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ORD 19-19
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ORD 19-19
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2/24/2020 12:51:13 PM
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11/5/2019 10:22:06 AM
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City Government
type
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date
11/4/2019
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provide Complimentary Service to the extent a newly designated building replaces a site <br />previously receiving such service. <br />Section 4.4 Receipt of Subscriber Payments <br />The Grantee must maintain a convenient means for Subscribers to make payments such as <br />the ability to make payments electronically via a company website. <br />SECTION 5. ADMINISTRATION PROVISIONS <br />Section 5.1 Franchise Fee. <br />a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five <br />percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to <br />the City on a quarterly basis within 60 days of the close of the preceding calendar quarter. <br />Payments shall be based on Gross Revenues generated during the preceding calendar <br />quarter. In the event Grantee offers a bundle or package of Cable Services and non -Cable <br />Services at a discounted rate, the Grantee must allocate revenues between Cable Services <br />subject to the Franchise Fee and non -Cable Services that are not subject to the Fee on a <br />proportionate pro rata basis in accordance with Generally Accepted Accounting Principles <br />("GAAP"). In no event shall the Grantee allocate the revenues to evade its Franchise Fee <br />obligations under this Franchise or to disproportionately reduce Gross Revenues. <br />b. Each Franchise Fee payment must be accompanied by a report in form <br />reasonably acceptable to City detailing the computation of the payment. All amounts paid <br />are subject to audit and recomputation by the City, and acceptance of any payment must <br />not be construed as an accord that the amount paid is in fact the correct amount. In <br />accordance with Minn. Stat. § 541.05, any action to recover Franchise Fees must be <br />commenced within three (3) years of receipt of the Franchise Fee payment or due date for <br />such payment. <br />C. In the event that any Franchise payment or recomputed payment is not made <br />on or before the dates specified herein, Grantee shall pay an interest charge, computed from <br />such due date, at the annual rate of one percent over the prime interest rate. <br />Section 5.2 Rules of Grantee. <br />The Grantee may promulgate such rules, terms and conditions governing the conduct of its <br />business provided that such rules, terms and conditions must not be in conflict with the <br />provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. <br />SECTION 6. INDEMNIFICATION, INSURANCE, BONDS <br />Section 6.1 Indemnification. <br />9 <br />
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