O-2567-10-06ORDINANCE NO. 2567-10-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, INCREASING THE PUBLIC, EDUCATION, AND
GOVERNMENT ACCESS CHANNEL SUPPORT CHARGE; AUTHORIZING A
SEPARATE PASS-THROUGH FEE TO REFLECT THE PUBLIC, EDUCATION,
AND GOVERNMENT ACCESS CHANNEL SUPPORT CHARGE; PROVIDING FOR
A SEVERABH.ITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Time Warner Cable, as the incumbent cable service provider and Franchisee of the City of
Allen, provides cable television services within the limits of the City of Allen; and,
WHEREAS, the City of Allen authorized, by Ordinance No. 2108-10-02, Time Warner Cable to charge a
$0.35 fee to pass-through to the City of Allen customers for support of the Public, Education, and
Government (PEG) Access Channel; and,
WHEREAS, the PEG Access Support Charge is collected by Time Warner Cable and remitted to the City of
Allen on a quarterly basis along with quarterly franchise payments; 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 increase the PEG
Access Support Charge to $0.50; and,
' WHEREAS, in accordance with Utility Code, Chapter 66, Section 66.006, all holders of a state -issued
certificate of franchise authority shall pay a municipality in which it is offering cable service or video service
the same cash payments on a per subscriber basis as required by the incumbent cable service provider's
franchise agreement; 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
increase the 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. As of November 1, 2006, the City of Allen establishes a PEG Access Support Charge of
$0.50 per cable subscriber per month, w a pass-through fee, to be collected by Time Warner Cable and all
other cable service providers and video service providers that have a state -issued certificate of franchise
authority, to collect and remit to the City of Allen on a quarterly basis as a separate item in the franchise fee
' collections, with the first payment under the revised PEG Access Support Charge to fall during the fourth
quarter being due by Time Warner on February 15, 2007. For all other cable service providers and video
service providers that have a state -issued certificate of franchise authority, the revised PEG Access Support
Charge will be due on a quarterly basis after which the service providers begin airing the PEG channels and
thereafter as provided by Utility Code, Chapter 66, Section 66.006.
SECTION 3. As of November 1, 2006, Time Warner and all other cable service providers and video
' service providers that have a state -issued certificate of franchise authority are hereby authorized to charge a
pass-through fee to cable subscribers in the amount of $0.50 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 1, 2006, 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 10TH DAY OF OCTOBER, 2006.
APPROVED:
lj_)
Stephen Terrell, MAYOR
' APPROVED AS TO FORM: ATTEST:
Peter G. Smith, Cr"ATTORNEY Shelley B. Ge ,CITY SEC ARY
Ordinance No. 2567-10-06, Page 2