A. Delegated Authority: The city may delegate to any other body or person authority to administer the franchise and to monitor the performance of grantee pursuant to the franchise. Grantee shall cooperate with any such delegates of the city.
B. Administration Of Franchise: The commission or any designee thereof shall have continuing regulatory jurisdiction and supervision over the system and grantee's operation under the franchise. The commission, 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 applicable law.
C. Franchise Fee:
1. During the term of the franchise, grantee shall pay quarterly to the city or its delegates a franchise fee in an amount equal to five percent (5%) of its quarterly gross revenues.
2. Any payments due under this provision shall be payable quarterly. The payments shall be made on April 30 (first quarter) July 31 (second quarter) October 31 (third quarter) and January 31 (fourth quarter), together with a report showing the basis for the computation in form and substance substantially the same as section 13-1-19, exhibit E, of this chapter.
3. All amounts paid shall be subject to audit and recomputation by the city, and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount.
D. Not Franchise Fees:
1. Grantee acknowledges and agrees that the franchise fees payable by grantee to the city pursuant to this section shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be provided or performed by grantee pursuant to this franchise and that the franchise fees provided for in this section shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a franchise fee under 47 USC section 542.
2. Grantee shall not apply or seek to apply or make any claim that all or any part of the franchise fees or other payments or contributions to be made by grantee to the city pursuant to this franchise shall be deducted from or credited or offset against any taxes, fees or assessments or general applicability levied or imposed by the city or any other governmental authority, including any such tax, fee or assessment imposed on both utilities and cable operators or their services that does not fall within the definition of a franchise fee under 47 USC section 542.
3. Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the city or any other governmental authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) that do not fall within the definition of a franchise fee under 47 USC section 542 as a deduction or other credit from or against any of the franchise fees or other payments or contributions to be paid or made by grantee to the city pursuant to this franchise which shall be deemed to be separate and distinct obligations of grantee.
E. 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.
F. Reports And Maps Filed With City:
1. Grantee shall prepare and furnish to the city, at the times and in the form prescribed, such other reasonable reports with respect to grantee's operations pursuant to this franchise as the city may require.
2. Subject to reasonable confidentiality protections pursuant to subsection 13-1-17H of this chapter, grantee shall, if required by the commission, furnish to and file with the commission maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and grantee shall file with the commission updates of such maps, plats and permanent records annually if changes have been made in the system.
G. Periodic Evaluation:
1. The city may require evaluation sessions at any time during the term of this franchise, but in no event more than once per calendar year, upon thirty (30) days' written notice to grantee.
2. 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 the city deems relevant.
3. As a result of a periodic review or evaluation session, upon notification from the city, grantee shall meet with the city and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the franchise which are both economically and technically feasible. (Ord. 353, 2-15-2000)