99-1280Ordinance No. 99 - 1280
A ordinance increasing the annual Cable TV franchise fee from 2°4 to 3°,4 of the grantee's
annual gross income, and dedicating said lo4 increase in fees solely to the annual operation and
capital improvement costs, fees and expenses of the local Public Access Channel, with penalties
for violations therefore as set forth in JGO Section 15.56. 070.
Whereas, the local public access channel, Janesville Access Television (JATV), began operating
in 1997 to provide a means for the public to air views and produce programs, and for subscribers
to benefit from being able to participate more fully in the life of the community; and
Whereas, the channel has been very successful in recruiting, training, and equipping volunteers;
and
Whereas, the variety and quality of programs and the community calendar continues to improve
and have already reached a standard many other public access channels only aspire to; and
Whereas, the current funding is inadequate for meeting the needs of producers and viewers; and
Whereas, the Common Council wish to provide sufficient funding for JATV to maintain its
current level of services and to grow in response to community needs.
Now, therefore,
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION L Section 15.56.040 (A) ofthe Code ofGenerai Ordinances ofthe City ofJanesville
is hereby amended to read as follows:
"15.56.040 Franchise Fee. (A) Each and every grantee shall annually pay to the CITY
a cable television franchise fee equal to not less than three percent (3°/3) of gross
revenues."
SECTION lI. Section 15.56.050 (A) 1. of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"15.56.040 (A) I. One percent (1%) of the total three percent (3%) of gross
revenues annual franchise fee paid by the grantee shall be designated, dedicated, provided
to and used solely by and for the operation and capital improvement costs, fees and
expenses of the CITY's Public Access Channel. This one percent (1%) payment shall be
in lieu of those annual public access channel payments of the Grantee required and
otherwise set forth in Title XXIV and other provisions of the Cable Television Franchise
Agreement by and between the CITY and the current Grantee, as from time to time
amended, except for the balance of the current Grantee's start-up capital contribution for
the establishment ora Public Access Channel, studio and equipment, which payment is
set forth and requked of the Grantee under Section 24.06 of the Cable Television
Franchise Agreement. Thebalance ofsuch start-up contribution shall still be required of
and be paid by the Grantee in addition to the 1% increase, notwithstanding any other
provision of this ordinance to the contrary."
SECTION HI. The City Manager and his designee(s) on behalf of the City of Janesville,
furthermore, is/are hereby empowered and authorized by the Common Council: (1) to forthwith
provide written notice to the Grantee of the above unilateral increase in the annual fee in accord
with the ordinance and Franchise Agreement, (2) to amend the Cable Television Franchise
Agreement with the Grantee including, but not limited to, Section 18.01 of the Franchise
Agreement, and (3) to negotiate, draft, modify, review, execute, enter into, record, file, and make
such other modifications and amendments to any and all documents, papers, forms and
agreements, enter into such other agreements, and/or take such other actions as the City Manager
may, from time to time and at any time, determine necessary and/or desirable to effectuate the
intent of this Ordinance.
SECTION IV. This ordinance shall take effect immediately upon adoption, the public
health, welfare and good order so requiring. The above unilateral one percent (1%) increase in
the grantee's annual cable television franchise fee, however, shall take effect "...upon not less
than one hundred twenty (120) days prior written notice to the grantee, in which event the
grantee shall pay such increase(s) and fee(s) in full, as proportionally adjusted by time of year...',
pursuant to Section 15.56.040 (B) of the Code of General Ordinances of the City of Janesville.
ADOPTED: November 22, 1999
APPROVED:
ST~en E. Sheiffer, City ManageC'
Al'lEST:
J~ Ann Wulf, City Clcrk-T,/'eas~er
APPROVED AS TO FORM:
City Attorney -
MOTION BY: Noll
SECOND BY: Brien
COUNCILMEMBER AYE NAY PASS ABSENT
WESTPHAL X
MURPHY X
O'LEARY X
BRIEN X
STEHURA X
NOLL X
SCHNEIDER X
Proposed by:
Prepared by:
Karen ICa'uegeL Library Director
City Attorney attd Librazy Director
Shared File -- Oral Draft - Cable TV 1% Increase Ord
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