(a) The operator, for the privilege of holding a permit to operate a community antenna system in the City, which entitles him to offer his service or services, and to install his distribution and transmission facilities in, under and over the streets, highways and other public grounds of the City, subject to the overall provisions of this chapter which have been conceived for the protection of the City and its citizens, shall make payments to the City as follows:
(1) The Company shall pay to the City a fee of three percent (3%) of gross basic service and installation subscriber revenues received for cable television operations in the City. No other fee, charge or consideration shall be imposed. Sales tax or other taxes levied directly on a per subscription basis and collected by the Company shall be deducted from the gross basic service and installation subscriber revenues before computation of sums due the City is made.
(2) The operator shall pay a minimum fee of fifteen hundred dollars ($1,500) annually for the period of his permit.
A. The first payment of fifteen hundred dollars ($1,500) shall accompany the operator's acceptance of his permit, as required by Section 791.10(e).
B. The operator shall have the option of operating under a calendar year or fiscal year plan; and the minimum fee may be prorated during his first year to correspond to his books, with a like, balancing adjustment during the final year of the period covered by his initial permit. Once the operating year has been established, payment of the minimum fee will be made within thirty days following the start of each new year.
C. The minimum fee shall be credited to the required three percent (3%) of gross basic service and installation subscriber revenues payable annually to the City.
(b) All payments to the City under this chapter shall be made quarterly within the year as determined by the operator pursuant to subsection (a)(2) hereof.
(1) The first three quarterly payments may be on the basis of unaudited gross basic service and installation subscriber revenues, and shall be due and payable within thirty days of the end of each quarter.
(2) The year-end payment shall be due and payable within ninety days after the close of the operator's operating year.
A. The operator, at the time of this payment, shall submit complete accounting information to substantiate the amount of payments made; certified verification will be provided to the Auditor, attested to be an independent audit of the operator' s books made and certified to by a certified public accountant.
(c) All payments to the City shall be by check made payable to the City and either hand- delivered or sent by registered mail to the Auditor.
(d) Council and the Service Director and their delegates shall have the right to reasonable inspection of the books, records, maps, plans and other like material of the operator at the office of the operator during normal business hours.
(e) The operator shall submit a complete annual operating report as specified by the Director within ninety days after closing of the operator's operating year, such report being attested to by an independent audit of the operator's books and certified to by a certified public accountant.
(Ord. 138-75. Passed 11-10-75; Ord. 142-90. Passed 12-10-90.)