TC Ord. No. 1988-05n
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ORDINANCE NO. 88-5
AN ORDINANCE AMENDING ORDINANCE 83-33 CONCERNING THE
FRANCHISE OF HERITAGE CABLEVISION, INC.
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WHEREAS, the Town of Avon has granted a franchise
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to Heritage Cablevision, Inc., the terms and conditions of
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which are set forth in Ordinance No. 83-33; and
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WHEREAS, Ordinance No. 83-33 establishes a
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franchise fee of three (3) percent of Gross Subscriber
Revenues; and
WHEREAS, if the
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five (5) percent of Gross
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pay the additional amount
Board;
it
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NOW, THEREFORE,
OF THE TOWN OF AVON, COLO
amount of that fee is increased to
Subscriber Revenues, the Town will
to the Vail Community Television
BE IT ORDAINED BY THE TOWN COUNCIL
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1, Amendment. Section 10 of Ordinance Noe 83-33
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j is amended to read as follows:
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I '"Section 10. Payment to Town,
In consideration of the terms of this
Franchise, Grantee agrees to pay and shall pay,
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five percent (50) of its Gross Subscriber
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Should Grantee exercise its renewal option as
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described in Section 8 above, the payment to be
made during the second fifteen _year term shall be
as determined by the Town Council at the time the
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renewal is granted, but if no such determination
is made, or during any holdover period, Grantee
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shall pay to the Town annually, five percent (50)
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of its Gross Subscriber Revenues.
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Because it is understood by the Town that
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Grantee's intention in charging for installation j
and hook-up is simply to recoup its out of pocket
expenses and to provide for the varying needs and
desires of its subscribers, the Town will not
impose any Francise or other fee on the revenue
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derived from those sources.
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All fees and revenue due the Town under this j
Section shall be paid on an estimated basis within
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45 days of the end of each calendar quarter and
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shall be Subscriber Revenues for the entire
calendar year, which shall also be known as the
"operating year". Final and total, complete
payment of this Franchise Fee to the Town shall be
made no later than April 1 of the following year.
Any amounts due, but unpaid as of April 1 of any
given year shall draw interest at the rate of
twelve percent (120) per year."
Section 2. Severability.
If any part, section, subsection, sentence,
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clause or phrase of this Ordinance is for any reason held to
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be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance; and the Town
li Council hereby declares it would have passed this Ordinance,
jl and each part, section, subsection, sentence, clause or
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ii phase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases
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be declared invalid.
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INTRODUCED, PASSED, READ ON FIRST READING, APPROVED AND
ORDERED POSTED ONCE IN FULL, THIS 8th DAY OF MARCH, 1988,
!j AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE
MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO,
II ~ON THE 22nd day of MARCH, 1988, at 7:30 p.m. IN THE
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MUNICIPAL OFFICES OF THE TOWN.
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All n R. of ingham~ Mayor
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ATTEST:
~I Barbara Jose' , Deputy Town Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND
ORDERED POSTED THIS 22nd DAY OF MARCH, 1988.
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Ij Allan Nottin am, Mayor
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ATTE : _
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tricia J. yle, Tow . Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
22ND DAY OF MARCH, 1988, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE 140. 88-5, SERIES
OF 1988:
AN ORDINANCE AMENDING ORDINANCE 83-33 CONCERNING THE FRANCHISE
OF HERITAGE CABLEVISION, INC.
A copy of said Ordinance is attached hereto, and is also on
file at the office of the Town Clerk, and may be inspected
during regular business hours.
Following this hearing the Council may cc
of this Ordinance.
This notice is given and published by ord
of the Town of Avon, Colorado.
Dated this 8th day of March, 1988.
POSTED AT THE FOLLOWING PUBLIC PLACES WIT
AVON ON MARCH 9th , 1988:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE PD QUIK STATION; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN L