Ord 2100 - Cable Fran Mgmt Fund
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COUNCIL BILL NO. 1448
ORDINANCE NO. 2100
AN ORDINANCE CREATING THE CABLE FRANCHISE MANAGEMENT FUND,
DEDICATING CERTAIN FRANCHISE FEES RECEIVED; AND DECLARING AN
EMERGENCY.
WHEREAS, Ordinance 2093 increased the franchise fee paid by Northland
Cable Television, Inc. from 3% to 5% of "gross revenues"; and
WHEREAS, it is anticipated that the franchise fee paid by any other cable
television franchise that might subsequently be granted would also be 5% of gross
revenues; and
WHEREAS, diligent and proper oversight of cable television services provided
within the City of Woodburn is an important responsibility of the City's government,
including the occasional utilization of professional consulting and accounting services;
and
WHEREAS, the City of Woodburn shares in the responsibility to provide
availability of community cable television access to its residents; NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. There is hereby created a dedicated fund to be known as the "Cable
Franchise Management Fund".
Section 2. Beginning January 1,1993, seven and one-half percent (7-1/2%)
of all cable television franchise fees, upon receipt by the city, shall be deposited into
said "Cable Franchise Management Fund" to accumulate in said fund and/or be
expended, as deemed necessary, for the ongoing monitoring and oversight of the
city's cable television franchise(s), including the utilization of professional technical
consultants or accountants when deemed appropriate.
Section 3. In addition to the deposit required in Section 2 above, beginning
January 1, 1993, twelve and one-half percent (12-1/2%) of all cable television
franchise fees, upon receipt by the city, shall be deposited into the "Cable Franchise
Management Fund" to accumulate in said fund and/or be expended, as deemed
necessary, for the support, operation and maintenance of a community cable
television access program within the City of Woodburn.
Section 4. Any and all fees or payments to be made by any cable television
franchisee, for the benefit of community cable television access, as provided in
Ordinance 2093 or in any future ordinance granting a cable television franchise, shall
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COUNCIL BILL NO. 1448
ORDINANCE NO. 2100
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be deposited into said "Cable Franchise Management Fund" to accumulate in said fund
and/or be expended for the purposes outlined in the ordinance.
Section 5. If and when a bona fide cable television access provider
organization, approved by the Council, is established, the portion of monies remaining
in said "Cable Franchise Management Fund, received pursuant to Sections 3 and 4
above, shall be transferred to the access provider organization, to be administered by
said organization in a manner consistent with applicable ordinances and laws.
Section 6. Following establishment of an access provider organization, the
portion of cable television franchise fees received pursuant to Section 3 above shall
be paid directly to the access provider organization at time of receipt by the City.
Section 7. Following establishment of an access provider organization, fees
and payments made by a cable television franchisee for the purpose of securing the
purchase, repair or replacement of equipment to be used in connection with
Government Use and Public Use Channels shall be paid directly to the access provider
organization at time of receipt by the City.
Section 8. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to form~
APPROVED:
j-21-f- '1 J
Date
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City Attorney
.e'/Y]
KELLEY, MAYOR
Passed by the Council January 25, 1993
Submitted to the Mayor January 27, 1993
Approved by the Mayor January 27, 1993
Filed in the Office of the Recorder January 27, 1993
ATTEST: /f~~ '~~L
Mary Ten nt, City Recor~er
City of Woodburn, Oregon
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COUNCIL BILL NO. 1448
ORDINANCE NO. 2100
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