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Ordinance 3444-15 with Acceptance
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Ordinance 3444-15 with Acceptance
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11/2/2015 4:11:22 PM
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8/26/2015 4:39:25 PM
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Ordinances
Ordinance Number
3444-15 with Acceptance
Date
7/22/2015
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4.2 Payments. <br />With the exception of fees charged pursuant to Section 4.1.3 of this Franchise Grantee's fee <br />payments to the City shall be computed quarterly for the preceding calendar quarter ending <br />March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and <br />payable no later than thirty (30) days after said dates. <br />4.3 Acceptance of Payment and Recomputation. <br />No acceptance of any payment shall be construed as an accord by the City that the amount paid <br />is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of <br />any claim the City may have for further or additional sums payable or for the performance of any <br />other obligation of Grantee pursuant to this Franchise. <br />4.4 Quarterly Fee Reports. <br />Each payment shall be accompanied by a written report to the City, verified by an authorized <br />representative of Grantee, containing an accurate statement in summarized form, as well as in <br />detail, of Grantee's Gross Revenues reasonably associated with this Franchise and the <br />computation of the payment amount. Such reports shall detail all Gross Revenues of the <br />Telecommunications System and shall be drafted in accordance with GAAP. <br />4.5 Annual Fee Reports <br />Grantee shall, within sixty (60) days after the end of each year, furnish to the City a statement <br />stating the total amount of Gross Revenues reasonably associated with this Franchise for the year <br />and all payments, deductions and computations for the period. <br />4.6 Audits. <br />On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to <br />conduct an independent audit of Grantee's records reasonably related to the administration or <br />enforcement of this Franchise, in accordance with GAAP. Any audit shall be limited to an audit <br />with respect to amounts to be paid to the City in the current calendar year and immediately <br />preceding 2 calendar years only. If the audit shows that fee payments have been underpaid by <br />three percent (3%) or more, Grantee shall pay the total reasonable cost of the audit. <br />4.7 Late Payments. <br />In the event any payment due quarterly is not received within thirty (30) days from the end of the <br />calendar quarter, Grantee shall pay interest on the amount due at the rate of one percent (1%) per <br />month, compounded daily, calculated from the date the payment was originally due until the date <br />the City receives the payment. <br />4.8 Tax Liability. <br />The fees shall be in addition to any and all taxes or other levies or assessments which are now or <br />hereafter required to be paid by businesses in general by any law of the City, the State or the <br />10 of 30 <br />
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