(A) During the term of any franchise granted pursuant to this chapter, the franchisee shall pay to the town for the use of its streets, public places and other facilities, as well as the maintenance, improvement and supervision thereof, an annual franchise fee in an amount equal to 3% of the annual gross subscriber revenues received by it from operations conducted within the town. This payment shall be in addition to any other fees or payments made to the town by the franchisee, such as pole rental, business licenses and other fees not based on gross subscriber revenues. Should the FCC regulations be amended in the future to allow the town to receive a fee from its franchisee from other than the previously mentioned subscriber revenues, the franchisee shall immediately commence making additional payments to the town as are authorized to the full extent of this authorization.
(B) Sales tax or other taxes levied directly on a per subscription basis and collected by the franchisee shall be deducted from the gross subscriber revenues before computation of sums due the town is made. Payments due the town under the terms of this chapter shall be computed quarterly as of September 30, December 31, March 31 and June 30 for the preceding quarter and shall be paid on or before the thirtieth calendar day from each computation date at the office of the Town Clerk during regular business hours. The town shall be furnished a statement with each payment, certified as correct by the franchisee, reflecting the total amount of gross subscriber revenues and the above charges, deductions and computations, for the three-month payment period covered by the payment. With the payment each year for the quarter ending on December 31, a statement prepared by a certified public accountant shall be submitted certifying that the statements filed and payments made by the franchisee for the preceding year were correct.
(C) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the town may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation hereunder.
(D) Failure to pay any fees required by this section shall result in automatic suspension of the franchise granted and reinstatement thereof may be had only upon resolution by the Board of Commissioners and payment of the delinquent fee or fees plus any interest or penalties as may be required by the resolution.
(1988 Code, § 111.09) (Ord. passed 10-2-1979) Penalty, see § 10.99
Cross-reference:
Application fee, see § 111.04(C)