City of Eunice

EUNICE, LOUISIANA

OCTOBER 14, 2008

THE MAYOR AND BOARD OF ALDERMEN AND ALDERWOMEN, THE GOVERNING AUTHORITY OF THE CITY OF EUNICE, PARISH OF ST.

LANDRY/ACADIA, STATE OF LOUISIANA, met in regular session on Tuesday, October 14, 2008 at six-thirty (6:30) o’clock p.m., at their regular meeting place, the Eunice City Hall.

The Mayor announced that a quorum was present and ready to transact business.

WHEREUPON, the following ordinance was introduced for consideration of adoption on motion by Alderman at Large Jack Burson and seconded by Alderman Dale Soileau and carried.

ORDINANCE NO. 11-08(B)

An Ordinance setting the franchise fee to be paid by those entities providing cable or video service within the City’s municipal limits under a state – granted franchise authority and otherwise providing with respect thereto.

WHEREAS, pursuant to the provisions of the Consumer Choice for Television Act of 2008, codified at LSA-RS. 45:1361 et seq, any person or entity desiring to provide cable or video services within the City of Eunice may do so by obtaining a state-issued certificate of franchise authority;

WHEREAS, pursuant to the provisions of LSA-R.S. 45:1366, the holder of a state-issued certificate of franchise authority for cable or video service is required to pay a franchise fee to a municipality in which it operates upon the passage of an ordinance by municipality setting such a fee; and

WHEREAS, there are persons or entities which operate or desire to operate cable or video services within the City’s municipal limits.

BE IT THEREFORE ordained by the City Council of the City of Eunice, State of Louisiana, that all persons or entities providing cable or video services to the citizens of

the City of Eunice, pursuant to a state-issued certificate of franchise authority as provided
in LSA-R.S. 45:1361 et seq shall, pursuant to the provisions of LSA-R.S. 45:1366, pay the City of Eunice a franchise fee equal to five percent (5%) of the cable or video service provider’s gross revenues, as that term is defined by the “Consumer Choice for Television Act of 2008,” derived from operations within the City’s municipal limits.

BE IT FURTHER RESOLVED, that all ordinances and resolutions in conflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between the City and any cable or video service provider.

THUS, the above and foregoing Ordinance was submitted and presented for consideration of adoption by the following vote:

YEAS: Alderman at Large Jack Burson, Alderman Wallace Bourque, Jr.,

Alderwoman Marguerite Fruge-Simpson, Alderwoman Chawana

Fontenot and Alderman Dale Soileau

NAYS: NONE

ABSENT: NONE

THUS, the above and foregoing Ordinance was submitted for consideration of adoption on this, the 14th day of October, 2008

______________________________

ROBERT A. MORRIS, MAYOR

ATTEST:

_______________________________

EARLENE LEJEUNE, CITY CLERK

After a public hearing was held on November 11, 2008 and the title having been read and considered, the above ordinance was presented for FINAL ADOPTION at the council meeting

held on November 11, 2008 on motion by Alderwoman Marguerite Fruge-Simpson and seconded by Alderwoman Chawana Fontenot and carried. A record vote was taken with the following results:

YEAS: Alderwoman Marguerite Fruge-Simpson, Alderwoman Chawana

Fontenot and Alderman Dale Soileau

NAYS: NONE

ABSENT: Alderman at Large Jack Burson and Alderman Wallace Bourque, Jr.

BE IT ORDAINED, the above ordinance was declared adopted on this, the 11th day of November, 2008.

________________________________

ROBERT A. MORRIS, MAYOR

ATTEST:

____________________________________

EARLENE LEJEUNE, CITY CLERK

I CERTIFY that the above and foregoing Ordinance was presented to the Mayor on this, the _____ day of November, 2008.

________________________________

EARLENE LEJEUNE, CITY CLERK

I ACKNOWLEDGE RECEIPT of the above Ordinance from the City Clerk on this, the _____ day of November, 2008.

________________________________

ROBERT A. MORRIS, MAYOR

I HEREBY _____________ the above ordinance on this, the _____ day of November, 2008.

approve/veto

________________________________

ROBERT A. MORRIS, MAYOR

I CERTIFY that the above Ordinance was received by me form the Mayor on this, the _____ day of November, 2008.

________________________________

EARLENE LEJEUNE, CITY CLERK

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