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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. 2 // ADOPTED THIS/`' DAY OF .4 2008. de ,Z M % ATTEST: ()(2-14) CLERK OF COUNCIL FIRST READING: / fri DF SECOND READING:a P ENACTED: 7,0< G:/EMHITYBEE /ORDINANCES /2008/Franchise Fee Cable -Video 01.07.08 3