Ordinance 83-568ORDINANCE No. s6
AN ORDINANCE OF T E CITY O Lo
AENF.WZNG T MMUNST
PHONE COMPANYI FRANCHISE 0
TIONAL T YEARP
TO SA
DINANCENGP
ROVIDING FOR THE PAY
FEES BASED U E GROSS ANNU
E CAANT£E;PAMENDSNG T
FRANCHISE AGAEEMEN'P~FPROVI
wnERexs, ordinance No. 318, co
its successors and assigns, which has been modified, from trine to
time, by Ordinance Nos. 336 and 462, and
WHEREAS, the cablevisi on franchise, a., amended, termrnates
on February 23, 1983, subject to a renewal clause which will extend
the period of trine for the franchise for an additional ten year
period of trine, and
C)fiEAEAS, the City and the Grantee desire and wish that
this franchise be extended for an additional ten year period of
trine, subject to the modifications to the franchise agreement
herein set forth,
B& IT OADAZNEO BY THE CITY CODNBEL OF THE CITY OF
SECTION 1: That Ordinance No. 316, as amended by
Ordinance Nos. 336 and 462, being the Longwood Conmiunity An
expiration, Febrvary 23, 1983, until February 23, 1993.
N 2: That the attached Exhibit "A repzesenti ng
the agreement between the City and the Franchise Grantee, modify-
SECTION 3: All ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
~~
N 4' This ordinance shall become of £ec rive im-
med iately npo its passage and adop~.t i/on. ` _~
PASED AND ADOPa this /T=~ day of lR~h y 9~
x/ errs
secoxDAxaAnlNC: ~r~~ i i9F,j
r.~
of to city or ao~ywooa,.
i riaa
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City Clerk
1
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1
""~ T ~ Acxeewe.NT is mane ana enterea into enia /N?Yaay
of //[.fin... 1983, by and between mHC CITY O£
LONGWOOD, FLORIDA, AND ORANGE/s HxNOLE CABLCVisi , divi stun
of Amerman Te leviaion ana commwroacxona corporacion.
wxcxEAS, oxANCE/ssnlNOI,E cAeLSVlsloN, a aiwision of
ATSC CORPORATION, is the present holder of non-exclusive franchise
£or the provision of cable TV service for the citizens of Longwood,
Florida, as set forth in Ordinance No. 316, as modified by
Oxdinan ces No. 336 and Ordinance No. 462, and
WHEREAS said franchise provides £or the extension of [he
term of the fran cn ire For an additional ten year period of time
from February 23, 1983, to February 23, 1993, upon reasonable terms
agreed tc by the parties, and
WHEREAS the Parties are each willing to continue and
extend the Franchise agreement for the addiitonal ten years based
upon agreed modifications of the franchise, as hereinafter set
forth:
In consideration of the mutual promises hereinafter
made, the parties hereby agree.
1. Section 2, subsection £, is hereby deleted and the
following is substituted:
f. Gross Receipts
(1) G eipts shall m all of the
£o llowin9 that is collected by the
a. Any and all 9 subscriber compensa-
and all other gross subscribe=
consideration in any form whatsoever.
b. Rny g eip is whatsoever r
by Grantee eeithex directly o indirectly,
from any person for the u of the G
cable, regardless if saidsu ,
£o.r the t ss ion of to levvsron and/orot
radio signalsmi
1. The i t herein i o guarantee
ity that all business t
voivi ny the u of the C,
cable a subject t a franchise fee
as set forth in this franchise ordinance.
Agreement Modifying Franchise
Page 2
(2) G ss eipts shall no nclude any t
pothers s furnishedlby the G '
imposed directly o any subs criberrbytany
i ty, s other governmental organiza-
what„ o collected by the Grantee for
su ih governmental organizations.
Section 29, subsection a (payment to the City), is
amended to read as Follows:
a. o be oaid t the Ci tY~
1. The G shall pay t the City three (3)
percentnoP i s gross r eipts as defined
herein, payment to be m the manner
described in subsectioebe, below.
3. Se ctron 29, subsection b, is hereby deleted and the
following is substituted:
b. of payment to the City: ~
1. Payment to the City shall be monthly for the
preceding m nth's f nchise f the s
day of each and e nth, the first Payment
to be made on or before 7'KKb.,~, / 1983.
2. Grantee she 11 calculate the a of i
e ipts from the preceding fiscal yea rtandrshall
the C v for the following twelve m nths
tequa 1. t welfth of the f nchise Fee
due o ut hose x eiptsefrom the previous fiscal year.
ithin n ety (90) days o the e of t e fiscal
year torrwhi ch e ted paymentsda made a ual
ing of grossmr eipts will bear red and
the franchise will r mi t, at the s any
additional franchiseefees which a emduelmo will
bill the City foe any overpayment of fees which may
have occurred.
3. ety 190) days o the t of this '~
franchisenagreement, the G eshalltp repare a
ing of the a ua1 r eip[s for the preceding '
periods of e matedtpaymen<s and will either r
the City the e s due the c the r sultit
of i sed r eip ts, or bill the City for the
e rpayment brought about as the zes ult of decreased
receipts.
irv WITNESS HE REOP, the undersigned parties have set them
hands and seals the day and year first above stated.
THE CITY OF FLOAI DA ORANGE/SEI9INtJLE.CABLEVI SIGN
E ON dJ//"-G- A division of.T
a Television and Commuhicati ons
Corporation
AT T:~~ 1
c.rtr clerx t7