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. ORDINANCE AMENDMENT NO. 88-29 CITY OF ELK RIVER STATE OF MINNESOTA Amendment to the Cable Communications Ordinance for the City of Elk River, amending by substitution Article II, Section 1.A.(2). and Article IV, Section 4.B. The City Council of the City of Elk River amends by substitution the cable communications ordinance as follows: 1. Article II, Section 1.A.(2). At the same time as delivery of the executed Franchise, Grantee shall deposit with City its nonrefundable acceptance fee in a sum to be determined by City for the purpose of deferring the costs and expenses of developing this Franchise and for the enforcement and administration costs to be incurred until Franchise Fees may be realized. After the initial payment of the acceptance fees, should costs in excess of the acceptance fee be incurred by City or its designee, City or its designee may charge such excess costs to Grantee and Grantee shall pay them on demand by City or its designee, as an advance on the payment of Franchise Fees. . 2. Article VI, Section 4.B. (1) Throughout the term of this Franchise, Grantee shall pay to City or its designee, within sixty (60) days after the end of each fiscal year of Grantee, an annual Franchise Fee of five percent (5%) of all Gross Revenues. No payment will be allowed of any Franchise Fee that is different from five percent (5%), other than the filing fee and payment required of the successful applicant as established by City to recover the cost of franchising and any other additional payments which are required by the terms of this Franchise. (2) Payment will be made to City or its designee with an itemization of the Gross Revenues. Passed and adopted by the Elk River City Council this 5th day of December, 1988. Q-Jb c!"' LJL1 Estelle E. Gunkel, Mayor ATTEST: · ~~ l<a~ Patrick D. Klaers, City Administrator