(a) Pursuant to Ohio Revised Code Section 1332.23(B)(1)(a) and subject to subsection (b) hereof, Time Warner shall continue to pay a franchise fee to the Village of five percent (5%) of gross revenues as set forth in the franchise agreement which shall expire on December 31, 2009 or earlier pursuant to its terms.
(b) In the event Time Warner applies for and obtains a video service authorization from the Director of the Ohio Department of Commerce applicable to the Village of Burton pursuant to Ohio Revised Code Section 1332.23(B) (2), the VSP Fee to be paid by Time Warner shall be five percent (5%) of gross revenues, which gross revenues shall include advertising revenues. The VSP Fee shall be paid quarterly not sooner than forty-five (45) days and no later than sixty (60) days after the end of each calendar quarter.
(c) All other video service providers providing video service in the Village pursuant to a video service authorization obtained from the Director of the Ohio Department of Commerce shall pay video service provider fees in the amount of five percent (5%) of gross revenues received from providing video service in the Village, which gross revenues shall include advertising revenues as permitted and defined by Ohio R.C. 1332.32(B) (2) (g). The VSP Fee shall be paid quarterly, not sooner than forty-five (45) days and no later than sixty (60) days after the end of each calendar quarter.
(d) The Mayor and/or Fiscal Officer is authorized and directed to provide any video service provider with notice of the VSP Fee set forth above, which notice shall be given by certified mail, upon receipt of notice from such video service provider that it will begin providing video service in the Village pursuant to a state-issued video service authorization.
(Ord. 2183-09. Passed 6-8-09.)