2002 FEBRUARY - Laserfiche WebLink

6.52.060 established in the franchise agreement or by separate ordinance. A verified and continuing pattern of noncompli- ance may be deemed a material breach of the franchise, provided that grantee shall receive due process, including prior written notification and a reason- able opportunity to cure, prior to any sanction being imposed. (Ord. 1829 § 2, 2001) 6.52.070 Franchise Fee And Financial Requirements: A. Franchise Fee: 1. Following the issuance and accep- tance of the franchise, the grantee shall pay to the grantor a franchise fee on gross annual cable service revenues in the amount and at the times set forth in the franchise agreement. 2. In the event that any franchise fee payment or payment of any adjustment to any franchise fee is not made on or before the dates specified in the fran- chise agreement, grantee shall pay: a. An interest charge, computed from such due date, at an annual rate equal to the highest of the most recently published prime lending rate of any of the five (5) largest member banks of the New York clearing house associa- tion, plus one percent (1 %) during the period for which payment was due; and b. If the payment is late by ninety (90) days or more, a sum of money equal to five percent (5%) of the amount due in order to defray those additional expenses and costs incurred by the grantor due to grantee's delin- quent payment. 3. In the event grantee overpays its franchise fee, the grantee shall notify the grantor in writing, and provide sufficient documentation to verify the alleged overpayment. Upon written authorization by the grantor, said au- thorization not to be unreasonably withheld, the grantee may begin de- ducting the amount overpaid beginning with the next franchise fee payment due from grantee to grantor, and grantee may continue to deduct the amount paid on subsequent franchise fee payments until the amount overpaid is fully reim- bursed to grantee. 4. The grantor, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, either audited and certi- fied by an independent certified public accountant or certified by an officer of the grantee, reflecting the total amounts of gross annual cable service revenues and all payments, deductions and com- putations for the period covered by the payment. 5. Franchise fee payments shall be made in accordance with the schedule indicated in the franchise agreement. 6. Except as otherwise provided by law, no acceptance of any payment by the grantor shall be construed as a release or as an accord and satisfaction of any claim the grantor may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation of the grantee. B. Franchise Fee Audit: Upon thirty (30) days' prior written notice, grantor shall have the right to conduct an inde- (Pleasanton February 2002) 192-12