Loading...
HomeMy WebLinkAbout2003-02-01 A © ORDINANCE NO. a ��3 AN ORDINANCE PROVIDING FOR THE CONTINUATION, AT AN INCREASED RATE, THE CURRENT FEE IMPOSED UPON COX COMMUNICATION; THAT THE CITY SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 2003, AND FUTURE YEARS FROM THE CABLE COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: WHEREAS, the Cox Communications Cable Company (hereinafter called the "Cable Company") is duly authorized by franchise ordinance to operate a cable distribution system and to render cable service to the City of Batesville, Arkansas, and to the citizens thereof, and, WHEREAS, said Cable Company is now occupying the streets and alleys of said Municipality for the purpose of supplying cable service to said Municipality and its citizens, and, WHEREAS, the Municipality is entitled to receive such just and reasonable fee for the Cable Company which the Municipality may lawfully impose, and, WHEREAS, it is the intent of the City to standardize the rate paid to the City among major franchised utilities, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: SECTION 1. The Cable Company shall pay to the City an annual sum in the amount of 3.00% of revenues collected from residential, commercial and industrial customers within the corporate limits of Batesville, Arkansas. Said fee shall be paid quarterly, on or before January 15, April 15, July 15, and October 15, and in accordance with the rules and regulations of the Federal Communication Commission. For the purpose of clarification, the first payment under the terns of This ordinance shall be due and payable on or before July 15, 2003. Q l SECTION II. Nothing herein shall be construed to alter or change the ® terms of conditions of the present franchise under which the Cable Company is operation. SECTION III. All other ordinances, agreements and parts of ordinances and agreements in conflict with the provision of this Ordinance are hereby repealed. SECTION IV. The said Cable Company shall have until March 1, 2003, to file its written acceptance of this Ordinance with the City Clerk, and upon such acceptance being filed, this Ordinance shall be considered as taking effect and being in force April 1, 2003. The Ordinance shall continue in effect and be in force until terminated by the City of the Cable Company as of the end of any year after giving one (1) year's written notice of intention to terminate. EMERGENCY CLAUSE: Whereas there is a great need for revenues in the City of Batesville, Arkansas, to carry on necessary public serviced; and, whereas this Ordinance shall become effective April 1, 2003 in order to provide for such revenues, therefore, an emergency is hereby declared to exist, and this Ordinance being necessary for the immediate protection of the public peace, health and safety, shall take effect immediately upon its passage and approval. PASSED this �� 11 day of 2003 ATTEST: JOE M. Bl RD, MAYOR no. DENISE M. J-OHNST014, CITY CLERK ACCEPTANCE WHEREAS, the City Council of the City of Batesville of Independence County, Arkansas, did on the day of 2003, enact an ordinance entitled.- Ordinance ntitled:Ordinance No. AN ORDINANCE PROVIDING FOR THE CONTINUATION, AT AN INCREASED RATE, THE CURRENT FEE IMPOSED UPON COX COMMUNICATIONS; THAT THE CITY SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 2003, AND FUTURE YEARS FOR THE CABLE COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: and WHEREAS, said Ordinance was on the day of • 2003, duly approved and signed by the Mayor of the City and the seal of said City thereto affixed and attested by the City Clerk: NOW; THEREFORE; in compliance with the terms of said Ordinance so enacted, approved and attested, Cox Communications hereby accepts said Ordinance and files this its written acceptance with the City Clerk of said City in her said office. Dated this day of , 2003. Approved: COX COMMUNICATIONS By General Attorney Name and Title Acceptance filed in the office of the City Clerk of Batesville this day of 2003. City Clerk O