[R.O. 2011 § 670.660; R.O. 2009
§ 111.100; Ord. No. 01-125, 6-20-2001; Ord. No. 07-278, 10-18-2007]
A.
As compensation for a franchise and in
consideration of permission to use the rights-of-way of the City for
the construction, operation and maintenance of a cable system within
the City and to defray the costs of regulation, each grantee shall
pay to grantor an annual amount equal to five percent (5%) of the
grantee's gross revenues, unless otherwise specified in the franchise
agreement.
B.
Payments due grantor under this Section
shall be computed quarterly, for the preceding quarter, as of March
31, June 30, September 30 and December 31. Each quarterly payment
shall be due and payable no later than forty-five (45) days after
the dates listed in the previous sentence. Each payment shall be accompanied
by a brief report by a grantee showing the basis for the computation
and a "franchise fee worksheet" listing all of the sources of revenues
attributable to the operation of grantee's system.
C.
No acceptance of any 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 grantor may have for further sums payable under the provisions
of this Chapter or a franchise agreement. All amounts paid shall be
subject to audit and recomputation by grantor.
D.
All franchise fee payments received pursuant
to this Article shall constitute general revenue of the City and shall
be credited to the General Fund of the City for such uses as may be
provided for in the budget.
[R.O. 2011 § 670.670; R.O. 2009
§ 111.101; Ord. No. 01-125, 6-20-2001]
Each grantee may be required to maintain
a security fund with the City to ensure compliance with this Chapter
and the applicable franchise agreement in an amount and in a manner
as set forth in the grantee's franchise agreement.
[R.O. 2011 § 670.680; R.O. 2009
§ 111.102; Ord. No. 01-125, 6-20-2001]
Each grantee shall maintain bonds
and insurance with the City in amounts and in a manner as set forth
in the grantee's franchise agreement. Each grantee also shall be required
to indemnify the City in a manner as set forth in the grantee's franchise
agreement.
