(A) Annual franchise fee; computing. During the term of any franchise granted pursuant to this chapter, the person granted the franchise shall pay to the Township of Williamstown, for the use of its streets, public places and other facilities, as well as the maintenance, improvements and supervision thereof, and for the regulation activities required by virtue of the franchise, an annual franchise fee in an amount equal to 3% of the annual local gross subscriber revenues. Local gross subscriber revenues are those gross revenues of the franchisee from subscribers within the township. Local gross subscriber revenues include installation fees, disconnect and reconnect fees, and fees for regular cable benefits, including the transmission of broadcast signals and access and origination channels. Local gross subscribers revenues include local gross revenues from Pay TV, in excess of the fair market value royalty paid by franchisee therefor, and local leased channel revenues. To the extent that franchisee's books of account do not reflect the source of any gross subscriber revenue, that portion of gross subscriber revenue allocable to the Township of Williamstown shall be based on the ratio of the number of subscribers in the township to the number of subscribers outside the township. Sales tax or other taxes levied directly on a per subscription basis and collected by franchisee shall be deducted from the local gross revenues before computations of the fee due the township is made. The township shall be furnished a statement with each payment, certified as correct by the franchisee, and an annual statement for the entire year, prepared by a certified public accountant. All statements shall reflect the total amount of local gross subscriber revenues and the above charges, deductions and computations for the period covered by the statement.
(B) Fee; when payable. The franchise fee shall be paid annually during the existence of the franchise on or before a date 30 days subsequent to each anniversary date of the franchise at the office of the Treasurer of the Township of Williamstown during regular business hours. If the Township Treasurer's office is closed on the thirtieth day, then payment may be made during regular business hours on the next following day on which the office is open for business.
(C) Records; inspection. The township shall have the right to inspect at all reasonable times the customer records of any person granted a franchise hereunder from which its franchise fee payments are computed and shall have the right of audit and recomputation of any and all franchise fees paid. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the township may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation hereunder.
(Ord. 23, eff. 3-20-1981; Ord. rev. 9- -1993)