A. 
As compensation for any franchise granted pursuant to this chapter in consideration of permission to use the streets and public ways of the City for the construction, operation, maintenance and reconstruction of the cable television system, the franchisee shall pay to the City an amount equal to 3% of the franchisee's gross annual receipts from all sources attributable to the operations of the franchise within the City, including but not limited to pay cable, advertising, leased access and any lump sum connection fees.
B. 
Notwithstanding any other provision of this Article, should FCC regulations be amended in the future to allow the City to receive a fee greater than that provided for herein, the percentage of gross receipts established in Subsection A above shall increase to 5% effective January 1 in any year in which the cable television system has 3,000 subscriber connections.
C. 
Payments to the City under this provision shall be computed annually. Each annual payment shall be due and payable no later than 30 days after the applicable computation date. Each payment shall be accompanied by a report showing the basis for the computation and such other relevant material as required by the City Manager.
D. 
Acceptance of any payment by the City should not be construed as agreement that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as the release of any claim for additional amounts payable to the City. All amounts paid shall be subject to audit and recomputation by the City. In the event that any such audit or recomputation results in additional revenue payable to the City, such amounts will be subject to a ten-percent simple interest charge.
E. 
Nothing in this section shall be interpreted as relieving a franchisee of local taxes.
Each applicant for a franchise under this chapter shall submit a nonrefundable filing fee in the amount of $1,000, which shall be payable to the City. All such fees shall be credited to the general fund of the City for the purposes of investigation of franchise applications and enforcement and administration of the provisions of this chapter. Notwithstanding the above, the full amount of the franchise fee shall be returned to all applicants if no franchise is awarded.
A. 
Upon the acceptance of any franchise under this chapter, the franchisee shall pay all damages and penalties which the City may legally be required to pay as a result of granting the franchise. These damages or penalties shall include but shall not be limited to damages arising out of the installation, operation or maintenance of the cable television system, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.
B. 
The franchisee shall provide and pay for any legal defense of the City with regard to all actions mentioned above.
C. 
The franchisee shall maintain, throughout the term of its franchise, liability insurance in companies acceptable to the City sufficient to cover such indemnification and naming as insured the City and the franchisee, with minimum limits of $500,000 on account of bodily injuries to or death of one person, $1,000,000 on account of bodily injuries to or death of more than one person as a result of any one accident or disaster and $1,000,000 on account of damage to property, and it will further deposit the policy or policies of such insurance, along with certificates therefor, with the City within 30 days of execution of any franchise agreement.
D. 
Within 30 days of execution of a franchise agreement, a franchisee shall provide and maintain as herein provided a faithful performance corporate surety bond or other performance guaranty in a form approved by the City Attorney, running to the City, in the penal sum of $100,000 payable to the City. The bond shall be released by the City in full upon the franchisee meeting the requirements of the City herein.
Prior to the execution of a franchise agreement, a franchisee shall deposit $1,000 in an escrow account with the City Director of Finance, to be held by the City and invested throughout the initial and any subsequent term of a franchise. This fund will provide cash as security for the faithful performance by the franchisee of the provisions of this chapter and of its franchise relating to construction and compliance with all orders, permits and directions of any department of the City having jurisdiction over its acts or defaults. Within 30 days after notice to it that any amount has been withdrawn from the security fund deposit as provided herein, the franchisee shall deposit in such account a sum of money equal to the amount withdrawn.
A. 
For violation of the provisions of this chapter, penalties shall be chargeable by the Manager to the security fund unless corrected within 10 days of written notice thereof, by certified mail, to the franchisee as follows:
(1) 
For failure to submit plans indicating expected dates of installation of various parts of the system, per day.
(2) 
For failure to commence operations in accordance with requirements herein, per day.
(3) 
For failure to complete the construction and installation of system as required, per day.
(4) 
For failure to supply data requested by the City in connection with installation, construction, customers or financial reports, per day.
(5) 
For failure to restore the security fund as required within the specified 30 days, the entire cash deposit remaining, if any, and the full amount of the performance bond shall be forfeited.
B. 
The franchisee may request that the Manager exclude from the ten-day correction period delays equal to the time lost for acts of God, labor disputes, abnormal weather conditions, fires or other causes outside its control.