April 10, 2000 Ordinance Book 50, Page 125

ORDINANCE NUMBER: 1498-X

AN ORDINANCE TO AMEND ORlXNANCE F&IMBER 13 13-X, THE 1999-2000 BUDGET ORDMANCE, PROVIDING AN APPROPRIATION FOR FAA GRANT FUNDS

BE IT ORDAlNFD, by the City Council of the City of Charlotte:

Section 1. That the sum of $31 1,343 is hereby estimated to be available from FAA Grants to fund a portion of Aiqport Master Plan and FAR Part 1% Noise Compatibility Program projects.

Section 2. That the Sum of 3 13,343 is b e b y appropriated the Aviation Construction Fund and Capital Project Fund as follows:

2077. 56212, $44,371 2083, 52813, $43.775 2083, 52812, $25,172 2083, 52814, $198,025

Section 3. That the exist- of this program may extend beyond the end of the fiscal year. Therefore, this ordinance wiIl remain in affect for the duration of the p m g m and funds are to be cauied forward to subsequent fiscal years until al l funds are expended.

Section 4. It is the inten! of this o r d i m e to be effective upon ita adoption.

Approved as to form: A'

Aprql 10, 2000 Ordinance Book 50, Page 126

ORDINANCE NUMBER: 1499-X

AN ORDINANCE TO AMEND ORDINANCE NUMBER 1313-X, THE 1999-2000 BUDGET ORDINANCE, PROVIDING A SUPPLEMENTAL APPROPRIATION TO THE ALBEMARLEI VVT HARRIS INTERSECTION RECONSTRUCTION CAPITAL PROJECT.

- BE IT ORDAINED, by the City Council of the City of Charlotte;

Section I. That the sum of $1,000,000 is hereby estimated to be available from Street Bonds.

Section 2. That the sum of $1,000,000 is hereby appropriated to General Capital Improvement Fund 2010; 385.01 - AlbemarleNVT Harris Intersection.

Section 3. All ordinances in conflict with this ordinance are hereby repealed.

Section 4. This ordinance shall be effective immediately.

Amroved as to Form:

I, Brenda R Fmm. City Clerk of tbc City of Chat1ot@North Ciituh,DO IIEREBY CERTIFY thatthe foregoing is a ~. - &IC and oxact copy of an ckdhmcc sdopted by tho C i Council of tho City of Charlotte, North Carolina, in ngular sessimconvenedmtbc~dayof~,2000,thonfennctbaviagbecnmsdeinMiwteBodc ~ d m o f d d

WKNBSS my had a d the conporate s d of the CiPy of C a a r h , North Cmliaa, this t h e m d a y of &&, 2000.

April 10. 2000 Ordinance Book 50, Page 127

ORDINANCE NUMBER: 150d

AMENDNO CHAPTER 6

ORDINANCE AMEM)I;NG CHAPTER 6 OF THF, CHkaLOTTE CITY CODE ENTITLED 'BUSINEtBES AND TRADES"

Section 1. Sec. 6-60 ofthe Charlotte City Code is rewritten to read as follows:

Sec. 6-60. Franchise fees; Access support and funding.

(a) Franchise fees

(1) A gmltee of any franchise hereunder shall pay to the City aa annual Franchise Fee in an m u m t as designated in the fraachise agxement. The q-ly franchise payment shall commence as of the effective date of the franchise. The City shall be iiu&bd a statement of said payment by a certified public accountant, reflecting the total amounts of annual gross revenues and the above charges and computations for the period coverdd by the payment.

(2) This payment shall be in addition to any othher tax or payment owed to the City or other taxing jurisdiction by the grantee.

(3) No acceptance of my payment by the City &dl be construed as a release or as an accord and satisfaction of any claim the City may have fat further or additional sums payable as a franchise fee under this article.

(4) In the event that any undisputed hncllise payment is not made on or before the dates spwifkd herein, the grantee .&dl pay an internst charge. computed from such due date, at the annual rate equal to the ammtweial prime interest rate in a c t upon the due date.

(5) The Franchise Fee and any other cost or damages assessed shall be payabfe quarterly to the Cify Finance Office, with a check made payable to the City of Charlotte. Payment date is the last day of the month following the date in which payment is due.

(6) The City shall have the right upon reasonable notice to inspect the grantee's income records and the right at the City's expense to audit and to re-compute any amounts determined to be payable under this article. Any undisputed additional amount due to the City as a result of the audit shall be paid within thirty (30) days following written notice to the grantee by the City, which notice shall include a copy of the audit report; provided,

(ORDINANCE AMENDING CHP 8- CABLE REGULAnON5- WQ4BotW)

Apri 1 10, 2000 Ordinance Book 50, page 128

that the grantee shall not be required to pay an interest charge in mcordmce with subsection (4) herein in such an eveat."

(b) Access support.

The Grantee shall provide funding for the support of Access programming as per the terms of its City of Charlotte cable television kchise agreement.

Sectior~2. This ordinance shall becomeeffective upan adoption.

AppFwed as to Form:

CERTIFICATION

- I, Brenda R Fmzq City Clerk of the City of CbrbUe, North Carolina, DO HEREBY CERTIFY that the foregoing is a trueandexootcopyofan onhawe adopted by the City Council ofthe City of Cbariotte, North Carolina, in regular sessimoon~mthc~dayof~,20M),thenf~~banma&inMirmteBwk JK, andrecorded in fullin Ordlneaee Book 50. P&a) 127-128 .

WITNESS my band and the onporatc seal oftbe City of Charlotte. North Caroliaq tbiu the -day of 2000.

A p r i l 10, 2000 Ordfnance Book 50, Page 129

FIRST READING

AN ORDINANCE AMENDING SECTION 15 OF THE TIME W-R ENTERTAINMENT - ADVANCEMEWHOUSE COMPANY, LS. (FORMERLY DOmG BUSINESS AS VISION CABLE OF NC) CABLE TELEVISION EaANCrnE AGREEME2-a.

WEDEBEAS, pursuant to authadty contained UI Chapter 160A of the North Carolina General Statutes, in June 1991, the City of Charlotte ChereinaRer "City") and Vision Cable of North Carolina, Inc. entered into a mittep Franchise Agreement (hereinafrer "Agreement") which authorized Vision Cable of Charlotte to operate a cable television system with t h ~ City; and

WHEXEAS, T i e Wamer Entertainment - Advance/Newhouse Coxqany (hereinafter "Cable Operator") as the 3uccessor to Vision Cable of North Carolina is party ta the Agreement; and

WHEREAS, the City and the Cable Operator have entered into negotiations and agreed to amend cerfain specific tams of the Agreement.

NOW THEWORE, it is agreed between the &es that the above-referenced Franchise Agreement is to be amended as foUows:

Section 1 Section 15 of the Agrement is rewritten to read, in its entirety, a~ follows:

"Gtwltee's annual codn'bution to the City of Charlotte for Public Access Support sWl be provided pwzswt to the following terms 4 conditions:

1. k t e e ' s Public bppn mntribution shell be $0.20 per City of Chw10tte subseriier per month, which shall be paid in quarPufy papmtsI with the quarterly payments due the last day of the month immdiately folla- the e@.l of e+xb Ipmtter 6e.g. Access Suppart fees fw the qmturly period beginning July 1 and ending September 30 shall be made no latex than the 31st day ofthe following October).

T k &antee shlP eu one-time reduction in each City of Charlotte subscriber's Basic Sesvioe Tiet billing rate by S.28 per month and, at the same time, the Grantee may add a $.20 per month Access Suppart Fee as a separate line item on each City of Charlotte cable television subscribex's bill.

2. The Aacess Support payment shall be payable quarterly to the Charlotte Mecklenburg Public Access Cosporation (CMPAC). A copy of the quarterly

(TWC -VISION CABLE PWUC ACCESS ,4M&AQM&MS - Oya4t208D)

Aprtl 10, 2000 Ordinance Book 50, Page 130

check shall be k m d e d to the City's Offioe of Cable TV & Contracts Mo~&oring for record parposes d y .

3. Effective Jan- 1,2002 and each gear themafter, the pet subscrik Access Support charges shaM be adjusted per changes in the Revised Consumex Price Index (Atlanta, Georgia, "All Items" Column at3 published by the Bureau of Vita! Statistics of the U.S. Depmtment of Labor).

- 4. Upan annexation, Grmtee wees to add thh A&ss Support contribution for

each amexed subscriber as of the effective date of the annexation.

5. The Grl;mte agrea8 to include the Access Support contribution per subscriber for all line extensions by the Gmtee into areas within the Ciq previously not d c e d by the Grantee,

6. The CMPAC sMI be furnished a mtern-ent of said Access Support payments by the @antbe's l d office's acwmkmt, reflecting the total amount collated and campdons for the period covered by the pyment. A copy of thls qtmtexty statement skiall ;be forwarded to the City's aftice of Cable TV & Conwacts Mdtoring for record purposes only.

7. This Aecess Support payment shall be in addition to any other tax or payment of g m d applicability owed to the City or other taxing jwisdictiioa by the Granree.

8. No meptance of any Access Suppart payment br the CEAPAC shall be catrued m a release or as an accord and satisfaction that the Aecess Support payment is correct.

9. In the event that any undisputed Access Support payment is not made on or before the dates specihed herein, the aXantee shU pay an h e s t charge, computed From such due date, at an annual rate equal to the commercial w e intaest rate in effect upon the due date.

10. The City sMl have the right upon rewomble notice to inspect the <Jrantee1s subsoriber count words, as they pertam to enforcing these Acms S w r t requirements, and the right at the City's expense to audit and to re-compute any amounts determined to be payable under this article.

11. Any undisputed a d d i t i d amount due to the City or W A C as a result of the mdit shall be paid within thirty (30) days fobwing d e n notice to the Grantee by the City, which notice slzall include a copy of the audit report; provided, that the GEantee shall not be requircd to pay an interest b g e in accordance with mbsection 9 herein in such an event.

Apri 1 10, 2000 Ordinance Book 50. Page 131

12. Should the City, at a fume date, deternine that h d k g to the City far Aocess Support h to cease, the Grantee will, m o f f thetlktive dace of such action, immediately cease charging the Access Support Fee on City of Charlotte cable television subscribers' biUs, and will not then, ner i~ the future, add this charge in any odKr manner to sueh billins, unless so directed by the City.

13. Grantee's obli&ims hereunder supersede all of Gzante's obligation, monetary and etherwise, under its existing franchise agreement pertaining to Public Access facilities, equipment, productiom, stafftn6S, etc,

14. The City aBees that the funding obligations imposed on Franchisee mder this Section 18 shall be applied under subsm&lly quivalmt terns t~ all video programmers over which the City has j u ~ c t i o n . "

Seetion 2. This Otckmme shall aot becam effective w l e s (a) the Cable Operator and the CMPAC Wly execute a Public Ac*ess Equipmat Lease Agreement, which Agreement must be approved by the CiQ Mawget; and (h) the C&y Manager md the Charlotte-Mecklmburg Public Awe= Corpodoa l l l y execute Initial Public Access Funding Agreement. Ln the event that &e two agpemeats r e f b r d in this Section are not fully executed by June 30,2000, this Ordinance &dl be void.

- Sectian 3. This Otdinmce s M not become &ective ua$il the h t day of the month beginning at least sixty (60) days after the CMPAC gives the Cable Operator and the City Manager written notice of intent to vacate the Cable Operator's public access facilities, or November 1,2ClOO, which ever occurs earlier.

(W -VISION CABLE PUWC ACCEFJS AMEND-TS - WOS?&W)

Apri 1 10, 2000 Ordinance Book 50, Page 132

APPROVED AS TO FORM:

ATTESW TO:

CITY CiEEU(

gWuBieipa1 Seal)

TIhrIEWARNER ENTERTAlNMWT - ADVANCE/ NEWNOUSE, Patmrship

A p r i l 10, 2000 Ordinance Book 50, page 133

ORDINANCE NUMBER: 1502-X

F I R S T R E A D I N G

AN ORDINANCE AMENDING SECTIONS 16, 17, 8 18 OF THE TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE COMPANY, L.P. fF0RMERI.Y DOING BUSINESS AS CABLEVISION OF CHARLOTTE) CABLE

WHEREAS, pursuant to authority contained in Chapter 160A of the North C a r o h General Statutes, in February 1988, the City of Charlotte (hereinafter "City'*) and Cablevision of Charlotte entered inCo a written Franchise Agreement (hereinafter ''Agreement") which authorized Cablevision of Charlotte to operate a cable television system with the City; and

WHEREAS, T i e Warner Entertainment - AdvanceNewhouse Company (hereinafter "Cable Operator") as the successor to Cablevision of U~arlotte is party to the +ement; and

WEIEREAS, the City and the Cable Operator have entered into negotiations and agreed to mend oertain specific term ofthe Agreement.

NOW THEREFORE, it is agreed between the parties that the abovereferenced Franchim Ageement is to be amended as fallows:

Section 1. Section 16 of the Agreement is deleted in its entirety.

Section 2. Section 17 of the Agmmnt is rewritten to read as follows:

"By w later than N~uember 1, 2000, the Grantee shall provide the Charlotte- M h b u r g Public Aecescl Copmatien (CPAC) with a check in tbe .amount of 5 $23W.00 .to corer the remaining fitading ftom the o r i ~ P W c Aceesis - E q u i p n t Orant pu&md1@1,ment visions of the 19.88 F d Agreement. A copy of this cheek shall be fammded to the City's Office ofCs1bIe TV & Contracts Monitwbg for rewzd ppses only. This funding SW o o ~ t u t e the closeput af a13 origin& Public Access Equipeat Grant Wing ubhgations of the Grantee under the 1988 Franchise Agreenlent."

(MYC - CABLEV/SION PWBLIC ACCESS AbfEMWENTS - ~~

April 10, 2000 Ordinance Book 50, Page 134

"Gmtee's annual cantributioa to the City of CBark,#e fer Public Access Support sMl be provided pursuant to tEre following terms and conditions:

1. @antee's PubIic &mess SuppM con~i.butbn be $0.20 per City of &trlottc! &s&hes prnionth, which sffall b,paid in w e t l y payments, with the paderlp payman% due the la& day sf the mimthth Imme&ately fallowiilg the end of wch_gwter. (e.8. .A6e(?ss Bupport fses for the quarterly period beginning July 1 and endingSeptdet 30 shall be made tra i e r t k &e 3 1st day of the ~ 0 1 1 ~ OsWber).

ZS., Gmtm shd make a ane-ae reduetion in City of Charlotte subscribet'~ Bash % d o t 4 Tier billing rate by $20 per month and, at the same time, the Chattee may add a g.20 per month ABC~JS Support Fee as a separate line item on each City of Charlotte cable tele-&ion subscriber's bill.

2. The k m s Support pa~ameht shall hs payable q m e d y to the Cbar1.otte M d a Public Access Corporation ~CMPAC). idi copy of the quatkrly check s&aU be fo& te the City's CMm of Cable TV & Cmtmts Monitoring for record purposes only.

3. EE&e Jmaary I , 3002 and w h year thert?&kq the per subscriber Access S\PPport charges be adjusted per s k q e i in the Reviwd Consumer Friee index (Atlaim, Oebrgls, "811 Item" Column as published by the Btvaau of V&al Wsti6s of the U.S. Department of Labor).

4. Upon mmatioa, W t e e to add this Aecess Support contribution for each abmxed s ~ b s c r h =~fthe e M v e date of the wexaticun.

5. Tke Grantee agrm to hdude the A e w SU@ mntiitbution per mb&iber Ew ail line extemions by the Grmtee kt0 mars ~~ the City previowly not serviced by the Ormtm,

6. The W A C W b f u d & d a &atemen* of said Acws Support payment$ by the G~aatec's Iw& oftie's WWW decting the total mmmt mUe@ted ad eonputations fet ths pe&d mwred by the paymeht. A copy of this quarkrly statement shall be hrwarded to the City's Office of Cable TV .8e Cohtracts Monitoring for record purposes d y .

This Access Support payment shall be in adBition to any &her tax or payment of general applicability owed to the City or other taxing jurisdiction by the Grantee.

(TWC- CABLEVISION PUBLIC ACGESSAWtWMEMTS - WJWWWI)

April 10. 2000 Ordinance Baok 50, Page 135

8. No acceptance of any ~ ~ E S S S Sopport payment by the. C m A C shal be wn&wed as a ~efsase QX a@ en g ~ ~ d md sari&@m ithat the Access Support paymeat is wnws.

9. E n h e v e n t W ~ ~ t m $ i s l ? E l t e $ & e s s 8 ~ p ~ ~ i s n o t m a d e o n OZ bd01.e tb We8 '-£kt hamia, Chuatw d d pay an interest 'has*, ~mpo.te4 fb& mch .dw We.+. at a, t&wd ate equal to the conlmerrcial p k w kt- rate in &trupon@e;due .&h,

10. The City SM bsw the right upon reaso&& mtiee to inspect the Grantee's subscriber count records, as they pertain t~ enforcing t h w Access Supeh qui-, and the dght at he. City's expense to audit and to re-wmpute my tkkmined. to be payable mder this d c l e .

11. Any undisputed additional amount due to the City or CMPAC as a result of the audit shall b~ paid within thirty (30) days following w r i t t ~ . notice to the hea&se by bjl CCity, whkh motice sM1 iadude a copy ofthe audit re- pnh'irled, tbat the @mtw &dl not be n e q W @ pay an interest e w e in akootdmw with &seetion 9 herein in swh en ewnt.

12. Should the City, at a future date, &teamhe that hatding to the City for Rcoem Swppoct is to a*, the 8rantee wi& as of the &ective date of such d ~ a , immadimiy e m chat& the A- Support Fee on City sf Cha~lotte d E e televisienmbs&bg~~' trills, d will lrot then, nor in the future, ad$ tbis &tar@ int a3-iy other lmmner to %RE& Wing. unless so directed by the City.

13. ~ ~ ' a ~Wgakm her~mder supem& all of @astee's &ligation, m~~tetary and &%wii~~&r under h &thg bmhi~e BfBement pmining to Public Access facilities, equipment, produetion, st*, etch, iimluding, but wt limited t ~ , oufbzxl h~ f%&ans 2*4 md 3.4 sf Cablaision of Charlotte's ~cspmm to t$e City of Charlotte's Request for Proposal incorporated herein & derenw.

14. The City W t the &ding obfigations h@med oa Franchisee under this 5entisn 19 shall he @pkieie$ mdm sub&mWy equimlent tenms to all video progmmmm ever whkh #& Qe jWietion."

April 10, ZOO0 Ordinance Book 50, Page 136

Section 4. This Ordinance shall not become effective unless: (a) the Cable Operator and the CMPAC fully execute a Public Access Equipment Lease Agreement, which Agreement must be approved by the City Manager; and (b) the City Manager and the Charlotte-&cklwbug Public Access Corporation fuUy execute an Initial Public Aocess Funding Agreemeat. In the event that the two agreements referenced in this Section are not fhlly executed by June 30,2000, this Ordinance shall be void.

Sectio~ 5. This O r d i i c e shall not become effective until the first day of the month beghirig at least six€y (60) days aRer the CMPAC gives the Cable Operator and the City Manager written notice of intent to vacate the Cable Operator's public m e s s facilities, or Novemk 1,2090, which ever occurs earlier.

ATTESTED TO:

(Municipal Seal)

A r n S T E D TO: TIME WARPER ENTERTllINWT - ADVANCE/ NEWHOUSE, Partnership

(WK - WLNESION WBUC ACCESS AMENDMENTS -Q9X)4ROW)

April 10,2000 O r d i c e Book 50, Page 137

I, Brande R Frcezq City C k k of the City of charlotte, North Carolina, DO HWEBY CERTfFr that thc foresing is a true and exact copy of an Ordinance adopted by the City Council of tha City of Charlotte, North Cmlinq m m&ar session cunvened on t h e m day of-, 2000, the reference brnring been roadt in Minute Book 1 14 mrded in full ia Ordinance Book& Pads ) 133-137 . WITNESS my hand and the c~pora tc seal of the City of Charlotte, North CCardina, this t h e m d a y ofm, 2000.

April 10, 2000 Ordinance Book 50, Page 138

ORDINANCE NO. 1503-X

AN ORDINANCE TO AMEND ORDINANCE NO. 1313-X, THE 1999-2000 BUDGET ORDINANCE, PROVIDING AN APPROPRIATION FOR AN AGREEMENT WITH THE CLIARLOTTE-MECKLE'NBURG PUBLIC ACCESS CORPORATION.

BE IT ORDAINED by the City Council of the City of Charlotte, North Caroh,

Section 1. That the sum of$437253.67 is available h m the General Fund fUnd balance

h m accumulated public access support funds.

Section 2. That the sum of $437,253.67 is hereby appropriated to the General Fund -

CMPAC account.

Section 3. It is the intent of this ordinance to be effective upon its adoption.

WfTNBSS my h d and fhe, corpora& seal of the City of Charlotte, N d C m W this the -,Q&day of 2000.