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Ordinance Number 389305 ORDINANCE NO. 389 AMENDING ORDINANCE NO. 149, FRANCHISE FEE (TM COMMUNICATIONS) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 14 OF ORDINANCE NO. 149, AN ORDINANCE GRANTING TM COMMUNICATIONS A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment. Section 14 of Ordinance No. 149 is hereby amended to read as follows: SECTION 14. Payment of Franchise Fee. The Grantee shall, during the life of this franchise, pay to the City of San Juan Capistrano, in lawful money of the United States, three percent (3%) of the gross annual receipts of the Grantee arising from the use, operation, or possession of this franchise, including but not limited to pay television, advertising and leased access. Payment of the fees herein set forth shall begin at once on the granting of the franchise. The Grantee shall file with the City Clerk of the City of San Juan Capistrano within three (3) months after the expiration of the City's fiscal year, or fractional fiscal year, and within three (3) months after the expiration of each and every fiscal year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding fiscal year, arising from the use, operation or possession of this franchise. Within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of San Juan Capistrano, in lawful money of the United States, the aforesaid three percent (3%) of its gross receipts arising from the use, operation or possession of this franchise during said preceding fiscal year." SECTION 2 Effective Date. This Ordinance shall take effect and be in force 30 days after its passage. SECTION 3. Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 19th day of September , 1979 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, " Buchheim and Mayor Friess NOES: None ABSENT: None KENNETH E. FRIESSs MAYOR ATTEST: _I_