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TC Ord. No. 1988-05n u r~ to ORDINANCE NO. 88-5 AN ORDINANCE AMENDING ORDINANCE 83-33 CONCERNING THE FRANCHISE OF HERITAGE CABLEVISION, INC. li WHEREAS, the Town of Avon has granted a franchise . I to Heritage Cablevision, Inc., the terms and conditions of I~ which are set forth in Ordinance No. 83-33; and I! WHEREAS, Ordinance No. 83-33 establishes a i franchise fee of three (3) percent of Gross Subscriber Revenues; and WHEREAS, if the I I five (5) percent of Gross II pay the additional amount Board; it I I 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 RADO 1, Amendment. Section 10 of Ordinance Noe 83-33 li j is amended to read as follows: ~I I I I '"Section 10. Payment to Town, In consideration of the terms of this Franchise, Grantee agrees to pay and shall pay, j five percent (50) of its Gross Subscriber II Revenues, II Should Grantee exercise its renewal option as ~j 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 I I renewal is granted, but if no such determination is made, or during any holdover period, Grantee I -1- ~j li • • shall pay to the Town annually, five percent (50) I I of its Gross Subscriber Revenues. I~ li Because it is understood by the Town that I 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 i derived from those sources. I I All fees and revenue due the Town under this j Section shall be paid on an estimated basis within I i 45 days of the end of each calendar quarter and I 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, I clause or phrase of this Ordinance is for any reason held to I~ 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 it ii phase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases ~I be declared invalid. li -2- 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 I MUNICIPAL OFFICES OF THE TOWN. I QGc All n R. of ingham~ Mayor iI ATTEST: ~I Barbara Jose' , Deputy Town Clerk INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED POSTED THIS 22nd DAY OF MARCH, 1988. I ~ Ij Allan Nottin am, Mayor ii ATTE : _ I I tricia J. yle, Tow . Clerk I' I I~ I' I I ~ I i j I I' I I i i i I I ~ I; I ~i -3- 1Ord2 ,j i li I it I 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) • 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