89-F-29 Revise Franchise Fees
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ORDINANCE NO. g'9-F- d'7
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING SECTION 8 (b) & (c) OF
ORDINANCE NO. 78-F-15 TO REVISE THE FRANCHISE
FEE PAID BY KBLCOM INC. FROM THREE PERCENT
(3%) TO FIVE PERCENT (5%)
WHEREAS, the original franchise fee was established in
September of 1978 and has never been revised; and
WHEREAS, the City of Schertz has the authority to
increase the franchise fee to a maximum of 5% as compensation for
the use of the streets and other public facilities of the City.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I.
THAT Section 8, paragraphs band c of Ordinance No.
78-F-15 are changed to read as follows:
"b. As compensation for the use of the streets and
other public facilities of the FRANCHISOR in the
construction, operation and maintenance of the
Cable Television system and for the FRANCHISOR'S
superVlSlon and administration thereof, the
FRANCHISEE shall pay to the City, quarterly, an
amount equal to five percent (5%) of the quarterly
gross revenues for service within the FRANCHISEE'S
franchise area received by it during the preceed-
ing three (3) months.
c. In the event that it is determined that the FCC
lacks the jurisdiction to impose the five percent
(5%) limitation of franchise fees, or that the
limit is raised, then the franchise fee shall be
subject to renegotiation."
SECTION II.
THAT all other provisions of Ordinance No. 78-F-15
remain in force and unchanged.
SECTION III.
THAT this ordinance shall be effective in the first day
of January, 1990.
Approved on first reading the ~1~day of CJr~
, 1989.
PASSED, APPROVED AND ADOPTED this the
1989.
1'7 day of O~
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