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
Attachments
No attachments for this document.