2003-174ORDINANCE NO. 2003 - 174
An ordinance approving the renewal ojr'Charter Communication 's, Inc., non-exclusive Cable-TF
Franchise upon certain terms and conditions, with penalties for violations thereof as setj'brth in
Chapters 15. 56 and 15.58.
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 five percent (5%) of gross revenues.
SECTION II. Section 15.56.040 E. of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
"(E) Each grantee's payments to the CITY for the grantee's annual FRANCHISE
FEE payment shall not exceed five percent (5%) of the grantee's annual gross revenues or the
maximum then allowed by law, whichever is greater."
SECTION III. A. The Common Council of the City of Janesville, Wisconsin, hereby
approve and enter into a certain Cable Television Franchise Agreement By and Between the City
of danesville and Charter Communications, Inc. (hereinafter "Agreement"). A true and correct
photocopy of said Agreement is attached hereto and incorporated herein as if fully set forth
verbatim.
B. The Common Council of the City of Janesville, Wisconsin, by such approval hereby
extend the current non-exclusive Cable-TV franchise of and with Charter Communications, Inc.,
in the City of Janesville but solely upon the terms, provisions, obligations and conditions set
forth in the above described Agreement, in accord with Chapters 15.56 and 15.58 of the Code of
General ordinances of the City of Janesville, and all applicable provisions of Federal and State
Law, all as from time to time, amended, revised or renumbered.
C. By acceptance of the Agreement and the Common Council' s approval and extension of its
Cable-TV Franchise, Charter Communications, Inc., agrees to fully and timely abide by each and
every provision set forth in the Agreement, Chapters 15.56 and 15.58 of the Code of General
Ordinances of the City of Janesville, and all applicable provisions of Federal and State Law, all
as from time to time amended, renumbered or revised.
D. The City Manager may, from time to time, negotiate, draft, make, sign, enter into, and/or
implement, on behalf of the City, such other document(s), contract(s), agreement(s) and
amendment(s) thereto, including but not limited to amendments to the Agreement, that the City
Manager, from time to time and at any time, and without additional or prior Common Council
review or action, determines necessary, desirable, beneficial, appropriate and/or useful to the
City, its taxpayers, residents, businesses and/or property owners, and/or to implement the intent
of this ordinance and/or the Agreement.
SECTION IV. This ordinance shall take effect immediately upon adoption, the public
health, welfare and good order so requiring.
ADOPTED: May 27, 2003
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Oe.afl'Ann- (/V~lf, C~ty clerk-"Treas~
APPROVED AS TO FORM:
City Attorney
Proposed by:
Prepared by:
City Manager
City Attorney
MOTION BY: Steeber
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS X
BRIEN X
WELLNITZ X
Ord draft/Charter Renewal Ord 2003.doc