97-99 AMENDING THE CITY CODE CHAPTER 71

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5 � � • a 1 � ORDINANCE NO. 97-99 ORDINANCE AMENDING THE CITY CODE CHAPTER 71 IMPOSING A MUNICIPAL TELECOMMUNICATIONS INFRASTRUCTURE MAINTENANCE FEE WHEREAS, the City of Decatur (the "City") is a home-rule municipality in accordance with the Constitution of the State of Illinois of 1970; and 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, in addition to the City's power as a home-rule municipality, this Ordinance is adopted pursuant to the provisions of the Illinois Telecommunications Municipal Infrastructure Maintenance Fee Act, Public Act 90-154 (the "Act"); and WHEREAS, the fees imposed under this Ordinance will replace the City's existing municipal franchise fees with respect to telecommunications retailers, which are currently paid by the telecommunications consumer, with a different fee under the Act; and WHEREAS, this Ordinance is intended to create a uniform system for the collection of fees associated with the privilege of using City rights-of-way and other public rights-of-way for telecommunications activity within the municipal boundaries of the City, including the recovery of reasonable costs for regulating the use of all public rights-of-way within its municipal boundaries for telecommunications activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. 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. That the City Code of the City of Decatur, Illinois be, and the same is hereby, modified and amended by adding thereto Chapter 71 to be entitled "Telecommunications Infrastructure Maintenance Fee" and to provide as shown on E�ibit A attached hereto and hereby made a part hereof.