(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 street and rights-of-way, the grantee shall pay to the grantor a franchise fee of three percent upon the grantee's gross monthly subscriber revenues.
(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 monthly service 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 for the performance of any other obligation of the grantee.
(d) Franchise fee payments shall be made within sixty days of each current quarter and shall be accompanied by a report in summarized form of the grantee's applicable gross quarterly receipts during the period and the computation of the payment amount.
(e) The grantor represents that it is its intention to be able to charge up to a three percent franchise fee of gross revenues.
(f) 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. 29-99. Passed 6-29-99.)