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(a) A franchisee, as compensation for the rights granted under a franchise for the use of the city’s streets to construct and operate a cable system, shall pay to the city a franchise fee as set forth in the fee schedule in Part Two - Title Twelve, Chapter 298 of these Codified Ordinances.
(b) A franchisee shall pay the franchise fee due to the city on a semiannual basis. Payment for each semiannual period shall be made to the city not later than 30 days after the last day of the period.
(c) A franchisee shall file with its franchise fee payment a financial statement showing the franchisee’s gross revenues and the method of computation of the franchise fee during the preceding period. The statement shall be signed by the franchisee’s chief financial officer or another of the franchisee’s officers designated by the CFO to perform this duty. The franchisee will not charge the city the cost of the preparation of such financial statement, nor will the cost of preparation of the statement be considered a franchise-related cost for qualifying pass through to subscribers.
(d) No acceptance by the city of any franchise fee payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the city may have for additional sums payable.
(e) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment.
(f) The city may, from time to time, and upon reasonable notice, inspect and audit any and all books and records of the franchisee relevant to the determination of gross revenues and the computation of franchise fees due, and may recompute any amounts to be payable under the franchise. The cost of the audit will be borne by the franchisee if, as a result of the audit, the city determines that the franchisee has underpaid the franchise fees owed in an amount exceeding three percent of the franchise fees actually paid. The audit shall be performed in Greene County, and it shall be the responsibility of the franchisee to have all books and records necessary to satisfactorily perform the audit readily available to the auditors.
(g) In the event that a franchise fee payment is not received by the city on or before the due date set forth in subsection (b) hereof, or is underpaid, the franchisee will be charged interest from the due date at an interest rate equal to three percent above the rate for three-month federal treasury bills at the most recent United States Treasury Department sale of such treasury bills occurring prior to the due date of the franchise fee payment.
(h) When a franchise terminates, for whatever reason, the franchisee shall file with the city, within 90 calendar days of the date its operations in the city cease, a financial statement, certified by a certified public accountant or the franchisee’s chief financial officer, showing the gross revenues received by the franchisee since the end of the previous fiscal year. Adjustments will be made at that time for franchise fees due as of the date that the franchisee’s operations ceased.
(Ord. 97-2, passed 1-9-1997)