Ordinance - 1992 - 198 - Amend Cable Franchise - 02/25/1992ORDINANCE NO. 198
AN ORDINANCE OF THE CITY OF EAGLE RELATING TO THE CABLE TELE-
VISION FRANCHISE WITHIN THE CITY; REPEALING ORDINANCE NO. 189;
AMENDING SECTION 6-4-1, EAGLE CITY CODE, TO MODIFY THE DEFINITION
OF GRANTEE; AMENDING SECTION 6-4-2, EAGLE CITY CODE, TO REVISE
THE GRANT OF AUTHORITY; AMENDING SECTION 6-4-19, EAGLE CITY CODE
TO EXTEND THE DURATION OF THE FRANCHISE TO THE YEAR 2;/%'
AMENDING SECTION 6-4-23, EAGLE CITY CODE, TO MODIFY PAYMENTS TO
THE CITY; ENACTING SECTION 6-4-25, EAGLE CITY CODE, TO PROVIDE
FOR REVIEW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 25, 1980, the City of Eagle, by its duly
constituted City Council, passed Ordinance No. 54, codified at
Title 6, Chapter 4, Eagle City Code, granting to United Cable
Television Corporation a franchise to operate a cable television
system for the purpose of interception, sale, and distribution of
television and radio signals to the inhabitants of the City of
Eagle, the duration of the franchise set at twenty (20) years;
WHEREAS, on June 26, 1991, the City of Eagle, by its duly
constituted City Council, passed Ordinance No. 189, amending
Section 6-4-23, Eagle City Code, establishing an increased pay-
ment to the City;
WHEREAS, the City has determined that certain changes to
Title 6, Chapter 4, Eagle City Code, are necessary as a result of
changes in various circumstances since March 25, 1980;
WHEREAS, the City has determined that payments to the City
should be increased;
WHEREAS, the City has determined that these changes are in
the best public interest,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, AS FOLLOWS:
Section 1: That Ordinance No. 189, amending Section
6-24-23 of Eagle City Code, is hereby repealed in its entirety.
Section 2: That Section 6-4-1 of the Eagle City Code, be,
and the same hereby is, amended to read as follows:
"Grantee": United Cable Television
Corporation, a Delaware corporation( doing
business as United Artists Cable of Idaho, to
whom or to which a franchise under this Ordi-
nance is granted by the Council, and the
lawful successor or assignee of said person,
1
firm or corporation;--howeuer sucl,esaLgnment_
er- t -E -a -n s fe r- shall -be- s use c t --to the- w r-# ten -
.s o n sent of-- the --G r -a -n te* .
Section 3: Section 6-4-2 of the Eagle City Code
the same hereby is, amended to read as follows:
Grant of Authority: There is hereby
granted by the City of Eagle, State of Idaho,
to United Cable Television Corporation, whose-
f4inc pal- place—of— business- -1s- Den r-,
Color-ade-, a Delaware corporation its suc-
cessors and assigns, hereinafter referred to
as "Grantee," the right and privilege to
construct, operate and maintain a eabl.e- com-
munity antenna television system withinfie
City for the Distribution of television
signals, FM radio, or other services by cable
and to use and occupy the streets and public
ways therefor, subject to the terms, con-
ditions and provisions contained herein.
Section 4: That Section 6-4-16 of the Eagle City
and the same hereby is, repealed.
Section 5: That Section 6-4-19 of the Eagle City
and the same hereby is, amended to read as follows:
Duration and Conditions for Acceptance of
Franchise: The franchise and all rights and
privileges and authority hereby granted shall
take effect and be in force from and after
final passage hereof, as provided by law, and
shall continue in force and effect for a term
of twenty-nine- (-293 (20) years, effective from
the date of this Ordinance, through September
30 -20-19- 2012; provided that, within thirty
l) days after the date of passage of this
Ordinance, the Grantee shall file with the
City Clerk, in writing., duly executed by the
proper officials, the following documents:
1. Its unconditional acceptance of this
franchise; and
2. Its surety bond as provided in
Section 14; and
3. Its indemnification bond as provided
in Section 13.
be, and
Code be,
Code be,
Section 6: That Section 6-4-23 of the Eagle City Code be,
and the same hereby is, amended to read as follows:
Payments to the City: The Grantee
shall pay to the City semtannually, -an-amount-
-equal- to- tree- 4-3$W-- percent -ef -grass-in-ceme
€rom-subscribers--residing_ w,i-th4-n-trhe-C-tif.
-Payments--rha11- ba -made -on -or _ bef:o-re__Januar.y
41st and -July- 31et e€- ea -ch --year„- -The-payment-
-du e --a a ua-ry -31 s -t-- sha 11.- repr a sen t ---all _grass
cone --received €or -the- -peried- -July-- 1-st
-th r-ou gh- Dece mbe-r --31 s -t-, Imm edict t e1y px e c ed i ng.
maid -pay ant, -date and -the-payment-due- -July
3-1 s t-,- -sh al 1-r a pr a -s -e -n t-- a 1.1- -gr acts -income- -r�--
ee i ved -free -the-- per i od- Ja-nua-r y -let --thr-euugla-
J ne- 3 0-th 4mma d4 -a t e l y pr -e -c a eding-e ai-d- payment
-date- at the times specified below an amount
equal to a percentage of gross cable income
from subscribers residing in the City as
follows:
a. within thirty (30) days of the
effective date of this Ordinance,
three percent (3%) for the period
from January 1, 1990, through
Septemer 31, 1991;
b. Within forty-five (45t days of the
effective date of th srdinance
five percent (5%) for the period
October 1, 1991, through December
31, 1991;
c. On July 31, 1992, five percent (5%)
for the period January 1, 1992,
through June 30, 1992; and
d. Thereafter on every January 31 of
each year five percent (5%) for the
period of July 1 through December 31
of the prior calendar year; and on
every July 31 of each year five
percent (5%) for the period January
1 through June 30 of the then calen-
dar year.
e. Provided that the amount of any
franchise payment shall not exceed
the maximum rate established by
3
federal law. Grantee may show as a
separate line item the entire
franchise amount on Grantee's
billings to its subscribers.
f. Grantor shall have the authority to
increase the payments described
herein in the event federal law
establishes a fee in excess of five
percent (5%). Grantor shall provide
Grantee one hundred twenty (120)
days notice prior to the imposition
of any increased fee.
Section 7: That a new Section, Section 6-4-25 of the
Eagle City Code be, and the same hereby is, added to read as
follows:
The terms of this franchise may be re-
viewed by the City and Grantee on October
1, 1996, and every fifth year thereafter
during the effective term of this
franchise or any extension thereof.
Provided, however, that such review shall
occur only if either Grantor or Grantee
gives written notice to the other party
within ninety (90) days of the review
date. If written notice is not given
within ninety (90) days of the review
date, the then current provisions shall
be deemed in effect for an additional
five (5) years. If such review does not
result in mutual agreement between
Grantor and Grantee, then the terms of
this franchise shall remain in effect.
Section 8: That this Ordinance shall take effect thirty
(30) days after the day of its introduction, and only after the
Ordinance shall have been published in at least one (1) issue of
the official newspaper of the City.
APPROVED ByL,tpie Mayor of the City of Eagle, Idaho, this
day of !-e. 7r -c t �-rvN . , 1992.
APPROVED.
ATTEST:1
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Mayor
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ORDINANCE NO. 198
AN ORDINANCE OFTHE CITY
OF EAGLE RELATING TO THE
CABLE TELEVISION FRANCHISE
WITHIN THE CITY; REPEALING
ORDINANCE NO. 189; AMENDING
SECTION6-4-1, EAGLE CITYCODE,
10 MODIFY THE DEFINITION OF
GRANTEE; AMENDING SECTION6-
4-2, EAGLE CITY CODE, TO REVISE
THE GRANT OF AUTHORITY;
AMENDING SECTION 6-4-19,
EAGLE CITY CODE TO EXTEND
THE DURATION OF THE
FRANCHISE TO THE YEAR 2012;
AMENDING SECTION 6-4-23,
EAGLE CITY CODE, TO MODIFY
PAYMENTS TO THE CITY;
ENACTING SECTION 6-4-25, EAGLE
CITY CODE, TO PROVIDE FOR
REVIEW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on Mardi 25, 1980,
the Cay of Eagle, by its duly constituted
City Council, passed Ordinance No. 54,
codified at Title 6. Chspter4,Easlef.5�
Friday March 13, 1992 11
within the City for the Distribution of
television signals, FM radio, or other
services by able and to ire and occupy
the streets and public ways therefor,
subject to the terms, conditions and
provisions contained herein.
Section 4: That Section 6-4-16 of
the Eagle City -Code be, and the same
hereby is, repealed
Section 5: That Section 6-4-19 of
the Eagle City Code be, and the same
hereby is, amended to read as follows:
Duration and Conditions for
Acceptance of Franchise: The franchise
and all rights andprivileges and authority
hereby granted shall take effect and be in
fon from and after finalpassage hereof,
as provided bylaw, and shall continue in
force and effect fora term of twenty nine
(2Q)years, effective from the date of this
Ordinance. through September 30.2020
2012: provided that, within thirty (30)
days after the date of passage of this
Ordinance, the Grantee shall file with
the City Clerk, in writing, duly executed
by the proper officials, the following
documents:
1. Its unconditional acceptance of
this franchise; and
2. Its surety bond as provided in
Section 14; and
3. Its indemnification bond as
provided in Section 13.
Section 6: That Section 6-4-23 of
the Eagle City Code be, and the same
hereby is, amended to read as follows:
Payments tothe City; The Grantee
shall pay to the C,
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.11
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effect dirty (30) days after the day of its
introduction. and only after the
Ordinance shall have been published in
at least one (1) issue of the official
newspaper of the City.
APPROVED By the Mayor of the
City of Eagle. Idaho this 25th day of
February, 1992.
APPROVED:
/s/S1EVE GUERBER
Mayor
ATTEST:
BARBARA MONTGOMERY
City Clerk
Publish March 12, 1992.