3192ORDINANCE NO. 3192
AN ORDINANCE OF THE CITY OF ANAHEIM RESCINDING
SECTION 18 ONLY OF ORDINANCE NO. 3179 RELATING
TO CATV FRANCHISE FEES, AND ADDING A NEW SEC-
TION 18 IN ITS PLACE.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Section 18 only of Ordinance No. 3179 relating to
CATV franchise fees is hereby rescinded.
SECTION 2.
That Section 18, FRANCHISE FEES, of Ordinance No. 3179
is hereby added to read as follows:
"SECTION 18. FRANCHISE FEE.
Grantee shall pay to the City five percent (50) of the
total gross receipts derived from the use, occupation or
possession of this franchise commencing on the date of certifica-
tion by the Federal Communications Commission. Such fee shall be
in addition to any other application or permit or fee charged
provided for in this franchise, payable as follows:
The Grantee shall in all events pay to the City a
minimum franchise fee in the sum of Five Thousand Dollars
($5,000.00) upon the date of the award of this franchise, the
sum of Seven Thousand Five hundred Dollars ($7,500.00) on the
expiration of the first year from the date of award of this
franchise, and the sum of Ten Thousand Dollars ($10,000.00) upon
the expiration of the second year of operation of this franchise.
The above minimum payments shall be in advance of the calendar
year from which they shall apply, and in the event the City share
of the total gross receipts shall exceed the minimum franchise
amounts, the City shall arant a credit to Grantee for said advance
SUMS.
Further, Grantee shall comply with the other proposals
of its aforesaid application for franchise, unless any of such
proposals conflict expressly with the provisions hereof.
The Grantee shall file with the City, within forty-five
(45) days after the expiration of each 90 -day period during the
time this franchise is in force, a financial statement of the
estimated gross receipts of the preceding 90 -day period. It
shall be the duty of the Grantee to pay to the City, within
fifteen (15) days after the time for filing such statement the
sum hereinbefore prescribed or any unpaid balance thereof for
such 90 -day period covered by such statement. A year-end
adjustment based on a financial statement prepared by a certified
public accountant shall be submitted by Grantee and the amount
due or the rebate authorized as a result thereof shall be paid
by Grantee or City.
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Grantee shall furnish the City, upon demand, such
data as needed in accordance with generally accepted account-
ing principals in the industry, or such other system as may be
designated by the City or the F.C.C.
The City shall have the right to inspect the Grantee's
records showing the total gross receipts from which its franchise
payments are computed and the right of audit and the recomp_uta-
tion of any and all amounts paid ufi&er this franchise. No
acceptance of any payment shall be construed as a release or
as an accord and satisfaction of any claim the City may have for
further or additional sums payable under this franchise or for
the performance of any other obligation hereunder.
Any neglect, omission or refusal of the Grantee to
file said verified statement, or to pay said percentage in full,
at the time or in the manner hereinbefore provided, which neglect,
omission or refusal shall continue for more than fifteen (15)
days following notice thereof to the Grantee from the City shall
be grounds for the termination of this franchise as provided for
in Section 22 hereof."
SECTION 3.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim Bulletin, a
newspaper of general circulation, printed, published and circu-
lated in said City, and thirty (30) days from and after its final
passage it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 24th_ day of .7u1v_ , 1973 .
OR OF -THE MY OF ANAHEIM
TEST:
CI Y CLERK OF THE CITY OF ANAHEIM
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FAL : kW
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
(CITY OF ANAHEIM )
I, DEME M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Ordinance No. 3192 was
introduced at a regular meeting of the City Councilof the City
of Anaheim, held on the 17th day of_ July 1973 ,
and that the same was passed and adopted at a regular meeting
of said City Council held on the 24th day of JulV ,
19_x_, by the following vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom,
and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Ordinance on the 241h day
of July , 19 73 .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 24th day
of 1111V
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL) J
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No.
3192 and was published once in the Anaheim Bulletin on the 3rd day
of August, 1973.
City Clerk