A. It shall be a term and condition of any agreement awarding a franchise that as a part of the consideration supporting the award of such franchise and the City's permission thereby to use the streets of the City, that the operator shall pay each year to the City a fee, which shall be set forth in the franchise agreement, and such further consideration as the operator may offer in its proposal, including, but not limited to, community communications services and facilities or extensions thereof as may be provided for in such agreement.
B. As additional consideration to that which is provided in subsection A hereof, the City shall have a first option to purchase the cable communications system for its fair market value at the expiration of the term of any agreement awarding a franchise in accordance herewith.
C. As additional consideration, the operator shall provide access channels(s), free of charge, for educational and governmental use, and any and all equipment necessary to utilize such access channels(s).
D. As additional consideration, the cable operator shall provide access channel(s), free of charge, for educational and governmental use, and any and all equipment necessary to utilize such access channel(s).
E. As additional consideration, the operator shall provide for the entire term of the agreement a single drop to all public or nonprofit elementary and secondary schools, and institutions of higher learning located in the City. After such installation, the operator shall not charge or collect from such schools or institutions any fee or other charge for any cable communications service including basic service.
F. Any person submitting a proposal to enter into an agreement for the award of a franchise in accordance herewith may offer consideration in addition to that listed in subsections A through E hereof, including, but not limited to, additional fees and/or community communications services and/or facilities.
G. The annual fee provided for in subsection A hereof shall be assessed monthly for the preceding month.
1. Each monthly payment shall be payable and reportable no less than forty five (45) days after the relevant assessment date.
2. Each payment shall be accompanied by a report from the cable operator in a form approved by the City Treasurer showing the basis for the computation and such other relevant data as may be required by the City Treasurer.
3. Each of such reports shall contain a notarized verification by the chief financial officer of the cable operator and such reports shall be verified annually, within ninety (90) days of the close of business of the last day of the calendar year, by a certified public accountant selected by the City at the expense of the cable operator.
H. Nothing in this Chapter shall be construed to limit the liability of the cable operator for all applicable Federal, State and local taxes, including, inter alia, applicable local utility taxes. (Ord. 90-85)