A RESOLUTION OF THE BOARD OF COMMISSIONERS OF BUTTS COUNTY RELATING TO STATE CABLE AND VIDEO SERVICE FRANCHISES; TO AUTHORIZE THE CHAIRMAN TO SIGN; TO AUTHORIZE THE CLERK TO TRANSMIT TO THE GEORGIA SECRETARY OF STATE AND OTHER AFFECTED PARTIES; AND FOR OTHER LEGAL AND LAWFUL PURPOSES.
WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia; and
WHEREAS, Act No. 368, otherwise known as the Consumer Choice for Television Act, was passed by the Georgia General Assembly in its 2007 Session and codified at Chapter 76 of Title 36 of the Official Code of Georgia Annotated; and
WHEREAS, the Consumer Choice for Television Act authorizes a statewide franchising option for cable service providers and video service providers providing cable and video services as defined therein; and
WHEREAS, the Act further authorizes cable service providers and video service providers to obtain a state franchise to serve all or parts of the unincorporated areas of Butts County; and
WHEREAS, in the event any cable service provider or video service provider operating within Butts County, Georgia elects, after January 1, 2008, to obtain a state franchise to serve all or parts of the unincorporated areas of Butts County, it is the intention of the Board of Commissioners of Butts County that such cable service providers or video service providers be subject to any franchise fees authorized by law; and¬
WHEREAS, Butts County is authorized by law to collect a franchise fee at a rate up to and including 5% of each cable or video service provider’s gross revenues generated within the unincorporated areas of the county or the maximum amount established by federal and state law; and
WHEREAS, Butts County intends to collect a franchise fee of 5% of annual gross revenues generated within the unincorporated area of the County pursuant to existing franchise agreements and intends to collect that same amount on gross revenues generated pursuant to any state franchise or the maximum that may subsequently be allowed by law; now therefore be it:
RESOLVED, the Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
BE IT FURTHER RESOLVED that Butts County, Georgia, by and through its Board of Commissioners, shall hereby require collection of franchise fees at the rate of 5% of annual gross revenues generated by any cable or video service provider providing cable or video services within the unincorporated areas of Butts County pursuant to a state franchise or the maximum that may be subsequently allowed by law.
BE IT FURTHER RESOLVED that the County Clerk is herewith directed to forward a certified copy of this Resolution to the Georgia Secretary of State and to each applicant for or holder of a state franchise with a service area located within the unincorporated area of Butts County, and;
BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect immediately upon its adoption by the Butts County Board of Commissioners and that any and all resolutions or parts of resolutions in conflict with this Resolution shall be, and they, to the extent of such conflict, hereby repealed, and;
BE IT FINALLY RESOLVED that the Board authorizes the Chairman of the Board of Commissioners to sign this Resolution on their behalf and to authorize the Clerk of Butts County to attest all signatures and spread this resolution upon the minutes of the Board of Commissioners
Adopted in open session this 14th Day of January, 2019
/s/ Ken Rivers, Chairman
/s/ J. Michael Brewer, Clerk of Butts County
Motion: Douglas, K. of the 4th
Second: Henderson, R. of the 2nd
Vote: 4-1 in favor with Rivers, K. and Brown, J. joining and Crumbley, R. dissenting
Status: Passed by Majority Vote
Author: Brewer, Michael