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Ordinance 2008-016 1 ORDINANCE NO._acpo%' I t o AN ORDINANCE AMENDING ORDINANCE NO. 2007-98 AMENDING THE MUNICIPAL CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING A CABLE/VIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95 -0009 (the "Act "); and WHEREAS, this Ordinance is intended to amend Ordinance No. 2007 -98, establishing a service provider fee and the PEG access support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21 -801. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville as follows: Section 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2. Section 2 of Ordinance No. 2007 -98 is hereby amended by replacing Section 12 -2 -3, Paragraph B of Chapter 2, as adopted by said Ordinance with the following: B. Amount of Fee. The amount of the PEG access support fee imposed hereby shall be one percent (1 %) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the City or its designee for PEG access support in the City, unless otherwise provided pursuant to a franchise contract or agreement authorized by ordinance adopted by the City Council. Section 3. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this a ( day or 2008. LERKN 1 i ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI s ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS c A JASON LESLIE I I Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ( 2? (6 dayof_jSW 2008. MAYOR 2