(A) Fiscal records; audits. The city shall have the right to inspect and audit each grantee's fiscal records. If an independent audit of any grantee's records, directed by the city, shows a franchise fee underpayment of 2% or more, the grantee shall bear all costs of the audit. No acceptance of any payment shall be construed as a release or as an accord and satisfaction as to any claim the city may have for further additional sums payable, or for the performance of any other obligation of a grantee pursuant to this chapter or its franchise.
(B) Other records.
(1) The city shall have the right to inspect at any time during normal business hours, all books, records, maps, plans, financial statements, service complaint logs, performance test results and other like materials of any grantee, which relate to the operation under the franchise and are maintained at the local office of a grantee.
(2) If any of the books or records are not kept in the local office, the books or records, upon reasonable request, shall be made available to the city, at grantee's expense.
(C) Copies of federal and state reports. The grantee shall submit to the city copies of all pleadings, applications, reports, communications and documents of any kind, submitted by the grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating to its cable television operations pursuant to its franchise. Grantee shall submit such documents to the city simultaneously with their submission to the courts, agencies and bodies; and within five days after their receipt from the courts, agencies and bodies. The grantee hereby waives any right to claim confidential, privileged or proprietary rights to the documents unless such confidential rights are determined to be confidential by law or by the practices of federal or state agencies. The confidential data exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection.
(D) Miscellaneous reports. Grantee shall submit to the city such other information or reports in the forms and at such times as the city may reasonably request or require.
(E) Income tax returns. If considered necessary in rate disputes, and if not incorporated with parent company returns, the grantee shall submit to the city copies of all income tax returns and reports which are filed with the local, state or federal governments pertaining to its cable system, pursuant to its franchise, upon city request. The returns, to the extent deemed confidential by state or federal agencies, shall not be disclosed to the public.
(F) Inspection of facilities. The grantee shall allow the city to make inspections of any of the grantee's facilities and equipment at any time upon reasonable notice, or, in case of emergency, upon demand without prior notice, to allow the city to verify the accuracy of any submitted report.
(G) Failure to file report. The refusal, failure, or neglect of the grantee to file any of the reports required, or such other reports as the city reasonably may request, or follow inspection of its facilities, shall be deemed a material breach of terms of its franchise, and shall subject the grantee to all remedies, legal or equitable, which are available to the city under the franchise or otherwise.
(H) False statements. Any materially false or misleading statement or representation knowingly made by the grantee in any report required hereunder shall be deemed a material breach of the franchise and shall subject the grantee to all remedies, legal or equitable, which are available to the city under the franchise or otherwise.
(I) Cost of reports. All reports and records required under this or any other section shall be furnished to the city at the sole expense of the grantee.
('83 Code, § 5.24.050) (Ord. 912, passed - -85) Penalty, see § 10.99