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HomeMy WebLinkAbout1990-08511/90.1(ORD1)Legal/Vk/TP ORDINANCE N0. 90-8 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 82-7, WHICH PROVIDED FOR THE LICENSING OF CABLE TELEVISION COMPANIES OPERATING IN THE UNINCORPORATED PORTION. OF INDIAN RIVER COUNTY;, PROVIDING FOR AN INCREASE IN THE PERCENT OF GROSS REVENUE LICENSEE SHALL PAY TO COUNTY FROM 3% to 5%; CHANGING THE TIME WHEN THE PAYMENT SHALL BE MADE FROM - ---OA TO 3-0 -0AY-S-;—EXTE-ND NG—THE T-1,ME—THE LICENSE SHALL RUN FROM 20 TO 28 YEARS; AND PROVIDING FOR AN EFFECTIVE DATE, BE IT ORDAINED by Indian River County, acting throuqh its Board of County Commissioners, that: follows: SECTION 1. CHANGE OF PAYMENT TO COUNTY Section 11 of Ordinance No. 82-7, which reads as "Section 11. Payment to County: Use Thereof The licensee shall pay to the County three. (3 percent of gross revenue, as defined in this ordinance, per fiscal period as a license fee for its CATV system, The payments shall be made within ninety (90) days of the close of th l rc-ems-ee s fi-scal peri-od and s -ha l-1 be sL rnI t -ted together with the audit report required by Section 13 of this ordinance," shall be amended to read: "Section 11. Payment to County: Use Thereof The licensee shall pay to the County five percent (5%) of gross revenue as defined in this ordinance or the maximum percentage amount allowed by law as a license fee for its CATV system, after a public hearing. The payments shall be made within thirty (30) days of the close of each quarter." SECTION 2. CHANGE IN TIME PERIOD OF LICENSE Section 3 of Ordinance No. 82-7 shall be changed by increasing the perm sib1e ticeTrse parr-od-rum years, so that the section will read as follows with the new language underlined and, the language to be deleted inter- Iineated: SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 15:51:37 - OfficialDocuments:658, Attachment Id 0, Page 1 "Section 3. License Required Any individual, partnership, corporation or other entity desiring to install and operate any cable television system in the unincorporated area of Indian River County apply—to—the- Board—of- County Commissione i:_____ pursuantt to this -ordinaFlce. The license shalf be for a period of up to twenty -J3-09 twenty-eight_ (28) years and shall be non-exclusive and may contain provisions for renewal . for additional periods. It shall grant the privilege to install, construct, maintain and operate a CAN system of origination, transmission and distribution of electronic signals by cable and associated and similar devices including installation along, under, over, through, across the public rights of way in accordance with the additional requirements of this ordinance throughout the area which is described in the license and for which approval has been received. Any individual, partnership, corporation or other entity desiring to -Instal I and operate Fly cabre television system in the unincorporated areas of Indian River County shall apply to the Board of County Commissioners for a permit,—}ranii_ng--heprivilege to install, construct, maintain and operate, a CAN system of origination, transmission and distribution of electronic signals by cable and associated and similar devices along, under, over, through, across.and upon the public rights of way under the jurisdiction of the County within municipalities located in the County in accordance with such rules and regulations as may be approved by the Board of County Commissioners." SECTION 2. EFFECTIVE DATE This ordinance shall become effective on July 1, SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 15:51:38 - OfficialDocuments:658, Attachment Id 0, Page 2 Approved and a opted by the Board of Commissioners of Indian River County, Florida, on this —1st day of _ May __------, 1990. This ordinance was advertised in the Vero Beach Press Jou"a-1— ort—the 10th—dayAir 1990• for a pub[ is hearing to be held on the 1st — day of —_, ___, 1990, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner __KLUL2r ........ and adopted by the following vote: Chairman Carolyn K. Eggert Absent Vice Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye ry C. Wheeler ;AcknowJedgment by the Department of State of the State of F;torida, this 8th' day of 1990. Effective Date:. Acknowledgment from the Depar men of—smote received on this 11th day of Mcay1990, at 9:30 a:m./p.m. and Ti led in the Office orae Clerk to tfie—Eeard of County Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 15:51:39 - OfficialDocuments:658, Attachment Id 0, Page 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA °;.,. °'' BY_------- ,:At t e's t .; RICHARD N. BIRD Vice_Chairman ;AcknowJedgment by the Department of State of the State of F;torida, this 8th' day of 1990. Effective Date:. Acknowledgment from the Depar men of—smote received on this 11th day of Mcay1990, at 9:30 a:m./p.m. and Ti led in the Office orae Clerk to tfie—Eeard of County Commissioners of Indian River County, Florida. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 15:51:39 - OfficialDocuments:658, Attachment Id 0, Page 3