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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 quarterly gross revenues, or such other amounts as are subsequently permitted by federal statute.
B. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of grantee's fiscal quarters together with a report showing the basis for the computation.
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. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Grantee acknowledges and agrees that the franchisee fees payable by grantee to city pursuant to this section 9-1-9 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 9-1-9 of this franchise 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 grantee shall be required to pay to city and/or to any other governmental authority, all of which shall be separate and distinct obligations of grantee. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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