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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 That Section 18 only of Ordinance No. 3179 relating to CATV franchise fees is hereby rescinded.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. -1- 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 -2- 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