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# WASHIRIGTOM
AGENDA BILL APPROVAL FORM
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Action:
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❑Yes ❑No
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Until
Until / /
Councilmember: Cerino Staff: Rempher
Meetinq Date: December 21, 2009 Item Number:
Agenda Subject:
Date:
Page 2 of 2
ORDINANCE NO. 6 2 8 4
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 13.36, CATV
SYSTEMS, OF TITLE 13, WATER, SEWERS, AND
PUBLIC UTILITIES, OF THE AUBURN CITY CODE.
WHEREAS, Chapter 13.36, CATV Systems, of Title 13, Water Sewers,
and Public Utilities, is the code that governs the application of Cable
Communications Systems; and
WHEREAS, changing circumstances make it necessary to amend the
existing Chapter 13.36.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code. Subsection 13.36.020 R of
Chapter 13.36, "CATV Systems" of Title 13, entitled "Gross Revenues" is hereby
amended so that the definition of "Gross Revenues" reads as follows:
R. "Gross Revenues" means any and all Tevenue Aprlvpj directly or
indirectly , by Franchisee, or by Franchisee's Affiliates, as defined in the federal
Cable Act, from the operation of the Franchisee's Cable System to provide Cable
Services in the Franchise Area. Gross Revenues include, by way of illustration
and not limitation, monthly and other fees charged Subscribers for Cable
Services including Basic Service, Expanded Basic Service, an expanded Tiers
of Cable Service, other Tiers of Cable Service, optional Premium Service, Video
on Demand, pay-per-view, per-program Channels, Cable Service installation,
disconnection, reconnection and change-in-service fees, Leased Access
Channel fees, remote control rental fees, late fees and administrative fees,
consideration received by the Franchisee from programmers for carriage of
Cable Services on the Cable System and recognized as revenue under generally
accepted accountinq principles (GAAP), revenues from rentals of converters or
other Cable System equipment, advertising sales revenues (includinq local and a
pro rata share of regional and national advertisinq carried on the Cable System in
the Franchise Area) net of commissions due to Franchisee's unaffiliated
advertisinq agencies that arrange for the advertisinq buy, revenues from rogram
guides, additional outlet fees, revenue from the sale or carriage of other Cable
Services, revenues from home shod inq, and a fair) apportioned percentage of
Deleted: receipts and
Deleted: s
Deleted: received
Deleted: from all sources, other than
transactions related to real property
receipts, by a franchisee, not
including any taxes on services
furnished by a franchisee, imposed
on any subscriber or used by any
governmental unit, agency or
instrumentality and collected by a
franchisee for such entity; provided
that, net uncollectible debts are not
considered as revenue in this
definition.
Ordinance No. 6284
December 7, 2009
Page 1 of 3
Formatted: Font: (Default) Arial, 12
Pt
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Ordinance No. 6284
December 7, 2009
Page 2 of 3
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6284
December 7, 2009
Page 3 of 3