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88-029 ORD . 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 . . . Mfidavit of PublicalEf8t\o D 1Qt!8 h,,;tO J 2 STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) [JUK ~ ' being duly sworn, on oath says th he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted DAti j~~./ 11/vr1~ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I -::J,c- cessive wr)s; it was frrst published on ~esday, the ! <.j - day of~) , 19~, and was thereafter printed and published on every Wednesday to and including Wednesday, the_ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication ofthe notice. a bed e fg h ij k 1m n 0 p q r s t u v w x y z ~: ~ \~1hJ I a--!!J SU~Cribed and sworn to before me on this JU!.vyyJJ{A) ,19 'iITS . YV7'~~~J,.,- "';;::;';';-':';;'" CINDV M. SCHIMINSKI ~ /~ . " I . MINNESOTA " ANO 90" , ~~pires June 10. 19 , .' ~T1U.N day of ,t" .' . NOlary~ AA (1) Lowest classified r commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ c;o.3L- $ :;), ,SD $ ;;l'1.SO