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HomeMy WebLinkAbout4525-11/13/2001_ INDEX it C(xAWK COUNTY,IOWA:ss FEE BOOK# 2002 293,i2 PROOW FILED FOR RECORD MAY 1 2002 ,AT 11:30 A.M. FEE 1-10.00/ COMPARED A BLACK HAWK COUNTY RECORDER CITY OF WATERLOO ATTN: NANCY ECKERT This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4525 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTION G, ACCESS EQUIPMENT AND FACILITIES, OF SECTION 3-7-6, SERVICE PROVISIONS, OF CHAPTER 7 , CABLE TV FRANCHISE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION G, ACCESS EQUIPMENT AND FACILITIES, OF SECTION 3-7-6, SERVICE PROVISIONS, OF CHAPTER 7, CABLE TV FRANCHISE REGULATIONS, OF THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA; That Subsection G, Access Equipment and Facilities, of Section 3-7-6, Service Provisions, of Chapter 7 , Cable TV Franchise Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection G, Access Equipment and Facilities, of Section 3-7-6 , Service Provisions, of Chapter 7, Cable TV Franchise Regulations, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : 3-7-6 : SERVICE PROVISIONS : G. Access Equipment and Facilities : After: 1) the approval of the franchising authority to the inclusion of the capital contribution on subscriber' s bills, including any required approval pursuant to 47 CFR Section 76 . 933 ; 2) notice to grantee' s subscribers of the inclusion; and 3) the commencement of collection of the capital contribution by grantee from its subscribers, grantee shall provide ongoing capital support for public, educational and governmental access equipment, facilities and operations in the amount of thirty- five cents ($0 . 35) per subscriber per month for the entire term of this franchise payable in the same manner as franchise fee payments pursuant to subsection 3-7-10A of this chapter. Payments of this ongoing capital support shall not be deemed to be "franchise fees" within the meaning of section 622 of the Cable Act (47 USC Section 542) , and such payment shall not be deemed to be : 1) "payments-in-kind" or any involuntary payments chargeable against the compensation to be paid to the city by grantee pursuant to section 3-7-10 of this chapter; or 2) part of the compensation to be paid to the city by grantee pursuant to section 3-7-10 of this chapter. INTRODUCED: November 13 , 2001 PASSED 1st CONSIDERATION: November 13 , 2001 PASSED 2nd CONSIDERATION: November 13 , 2001 PASSED 3rd CONSIDERATION: November 13 , 2001 rv-J,L uP4Gt517 Ordinance No. 4525 Page 2 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of November, 2001, and approved by the Mayor on the 15th day of November, 2001 . • John R. Roo Mayor ATTEST: Nancy Eck t, City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4525, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of November, 2001 . Witness my hand and seal of office this 15th day of November, 2001 . 4 ,xysE' " T• Nancy Ec rt, City Clerk SEAL /. • r.Y ,7,,f1.2/1 6 pAct 51.8