(A) Except in emergencies, within 60 days of the city’s written request, a provider shall provide the city with the following:
(1) Information sufficient to demonstrate that provider has complied with all requirements of this chapter and any applicable franchise agreement, including, but not limited to, the franchise fee or right-of-way use fee payments required by § 91.116; and
(2) Unless otherwise agreed upon in an unexpired franchise agreement, all books, records, maps and other documents, maintained by the provider with respect to its facilities within the public rights-of-way.
(B) (1) If the city’s audit or review of the provider’s books, records and other documents or information demonstrates that the provider has underpaid the applicable franchise fee or the right-of-way use fee by 3% or more in any one year, the provider must correct the underpayment and pay any interest or penalties owed.
(2) Unless otherwise provided by an unexpired franchise agreement, the provider shall reimburse the city for the cost of the audit or review.
(3) Any underpayment, including any interest or audit cost reimbursement, shall be paid within 30 days of the city’s notice to provider of such underpayment, or as otherwise specified in a franchise agreement or other written agreement between the parties.
(Ord. 1326, passed 4-3-2017) Penalty, see § 91.999