(a)
. shall pay throughout the term of this an amount equal to 5% of company’s . Once per calendar year municipality by resolution may elect to reduce such percentage to a smaller percentage, and by resolution in a subsequent calendar year may change or revoke such election. Such payments shall be made quarterly, and are due within 45 days after the end of each calendar quarter.
(1) Each payment shall be accompanied by a written report to
, verified by an appropriate representative of
containing an accurate statement in summarized form of company’s
and the computation of the payment amount.
(2)
may audit
to verify the accuracy of
paid municipality. Any additional amount due municipality shall be paid within 30 days of municipality’s submitting an invoice for such sum, and if such sum shall exceed 4% of the total
which the audit determines should have been paid for any calendar year, company shall pay municipality’s cost of auditing that calendar year as well.
(3) If
collects from subscribers that portion of the
attributable to non-subscriber revenues (examples being revenues from tower rentals, advertising or home shopping network commissions) then company shall annually monitor the amount of collections from subscribers during the prior year and promptly correct any material over collection or under collection. Company shall provide documentation of the preceding to
, upon request.
(b) Discounted rates. intends to market services on a “bundled” basis and to fairly reflect an appropriate and reasonable division of revenue among the various services offered. Whether or not company separates services on a customer’s bill, it will provide to the amounts upon which it will pay a , and the amount upon which it will pay the . Should company engage in a billing practice that, in the determination of the municipality, does not fairly reflect an appropriate split of revenue between cable service and telecommunications services, municipality will notify grantee in writing of its determination. If the parties do not resort to methods of dispute resolution, including litigation, the parties will meet and discuss in good faith whether the billing practices result in an unfair payment of fees to municipality. Notwithstanding the foregoing, if federal or state law establishes the method by which the division of revenues should occur or that jurisdiction to establish such guidelines appropriately rests with another body, such law shall supersede the requirements of this division and be deemed by the parties to control.
(c) Other payments.
(1) The preceding fees and payments are in addition to all sums which may be due
for property taxes (real and personal), income taxes, license fees, permit fees or other fees, taxes or charges of general applicability which municipality may from time to time impose.
(2)
shall pay municipality’s cost of newspaper publication associated with adoption of this
. It is agreed such costs do not constitute a
or any part thereof.
(d) Interest. All sums not paid when due shall bear interest at the rate of 1% per annum computed monthly, and if so paid with interest within 30 days of due date, shall not constitute an under § 806.12.
(e) Prior fees. shall pay all due under any prior between company and when they would have been due under such prior franchise.
(Ord. passed 9-5-2001)