HomeMy WebLinkAboutS5- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: CATV Franchise Fee Payments
Dept: City Attorney
Date: March 17 , 1993
Synopsis of Previous Council action:
None .
Recommended motion:
Adopt proposed ordinance .
Signature
Contact person: Diane C. Roth Phone: 5355
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262
Agenda Item No.�
CITY OF SAN BERNA- .DINO - REQUEST FC, COUNCIL ACTION
STAFF REPORT
Municipal Code Section 14 . 08 . 110 currently states that
franchise fees shall be paid at the times directed in the
franchises or by resolution of the Council . It has recently been
brought to our attention that not all of the franchise agreements
specify exactly when the franchise fees must be paid.
Therefore, Frank Keller, Cable Television Manager, has
requested that Municipal Code Section 14 . 08 . 110 be amended to
require that the fees be paid by March 31 of the following year
when not otherwise specified in the franchise agreement.
The following amendments to Section 14 . 08 . 110 are therefore
suggested:
B. The pereentage-payments shall be made in the manner, and
r-ese�et-ien of the Ceunell . Franchise fees are to be paid
on or before the 31st dad of March fog the pp eeedinc
calendar year;, unless otherwise directed in the franchise
agreement.
F . In the event that any franchise payment or recomputed
amount is not made on or before the dates specified in
the franchise agreements, or, date is:spe Ott . .n
the franchise agreement on or before March 31 d.f the
subsequent year, grantee shall pay as additional
compensation an interest charge, computed from such due
date, at the annual rate equal to the commercial prime
interest rate in effect upon the due date. "
75-0264
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MUNICIPAL
CODE SECTION 14.08. 110 REGARDING THE TIME FOR PAYMENT OF FRANCHISE
3 FEES.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1 . San Bernardino Municipal Code § 14.08. 110(B) is
6
hereby amended to read as follows:
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"B. Franchise fees are to be paid on or before the 31st day
8
of March for the preceding calendar year, unless
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otherwise directed in the franchise agreement. "
10 SECTION 2. San Bernardino Municipal Code S 14.08. 110( F) is
11 hereby amended to read as follows:
12 "F. In the event that an franchise
y payment or recomputed
13 amount is not made on or before the dates specified in
14 the franchise agreement, or, if no date is specified in
15 the franchise agreement on or before March 31 of the
16 subsequent year, grantee shall pay as additional
17 compensation an interest charge, computed from such due
18 date, at the annual rate equal to the commercial prime
19 interest rate in effect upon the due date. "
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1
j ORDINANCE AMENDING MUNICIPAL CODE SECTION 14.08. 110 REGARDING THE
TIME FOR PAYMENT OF FRANCHISE FEES.
2
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of
5 San Bernardino at a meeting thereof, held on
6 the day of 1993, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 REILLY
lU HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16 City Clerk
17 The foregoing ordinance is hereby approved this day
of 1993.
18
19 W. R. Holcomb, Mayor
20 City of San Bernardino
21 Approved as to
form and legal content:
22 JAMES F. PENMAN,
23 City Attorney
r
24 By:
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City of San Bernardino
Interoffice Memorandum
Telecommunications Division
To: Diane Roth , Deputy City Attorney
From: Frank S . Keller` able Television Manager
Subject : Revisions to Municipal Code
Date: March 10 , 1993
Copies : Shauna Clark, City Administrator
Fred Wilson, Asst . City Administrator
As per our telephone discussion concerning the establishment of
a unified date for the payment of franchise fees , I recommend
that the Municipal Code , Section 14. 08 . 110 be amended to include;
Franchise fees are to be paid on or before the 31st of March
for the preceding calendar year.
The inclusion of this should allow all Franchisees the
opportunity to complete their year end audit , and compute their
payments to the City.
If you have any questions or require any additional information
please feel free to contact me at your convenience.