HomeMy Public PortalAbout2008-004 1
ORDINANCE NO. 4 -2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO ESTABLISH A FRANCHISE FEE APPLICABLE
TO HOLDERS OF CABLE OR VIDEO FRANCHISES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers, and
WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances to
establish a franchise fee applicable.to holders of cable or video franchises issued by the state of
Georgia by adopting a new Section 62 -2; to designate an agent; to provide for codification; to
repeal conflicting ordinances; to provide for adoption; to provide an effective date; and for other
purposes, and
WHEREAS, the City of Tybee Island has adopted an ordinance relating to a franchise to
U.S. Cable of Coastal Texas LP, and
WHEREAS, the City of Tybee Island shall be notified by the Secretary of State's office
and a cable or video provider of an application for a state issued franchise in the City of Tybee
Island, and
WHEREAS, the City of Tybee Island considers collecting a franchise free from a cable
or video provider utilizing the public's right -of -way as compensation to the public for use of the
rights -of -way and the means of promoting the public health, safety, welfare, and economic
development of the City and to protect public works infrastructure, and
WHEREAS, the City of Tybee Island is authorized pursuant to O.C.G.A. § 36 -76 -1, et.
seq., known as the "Consumer Choice for Television Act" of 2007 to collect a franchise fee of up
to five percent (5 %), the maximum amount established by federal and state law, of each cable or
video provider's gross revenues generated within the City; and
WHEREAS, the City of Tybee Island is authorized to designate an agent to provide
notice of the City's franchise fee rate,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code of Ordinances of the City of Tybee Island is hereby amended to add a
section to be numbered and designed as Section 62 -2 and which shall read as follows:
Section 1
Section 62 -2 Franchise Fee for State Issued Cable or Video Franchise
(a) The City requires a franchise fee of five percent (5 %) of gross revenues generated
within the City for any cable or video state franchise issued in its corporate boundaries by the
state of Georgia.
(b) The City hereby authorizes City Manager, upon receipt of notice to the City of its
right to designate a franchise fee for an applicant for or holder of an existing state franchise, to
provide written notice to the Secretary of State and each applicant for or holder of a state
franchise within a service area that is wholly or partially located within the City limits of the
franchise fee applicable to such applicant or holder of a state license.
Section 2
The preamble to this ordinance is hereby incorporated into this ordinance as if fully set
out herein.
Section 3
Clauses or phrases of this ordinance are severable and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared illegal by the valid judgment or decree of
any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance.
Section 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
This Ordinance shall become effective on day off' 4 .. , , 2008.
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ADOPTED THIS/`' DAY OF .4 2008.
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ATTEST:
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CLERK OF COUNCIL
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ENACTED: 7,0<
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