Ordinance No. 1052 - Cable Television Regulations

ORDINANCE NO. 1052

AN ORDINANCE AMENDING TITLE XI, CHAPTER 114, SECTION 114.02 OF THE CITY CODE OF THE CITY OF WORTHINGTON, NOBLES COUNTY, MINNESOTA - CABLE TELEVISION REGULATIONS - DEFINITIONS

The City Council of the City of Worthington do Ordain:

Section I.

The City of Worthington, Minnesota (“City”) has determined that certain definitions in the City’s Cable Television Regulations require amendment to reflect changes in the cable television industry, and as such, the City desires to amend Chapter 114 of the City Code, Section 114.02 of the City’s Cable Television Regulations to address those industry changes as follows:.

1. The definition of “Gross Revenues” in Chapter 114 of the City Code, Section 114.02 is hereby deleted in its entirety and replaced with the following definition:

GROSS REVENUES. Any and all revenue derived by the grantee from the or in connection with the operation of the Cable System to provide Cable Service in the City. Gross Revenues shall include, by way of example but not limitation, revenues from Basic Cable Service, all Cable Service fees, premium, pay-per-view, pay television, Franchise Fees, late fees, guides, home shopping revenue, Installation and reconnection fees, upgrade and downgrade fees, advertising revenue, converter rental fees and lockout device fees. Gross Revenue shall not include FCC fee, PEG fees, refundable deposits, bad debt, investment income, nor any taxes, fees or assessments of general applicability imposed or assessed by any governmental entity. A Franchise Fee is not such a tax, fee or assessment. The City acknowledges and accepts that Grantee shall maintain its books and records in accordance with Generally Accepted Accounting Principles.

2. The definition of “Subscriber” in Chapter 114 of the City Code, Section 114.02 is hereby deleted in its entirety and replaced with the following definition:

SUBSCRIBER. Any Person who lawfully receives Cable Service via the Cable System. In the case of multiple office buildings or multiple dwelling units, the “Subscriber” means each lessee, tenant or occupant not the building owner.

Section II.

This ordinance shall be in full force and effect from and after its passage and publication as required by law.

Passed and adopted by the City of Worthington, Nobles County, Minnesota this 11th day of June, 2012.

(SEAL)

Alan E. Oberloh, Mayor

Attest: Janice A. Oberloh, City Clerk

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