947.07 FRANCHISE FEES.

   (a)    All Grantees awarded franchises shall pay to the City for the use of the streets and other facilities of the City in the operation of the cable television system and for the municipal supervision thereof during the life of the franchise three percent (3%) of the annual gross rental income received. Such fee shall be added to the regular customer charge.

   (b)    Within thirty days after the expiration of each calendar year, the Grantee shall submit the franchise fee accompanied by a financial statement clearly showing gross rental income received by the Grantee during the proceeding year.

   (c)   In the event a franchise is terminated or forfeited prior to the end of the term, the Grantee shall immediately submit to the City a financial statement prepared as before required showing the gross rental income of the Grantee for the time elapsed since the year end for which the Grantee has paid the City the required percentage of gross rental income. The Grantee shall pay to the City not later than thirty days following the termination of the franchise a like percentage of such gross rental income.

   (d)   In the event that any payment is not made on or before the applicable date fixed in subsection (a), (b) and (c) hereof, the Grantee shall be subject to the penalty provided for in Section 947.99(e).

   (e)   The Director of Finance shall have the right to inspect the Grantee's records showing the gross rental income from which its franchise payments are computed. The right of audit and recomputation of any and all amounts paid under this franchise shall be always accorded to the City. No acceptance of any payment by the City shall be construed as a release of or an accord or satisfaction of any claim the City might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of Grantee hereunder.

   (f)   Payments of compensation made by a Grantee to the City pursuant to the provisions of this chapter shall be considered in addition to and exclusive of any and all taxes, business license fees or other levies or assessments which are now or which may hereafter be authorized by the laws of the United States, the State of Ohio, or the City.

   (g)   For the purposes of this section, "gross rental income" means the receipts from all regularly recurring subscriber charges for cable television service within the City.

(Ord. 1985-18. Passed 6-3-85.)