4.20.111.8.1. The city shall have the right to inspect and examine all of a franchisee's books of account, income records and other records and documents relevant to an accurate determination of the total amount of gross revenues derived by the franchisee from the provision of cable services on the city, including such income and subscriber records as may be necessary to determine the accuracy of the franchisee's pro rata allocation of revenue to the franchise.
4.20.111.8.2. The city shall have the right to audit and to re-compute any amounts determined to be payable under a franchise agreement; provided, however, that such audit shall commence within thirty-six (36) months following the close of each of the franchisee's fiscal years (unless subsequent information indicates fraud or improper withholding of information, in which case the thirty-six (36) month limitation shall not apply), and that the city shall not conduct such an audit more frequently than twice in one year (unless subsequent information indicates fraud or improper withholding of information). The franchisee shall make such records available the city within ten (10) days of request. Such records shall be available for inspection by the city upon ten days request during normal business hours and shall be retained by the franchisee for a period of three years.
4.20.111.8.3. The city will bear the cost of any such audit; provided, however, that if such audit indicates a franchise fee underpayment of five percent or more of the amount due, franchisee shall assume all costs of such audit and pay such costs at such time as any proceedings contesting the city's audit are completed.
4.20.111.8.5. The franchisee has the right to appeal the results of any audit conducted by the city; nevertheless, the franchisee shall remain liable and shall pay the city the amount owed according to the audit. Upon final determination of the audit appeal, if the franchisee has overpaid franchise fees, then the city will remit such overpayment within thirty (30) days of completion of the determination of overpayment. (Ord. 205 § 3, 2001)