mayor -
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