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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)
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. Grantee reserves the right to withhold providing copies of records and information which grantee can demonstrate contain confidential or trade secret information in accordance with all applicable laws. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. Grantee shall file with the city, at the time or payment of the franchise fee, a report of all gross revenues in form and substance as section 9-1-16, exhibit D, of this chapter.
B. City and grantee shall mutually agree, at the times and in the form prescribed, such other reasonable reports with respect to grantee's operations pursuant to this franchise.
C. To the extent required of all other right of way users, grantee shall furnish to and file with city manager the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and grantee shall file with city updates of such maps, plats and permanent records annually if changes have been made in the system. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. City may require evaluation sessions not more than once every three (3) years during the term of this franchise, upon fifteen (15) days' written notice to grantee.
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. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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