HomeMy Public PortalAboutResolution No. 265-06 05-09-2006 • RESOLUTION N0.265-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS, ELECTING TO RECEIVE THE PER
SUBSCRIBER FEES PAID TO THE CITY UNDER THE EXPIRED
CABLE FRANCHISE AGREEMENT WITH MARCUS CABLE
ASSOCIATES, LLC D/B/A/ CHARTER COMMUNICATIONS IN
LIEU OF IN-KIND CONTRIBUTIONS AND GRANTS.
WHEREAS, Marcus Cable Associates, L.L.C. d/b/a Charter Communications
("Charter") currently operates a cable franchise television system pursuant to a franchise
granted by the City of Council of the City of Richland Hills, on May 7, 1979, by
Ordinance No. 420 and extend by Ordinance No. 666 adopted on September 14, 1984,
Ordinance No. 985-04 adopted on June 22, 2004 and by Ordinance No. 1000-04 adopted
on December 14, 2004 (collectively, "franchise agreement"):
WHEREAS, the franchise agreement between the City and Charter has expired;
and
WHEREAS, on February 17, 2006, Charter was granted a certificate of franchise
authority from the Public Utility Commission of Texas for the provision of cable services
within the City of Richland Hills; and
• WHEREAS, Section 66.005 of the Public Utility and Regulatory Act requires the
holder of a certificate of franchise authority to pay a franchise fee of five percent of gross
revenues; and
WHEREAS, Section 66.006(b) of the Public Utility and Regulatory Action
grants municipalities the authority to elect to receive one percent of a cable service
provider's gross revenues in lieu of in-kind contributions or the per subscriber fee that
was paid to it under the expired incumbent cable service provider's agreement; and
WHEREAS, the holder of astate-issued certificate is entitled to recover any fee
imposed by the state and paid to the municipality from the cable service provider's
agreement; and
WHEREAS, the City does not wish to further burden its citizens who are also the
cable service provider's customers;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF RICHLAND HILLS, TEXAS:
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• SECTION I.
1. In lieu of in-kind contributions and grants, the City Council elects
to receive the same payment on aper-scriber basis as required by
Charter's expired franchise agreement.
2. The City Council acknowledges that Charter did not pay aper-
subscriber fee to the City under the expired franchise agreement.
Charter shall not collect from subscribers in the City of Richland
Hills, and shall not be required to remit to the City of Richland
Hills, and additional in-kind compensation or grants pursuant to
the Section 66.006(b) of the Public Utility and Regulatory Act.
3. The City Manager shall send a certified copy of this resolution to
the Company.
4. This Resolution takes affect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY OF RICHLAND HILLS CITY COUNCIL
THIS 9TH DAY OF MAY 2006.
• Cit of Richland Hills
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By. Honorable Nelda S. Stroder
' • • ~ ' Mayor
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Sutter, TRMC
>ty Secretary
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