R-10316City Council Meeting 6-24-08
Santa Monica, California
RESOLUTION NO.iosis(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING FRANCHISE FEES FOR HOLDERS OF STATE
VIDEO SERVICE FRANCHISES
WHEREAS, in 2006 the State of California passed the Digital Infrastructure and
Video Competition Act (DIVCA); and
WHEREAS, under DIVCA the state allowed cable and video service providers to
receive state issued franchises to operate within the state, including within the City of
Santa Monica; and
WHEREAS, under DIVCA any holder of a state issued franchise is obligated to
pay a city a franchise fee equal to five percent of gross revenues as defined in DIVCA,
unless a city sets a lower the franchise fee; and,
WHEREAS, prior to DIVCA cable and video service providers operating within
the City were required to obtain a franchise from the City; and
WHEREAS, the City required prior holders of City issued cable and video
franchises to pay the City a franchise fee of three percent; and
WHEREAS, under DIVCA holders of a state franchise no longer need to obtain a
City issued franchise to operate with the City of Santa Monica; and
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WHEREAS, in 2007 the City Council adopted a local State Video Service
Franchise ordinance, Santa Monica Municipal Code sections 6.109.010. et seq.; and
WHEREAS, in .accordance with the City's State Video Service Franchise .
ordinance holders of state issued franchises are obligated to pay the City a franchise
fee of five percent as provided for in DIVCA, unless the City Council by resolution
adopts a lower franchise fee; and
WHEREAS, in accordance with the City's State Video Service Franchise
ordinance the City Council wishes to establish a State Franchise Holder franchise fee of
three percent,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. In accordance with section 6.109.030 of the Santa Monica
Municipal Code (SMMC), any State Franchise Holder as defined in-SMMC section
6.109.020 shall pay the City a State Franchise Holder fee equal to three percent of
gross revenues as defined in SMMC Chapter 6.109 and applicable law.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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Adopted and approved this 24th day of June, 2008.
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Ma r Pro Tem Bloom
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify
that the foregoing Resolution No. 10316 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 24th day of June, 2008, by the
following vote:
Ayes: Council members: Censer, Holbrook, McKeown, O'Connor
Mayor Pro Tem Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
Mayor Katz
ATTEST:
Maria M. Stewa ,City Clerk