O-2108-10-02ORDINANCE NO. 2108-10-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING A PUBLIC, EDUCATION, AND
GOVERNMENT ACCESS CHANNEL SUPPORT CHARGE; AUTHORIZING A
SEPARATE PASS-THROUGH FEE TO REFLECT THE PUBLIC, EDUCATION,
AND GOVERNMENTAL ACCESS CHANNEL SUPPORT CHARGE; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AT&T Broadband, as Franchisee of the City of Allen, provides cable television services within
the limits of the City of Allen; and,
WHEREAS, the City of Allen, by ordinance, is authorized to establish a designated fee charged by AT&T
Broadband and passed -through to the City of Allen for support of the Public, Education, and Government
(PEG) Access Channel; and,
WHEREAS, in order to continue to provide quality local government access programming and other cable
services to the citizens of Allen, the Allen City Council has determined it is necessary to implement a PEG
Access Support Charge and to approve a separate pass-through charge to cable subscribers to be collected by
AT&T Broadband and remitted to the City of Allen on a quarterly basis along with quarterly franchise
payments; and,
' WHEREAS, in accordance with Section 15 (c) of the cable franchise agreement requires that such pass
through fee does not constitute a franchise fee and shall not be included in the gross revenue calculations for
franchise fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen, in accordance with Section 15 (c) of the cable franchise agreement, can
implement a PEG Access Support Charge designated for the City of Allen's Government Access Channel to
allow the development and continuation of providing local government access programming to the citizens of
Allen.
SECTION 2. The City of Allen establishes a PEG Access Support Charge of $0.35 per cable subscriber
per month, as a pass-through fee, to be collected by AT&T Broadband and remitted to the City of Allen on a
quarterly basis as a separate item in the franchise fee collections.
SECTION 3. AT&T is hereby authorized to charge a pass through fee to cable subscribers by the amount
of $0.35 to reflect the PEG Access Pass -Through Fee provided for hereinabove.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance, which shall remain in full force and effect.
' SECTION 5. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall take effect on November 24, 2002, and it is accordingly so ordained.
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22"a DAY OF OCTOBER, 2002.
L
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
G. Smith, MY ATTORNEY Judf Mor n, CMC/MMCA, CITY SECRETARY
Ordinance No. 2108-10-02, Page 2