HomeMy WebLinkAboutOrd 1999-2797ORDINANCE NO. 2797
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 5.52.010 OF THE CHULA VISTA MUNICIPAL CODE
TO CONFORM THE FEES ASSESSABLE TO CABLE
FRANCH1SEES AND OTHER VIDEO PROGRAMMING
PROVIDERS TO THOSE ALLOWED BY STATE AND FEDERAL
LAW
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Section 5.52.010 of the Chula Vista Municipal Code is hereby amended to read
as follows:
5.52.010 Annual paymenls to city required.
All persons engaged in the business of transmitting, by means of the lease of a frequency or
frequencies from the grantee or grantees of community antenna television systems, or by use of a
cable systems, a signal or transmission providing a television picture or other video, audio or data
services to subscribers thereof in the City of Chula Vista for the payment of a fee shall pay the city
annually, in lawful money of the United States, a franchise/right-of-way access fee equal to a
percentage of its gross receipts in an amount determined by the City Council through a negotiated
franchise agreement or by independent City Council action. The current fee shall be set at five
percent of the se~wice provider's gross receipts but may be modified in a negotiated agreement. in
no event shall a fee charged hereunder exceed the maximum fee allowable by applicable federal or
state law. Such fees shall apply regardless of whether a party providing such services(s) has a fixed
place of business within the city. In any case in which a person transmitting a signal providing a
television picture or other service to subscribers thereof is not subject to a local franchise but is, per
applicable laws, subject to in-lieu or other fees payable to the local franchising authority for use of
right-of-way or for other lawful consideration or purpose, said person shall pay to the City annually,
in lawful money of the United States, an in-lieu lye equivalent to the franchise fee in efti~ct under this
section.
SECT1ON II: This ordinance shall take effect and be in full force on the thirtieth day from and after
its second reading and adoption.
Presented by
Approved as to form by
Michael Meacham
Special Projects Manager
M Kaheny ~
rney
Ordinance 2797
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21~' day of September, 1999, by the tBIIowing vote:
AYES: Councihnembers: Davis, Moot, Padilia, Salas and Horton
NAYS: Councihnembers: None
ABSENT: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certil:y that the foregoing
Ordinance No.2797 had its first reading at a regular meeting held on the 14*h day of September~ 1999,
and its second reading and adoption at a regular meeting of said City Council held on the 212' day of
September, 1999.
Executed this 21x' day of September, 1999.
Susan Bigelow, City Clerk