2007-49 AMENDING CHAPTER 42 OF THE CITY CODE

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5. FEES FOR OPERATION OF CABLE SERVICE AND OMPETITIVE VIDEO SERVICE. A. As compensation for rights granted under this Chap er, Cable Operators shall pay to the Municipality a franchise fee of five percent (5%) of th Cable Operator's Gross Revenues. B. As compensation for rights granted under this Chapter, ompetitive Video Service I Providers shall pay to the Municipality a fee of five percent (5%) of the Competitive Video II Service Provider's Gross Revenues. C. The Municipality shall have the right to audit and to recompute any amounts I� determined to be payable in satisfaction of the fees set forth in thi Section. Any additional ' amount due the Municipality as a result of the audit shall be paid by rovider within thirty (30) days after the Provider receives a written notice from the Municipal ty. The notice which the Municipality sends to Provider shall include a copy of the audit repqrt. Provider shall pay the cost of the audit if the Municipality determines that the annual paym�nt to the Municipality for the preceding year is thereby increased by more than five percent (5%)'I' D. In the event that payment of any fee set forth in this Section, which has been recomputed pursuant to Subsection (D) above is not made on or bef re the expiration of thirty (30) days following written notice by the Municipality, Provider shall be charged and shall pay, in addition to the amount due, interest on the amount due equal to the prevailing prime rate plus two hundred (200) basis point of interest compounded daily from the ue date for payment of the recomputed amount. The prevailing prime rate shall be the prime rate of the First National Bank of Decatur, Illinois. E. Any fee payable by a Provider shall be reduced dollar f r dollar by any municipal telecommunications, messages or similar taxes levied by the Municip lity on the Provider or its customers with respect to the Services and paid by or through the Prov der to the Municipality. 6. RIGHT OF WAY PROVISIONS. Cable Operators op rating Cable Systems and Competitive Video Service Providers providing Competitive Video ervice in the Municipality shall abide by any applicable Right-of-Way provisions set forth in �hapters 37 and 39 of the Municipal Code, including this Chapter 42. To the extent the pro�visions of this Chapter 42 conflict with any of the other provisions of, the provisions of this Cha ter 42 shall control. 7. PERMITS TO OPERATE SYSTEMS IN THE MUNI IPALITY. A. No Person shall offer to subscribers a Cable Service or ompetitive Video Service within the Municipality except pursuant to this Chapter. A Cable perator, however, that has not elected under Section 4 to enter into a Franchise Agreement under Section 3 A. may continue to provide Cable Service under its existing agreement u til the expiration of such agreement. 6