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332 Amend 251 Cable FranchiseTOWN OF YELM ORDINANCE NO. 332 AN ORDINANCE amending the provisions of Ordinance 251 (1981); providing for a franchise fee for the operation within the Town of Yelm of a cable tele- vision franchise otherwise assigned, in the amount of 3% of basic revenues; confirming the assignment of the existing franchise; and providing an effec- tive date. BE IT ORDAINED AND ESTABLISHED BY THE TOWN COUNCIL OF THE TOWN OF YELM, THURSTON COUNTY, STATE OF WASHINGTON, as follows: Section 1. Franchise Grant. Section 1 of Ordinance No. 251 (1981), and any codification thereof is hereby amended to read as follows: "Subject to the terms and provisions hereof, there is hereby granted by the Town of Yelm to Viacom Cab.levision International, Inc., hereinafter known as 'Grantee', the non - exclusive franchise, right, and privilege to do a business involving the transmission and the retransmis- sion of television signals, film and videotape programs not received through broadcast television signals and transmission of all other signals, including digital and audivisual, within the Town of Yelm, and to place, erect, lay, maintain, and operate in, on, over, upon, across, along and under the streets, alleys, thorough- fares and public highways within the Town poles, wires, and other appliances and conductors for the transmission of such signals. Such wires, appliances, and conductors may be strung on poles and other fixtures above ground at such height as may be designated now or hereafter by action of the Town Council, whether directly or through the actions of its designees; PROVIDED THAT, at the option of Grantee, or at the direction of the Town Coun- cil, such lines, wires, conductors and other appliances may be underground in pipes or conduits or otherwise protected. In addition to all other rights, Grantee shall have the right to maintain such other apparatus as may be reasonable and necessary to properly operate and maintain the facilities herein mentioned." Section 2. Definitions. Section 2, Subsection k of Ordinance No. 251 (1981), and any codification thereof, is hereby amended to read as follows: "k. 'Gross Income' shall, for the purpose of this Ordinance and any other ordinance of the Town relating to cable television business, and notwithstanding any contrary language therein, include only those revenues derived from the supplying of regular subscriber ser- vice, that is, fees for regular cable benefits, includ- ing the transmission of broadcast signals and access and origination channels, if any. Said term shall not in- clude revenues derived from per - program or per- channel charges, leased channel revenues, advertising revenues, or any other income derived from the system, and shall further exclude installation fees and bad debts for such regular service." Section 3. Franchise Fee. Section 12 of Ordinance No. 251 (1981), and any codification thereof, is hereby amended to read as follows: "On or before the last day of the month next succeeding the end of the calendar quarter, to -wit, April 30, July 31, October 31, and January 31, from and after the effec- tive date hereof and during the term of existence of the franchise, or until earlier amended or cancelled, Grantee shall pay to the Town a franchise fee of three percent (3 %) of gross revenues for the prior calendar quarter." Section 4. Notices. Section 18 of Ordinance No. 251 (1981), and any codification thereof, is hereby amended to read as follows: "All notices to be mailed pursuant to this Ordinance or the franchise agreement and Ordinance shall be mailed by certified mail, return receipt requested. Notice to Grantee shall be addressed to Viacom Cable - vision, 2316 So. State Street, Tacoma, WA 98405 -2897; notice to the Town shall be addressed to Town of Yelm, P.O. Box 479, Yelm, WA 98597; provided that either party may advise the other party in writing of any appropriate change of designated agent or address for the receipt of notices, and the other party shall honor the same." Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by any court of competent juris- diction or any other governmental agency having appropriate jurisdiction, such portion shall be deemed a separate, dis- tinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 6. Acceptance. Grantee shall indicate its acceptance of the terms and conditions hereof, in writing, within thirty (30) days of the passage of this Ordinance and, in the event that Grantee shall fail to do so, this Ordinance shall be null and void. Section 7. Effective Date. This Ordinance shall take effect upon the filing of the acceptance referenced in Section 6 hereof, and the publication hereof in the manner required by law, and, notwithstanding any provision to the contrary con- tained hereinabove, the amended compensation rate provided for herein shall apply from and after the first full month after the effective date of the Ordinance. Hon. Ron Lawton, Mayor Attest: 1', Town Clerk 45115-tan+ Passed: 3 -25 -87 Approved: 3 -25 -87 Published: 4 -2 -87