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RESOLUTION NO. 92-02 A RESOLUTION OF THE CITY OF MOSCOW, A POLITICAL SUBDIVISION AND MUNICIPAL CORPORATION OF IDAHO ADOPTING RATES TO BE CHARGED CABLEVISION FOR THE FRANCHISING OF TELEVISION CABLE OPERATIONS WITHIN THE CITY OF MOSCOW; PROVIDING THAT THE RATES PROVIDED IN THIS RESOLUTION SHALL SUPERSEDE EXISTING RATES CHARGED CABLEVISION; PRESCRIBING THAT THE PROVISIONS OF THIS RESOLUTION ARE DECLARED SEVERABLE; PROVIDING THAT THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT AS OF 12:01 A.M. ON April 1, 1992. WHEREAS, the council finds it necessary and deems it in the public interest to increase fees charged to CABLEVISION, the franchisee of television cable operations within the City of Moscow, in accordance with the terms and conditions of the franchise; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: SECTION 1: That as of the effective date this resolution supersedes and replaces all existing resolutions and ordinances setting the rates of franchise fees charged by the city of Moscow to Cablevision for television cable operations within the City of Moscow. SECTION 2: That this resolution shall refer to and be read in conjunction with Moscow city Ordinance 91-24, known as the City of Moscow Cable Television Franchise Ordinance. This resolution is not to be interpreted as affecting any of the rights granted by, or obligations conferred therefrom, except as specifically provided herein. SECTION 3: That as of the effective date of this resolution the rates charged to Cablevision by the City of Moscow for the franchising of television cable operations within the City of Moscow shall be: a. That Cablevision shall pay to the City of Moscow an annual amount equal to two and one-half percent of Cablevision's gross revenues within the area served by the franchise; b. That the payment provided for in section 3.a. shall be compensation for use of streets and other public property and for other services and purposes provided for herein; ---PAGE BREAK--- c. That the term "gross revenues" shall have the meaning defined in the city of Moscow Cable Television Franchise Ordinance. SECTION 4: Payments due the City of Moscow under this resolution shall be computed at the end of each calendar month and shall be due and payable within thirty (30) days after the last day of that month. Each payment shall be certified as true and correct by a financial officer of Cablevision and accompanied by a brief report showing the basis of the computation together with such other relevant facts as may be required by the City of Moscow. SECTION 5: That the provisions of this resolution shall be deemed severable and the invalidity or unlawfulness of any specific rate or other provision shall not affect the remaining rates or other provision of this resolution. SECTION 6: This resolution shall be in full force and effect as of 12:01 A.M. on April 1. 1992. PASSED by the City Council and APPROVED by the Mayor of the City of Moscow this 2nd day of March, 1992. ATTEST: Clerk