Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

ORDINANCE

NO.





AN ORDINANCE BY THE CITY OF COLUMBUS TO AMEND THE CODE OF ORDINANCES OF THE

CITY OF COLUMBUS, GEORGIA TO ESTABLISH A FRANCHISE FEE APPLICABLE TO HOLDERS OF

CABLE OR VIDEO FRANCHISES ISSUED BY THE STATE OF GEORGIA BY ADOPTING AN

AMENDMENT TO SECTION 12, ?FRANCHISES?; TO DESIGNATE AN AGENT; TO PROVIDE FOR

CODIFICATION; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO

PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.



WHEREAS, the City of Columbus 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;



WHEREAS, the City of Columbus currently collects a franchise fee from any

current cable or video providers;



WHEREAS, the City of Columbus considers collecting a franchise fee from a cable

or video provider utilizing the public rights of way as compensation to the

public for the use of the rights of way and a means of promoting the public

health, safety, welfare and economic development of the City of Columbus and to

protect public works infrastructure;



WHEREAS, the City of Columbus 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 5%, the maximum amount established by federal and state

law, of each cable or video provider?s gross revenues generated within the

city;



WHEREAS, the City of Columbus is authorized to designate an agent to provide

notice of the city?s franchise fee rate;



NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:



SECTION 1.



The Code of the City of Columbus is hereby amended by amending Section 12

?Franchises? which said section reads as follows:



?Section 12. Franchise fee for state issued cable or video franchise. The city

hereby requires a franchise fee of 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.?



SECTION 2.



The city hereby authorizes the 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 5% franchise

fee rate applicable to such applicant or holder of a state franchise.?



SECTION 3.



The preamble to this ordinance is hereby incorporated into this ordinance as if

set out fully herein.



SECTION 4.



The sections, paragraphs, sentences, 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 5.



All ordinances and parts of ordinances in conflict herewith are hereby

expressly repealed.



-----------------



Introduced at a regular meeting of the Council of Columbus, Georgia held on the

15th day of January, 2008, introduced a second time at a regular meeting of

said Council held on the _____ day of ___________, 2008, and adopted at said

meeting by the affirmative vote of ________ members of said Council.





Councilor Allen voting____________.

Councilor Anthony voting__________.

Councilor Baker voting____________.

Councilor Barnes voting___________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Hunter voting___________.

Councilor McDaniel voting_________.

Councilor Pugh voting_____________.

Councilor Woodson voting__________.





______________________________ ______________________________

TINY B. WASHINGTON JIM WETHERINGTON

CLERK MAYOR























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