HomeMy WebLinkAboutResolution No. 06-11 Charter Cable In-Kind Compensation
RESOLUTION NO. 06-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS, ELECTING TO RECEIVE THE
PER SUBSCRIBER FEES PAID TO THE CITY UNDER THE
EXPIRED CABLE FRANCHISE AGREEMENT WITH MARCUS
CABLE ASSOCIATES, L.L.c. DIB/ A CHARTER
COMMUNICATIONS IN LIEU OF IN-KIND COMPENSATION
AND GRANTS.
WHEREAS, Marcus Cable Associates, L.L.C. d/b/a Charter Communications
("Charter") currently operates a cable franchise television system pursuant to a franchise
granted by the City Council of the City of University Park, Texas, on March 15, 1995 by
Ordinance No. 95/11 and extended by Ordinance No. 05/07 adopted on March 1, 2005
(collectively, "franchise agreement"); and
and
WHEREAS, said franchise agreement between the City and Charter has expired;
WHEREAS, on February 17,2006, Charter was granted a certificate of franchise
authority from the Public Utility Commission of Texas for the provision of cable services
within the City of University Park; and
WHEREAS, Section 66.005 ofthe Public Utility and Regulatory Act requires the
holder of a certificate of franchise authority to pay a franchise fee of five percent of gross
revenues, as defined by state law; and
WHEREAS, Section 66.006(b) of the Public Utility and Regulatory Act grants
municipalities the authority to elect to receive one percent of a cable service provider's
gross revenues in lieu of in-kind contributions or the per subscriber fee that was paid to it
under the expired incumbent cable service provider's agreement; and
WHEREAS, the holder of a state-issued certificate is entitled to recover any fee
imposed by the state and paid to the municipality from the cable service provider's
customers; and
WHEREAS, the City does not wish to enact a new fee on residents who are
Charter customers;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF UNIVERSITY PARK, TEXAS:
1. In lieu of in-kind contributions and grants, the City Council elects to
receive the same payment on a per-subscriber basis as required by Charter's expired
franchise agreement.
2. The City Council acknowledges that Charter did not pay a per-subscriber
fee to the City under the expired franchise agreement.
3. The City Council does not require Charter to collect from subscribers in
the City of University Park any additional in-kind compensation or grants beyond the 5%
franchise fee required by state law.
4. Charter shall not be required to remit to the City of University Park, any
additional in-kind compensation or grants beyond the 5% franchise fee pursuant to
Section 66.006(b) of the Public Utility and Regulatory Act.
5.
Company.
The City Manager shall send a certified copy of this Resolution to the
6.
This Resolution takes affect immediately upon its adoption.
ADOPTED THIS 20th DAY OF June, 2006.
CITY OF UNIVERSITY PARK
By:
ATTEST: