A. Provisions:
1. Administration Of Franchise: The City Manager or other designee shall have continuing regulatory jurisdiction and supervision over the system and the grantee's operation under the franchise. The City, or its designee, may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the system as are consistent with the provisions of the franchise and law.
2. Delegated-Authority: The City may appoint a citizen advisory body or may delegate to any other body or person authority to administer the franchise and to monitor the performance of the grantee pursuant to the franchise. Grantee shall cooperate with any such delegates of City.
3. Franchise Fee:
a. During the term of the franchise, grantee shall pay quarterly to City a franchise fee in an amount equal to five percent (5%) of its annual gross revenues.
b. Any payments due under this provision shall be payable annually. The payment shall be made within ninety (90) days of the end of each of grantee's fiscal year together with a report showing the basis for the computation and other relevant facts that City may request.
c. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount.
4. Access To Records: The City shall have the right to inspect, upon reasonable notice and during normal business hours, or require grantee to provide within a reasonable time copies of any records maintained by grantee which relate to system operations including specifically grantee's accounting and financial records.
5. Periodic Evaluation:
a. Upon thirty (30) days written notice to grantee, the City may require an evaluation session. Evaluation sessions may occur no more than once every two (2) years beginning two (2) years from the effective date of this franchise.
b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, system performance, programming offered, access channels, facilities and support, Municipal uses of cable, subscriber rates, customer complaints, amendments to this franchise, judicial rulings, FCC rulings, line extension policies and any other topics City deems relevant.
c. As a result of a periodic review or evaluation session, City and grantee may develop such changes and modifications to the terms and conditions of the franchise as are mutually agreed upon. (Ord. 319, 9-5-2017)