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Ordinance 2858-05
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Ordinance 2858-05
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3/26/2015 2:34:14 PM
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Ordinances
Ordinance Number
2858-05
Date
8/3/2005
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3.3. Acceptance of Payment and Recomputation <br /> No acceptance of any payment shall be construed as an accord by the City that the <br /> amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as <br /> a release of any claim the City may have for further or additional sums payable or for the <br /> performance of any other obligation of Grantee. <br /> 3.4. Quarterly Fee Reports <br /> Each payment shall be accompanied by a written report to the City, verified by an <br /> authorized representative of Grantee, containing an accurate statement in summarized form, as <br /> well as in detail, of Grantee's Gross Revenues and the computation of the payment amount. <br /> Such reports shall detail all Gross Revenues of the Open Video System and shall be drafted in <br /> accordance with GAAP. <br /> 3.5. Annual Fee Reports <br /> Grantee shall, within sixty (60) days after the end of each year, furnish to the City a <br /> statement stating the total amount of Gross Revenues for the year and all payments, deductions <br /> and computations for the period. <br /> 3.6. Audits <br /> On an annual basis, upon thirty (30) days prior written notice, the City shall have the <br /> right to conduct an independent audit of Grantee's records reasonably related to the <br /> administration or enforcement of this Franchise, in accordance with GAAP. if the audit shows <br /> that fee payments have been underpaid by three percent (3%) or more, Grantee shall pay the total <br /> cost of the audit. <br /> 3.7. Late Payments <br /> In the event any payment due quarterly is not received within thirty (30) days from the <br /> end of the calendar quarter, Grantee shall pay interest on the amount due at the rate of one <br /> percent (1%) per month, compounded daily, calculated from the date the payment was originally <br /> due until the date the City receives the payment. <br /> 3.8. Tax Liability <br /> All taxes or other levies or assessments which are now or hereafter required to be paid by <br /> businesses in general by any law of the City, the State or the United States including, without <br /> limitation, sales, use and other taxes, business license fees or other payments. Payment of the <br /> fees under this Franchise shall not exempt Grantee from the payment of any other license fee, <br /> permit fee, tax or charge on the business, occupation, property or income of Grantee that may be <br /> lawfully imposed by the City. <br /> 3.9. Payment on Termination <br /> If this Franchise terminates for any reason, the Grantee shall file with the City within <br /> ninety (90) calendar days of the date of the termination, a financial statement showing the Gross <br /> Revenues received by the Grantee since the end of the previous fiscal year. The City reserves <br /> 7 <br />
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