(a) Following the issuance and acceptance of a franchise, and as compensation for the benefits and privileges granted under the franchise, and in consideration of permission to use the grantor's streets and rights-of-way, the grantee shall pay to the grantor a franchise fee based upon the grantee's annual gross revenues in the amount set forth in the franchise agreement.
(b) The grantor, on an annual basis, shall be furnished with a statement within 120 days of the close of the calendar year, certified by an officer of the grantee or audited by a certified public accountant, reflecting and attesting to the total amounts of gross annual revenues and all payments and computations for the previous calendar year. At any time and upon thirty days prior written notice, and no more than once per calendar year, the grantor shall have the right to conduct an independent audit of the grantee's records, in accordance with generally accepted accounting principles, and if such audit indicates a franchise fee underpayment of five percent or more, the grantee shall assume all reasonable costs of such an audit.
(c) Except as otherwise provided by law, no acceptance of any payment by the grantor shall be construed as a release or as an accord and satisfaction of any claim the grantor may have for further or additional sums payable as a franchise fee under this chapter or any franchise agreement or for the performance of any other obligation of the grantee.
(d) In the event that any franchise fee payment or recomputed amount is not made on or before the dates specified in the franchise agreement, the grantee shall pay as additional compensation an interest charge, computed from such due date, at an annual rate equal to the prime lending rate plus one and one-half percent during the period for which payment was due.
(e) Unless otherwise provided for in the franchise agreement, in the event any payment is not received within thirty calendar days from its due date, the grantee shall further be assessed an additional amount, with regard to the payment, of one hundred dollars ($100.00) per day. In the event any payment is not received within seventy-five calendar days from its due date, the grantee shall be assessed an additional amount, with regard to the payment, of five hundred dollars ($500.00) per day. The grantee's liability for such amount in such cases shall not be subject to, but shall be in addition to, the remedies set forth in Section 816.29 for franchise violations and may be taken from the performance bond in accordance with Section 816.24.
(f) Franchise fee payments shall be made in accordance with the schedule indicated in the franchise agreement and shall be accompanied by a report in summarized form of the grantee's gross receipts during the period and the computation of the payment amount upon which revenues shall be listed by category, including, but not limited to, subscription revenues (such as basic and pay services), nonrecurring revenues (such as pay-per-view) and nonsubscriber revenues (such as advertising).
(g) The grantor represents that it is its intention to be able to charge up to the maximum amount of franchise fees allowed by law, which is presently set at five percent. This maximum may be amended during the term of the franchise by any higher maximum amount that may be set by FCC regulations or the Cable Act, as the same may be amended from time to time. The grantor may change the percentage to be set forth in the franchise agreement by ordinance or resolution of the grantor's Council and upon written notice to the grantee, as long as the same does not exceed the maximum amount the grantor is authorized to collect as allowed by law at the time of the change and as long as the grantor collects the same percentage from all other cable operators operating a cable television system in the franchise area. The grantee shall implement the change within sixty days of written notice of the same by the grantor.
(h) No term or condition in this chapter or the franchise agreement shall in any way modify or affect the grantee's obligation to pay franchise fees. Although the total sum of franchise fee payments and additional commitments set forth elsewhere in this chapter or in the franchise agreement may total more than the maximum allowable percentage of the grantee's gross revenues in any twelve-month period, the grantee agrees that the additional commitments are not franchise fees as defined under any Federal law, nor are they to be offset or credited against any franchise fee payments due to the grantor, nor do they represent an increase in franchise fees to be itemized as such on the subscriber's bill.
(i) Payment of the franchise fee under this chapter or the franchise agreement shall not exempt the grantee from the payment of any other license fee, tax, levy, assessment or charge on the business, occupation, services, property or income of the grantee which is or may hereafter be lawfully imposed on all entities engaged in the same business as the grantee.
(Ord. 1999-54. Passed 9-15-99.)