2001-108Ordinance No. 2001 - 108
A ordinance increasing the annual Cable TV franchise fee from 3%o to 4% of the grantee's
annual gross income, and dedicating said 1% 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.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 15.56.040 (A) of the Code of General Ordinances of the City of Janesville
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 four percent (4%) of gross
revenues."
SECTION II. Section 15.56.050 (A) 1. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"15.56.040 (A) 1. One percent (1%) of the total four percent (4%) 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 t,he 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 required of the Grantee under Section 24.06 of the Cable Television
Franchise Agreement. The balance of such 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 III. 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: December 10, 2001
APPROVED:
Steven E. Sheiffer, C'~ty Manageral~' ·
ATTEST:
~ ~n WdI~ City Clerk-Tre~urer ~
APPROVED AS TO FO~:
Ci~tomey '
Proposed by: City Administration
Prepared by: City Attorney
MOTION BY: Williams
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
DEGARMO X
O'LEARY X
BRIEN X
MURPHY X
STEEBER X
Ord Draft/Cable TV 4 ~ Increase Ord 2001
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