§ 5. Fees And Compensation  


Latest version.
  • A. Franchise Fee. In consideration for this franchise ordinance, Franchisee shall pay to the City a Franchise Fee as follows:

    (1) Five per cent (5%) of Gross Receipts; and

    (2) Two Dollars and fifty cents ($2.50) per year for each Linear Foot of the Right-of-Way occupied by Franchisee's Facilities plus five cents ($.05) per cubic foot for space occupied by any underground equipment vault, provided that this Linear Foot fee shall not apply to any Facilities serving customers for which the Gross Receipts fee is paid by Franchisee.

    B. Timing of Payment of Fees. Franchisee shall give the City written notice at the time that payment is due whenever there is a change in the use of any Facilities that are subject to Gross Receipt or Linear Foot payments. Unless otherwise agreed by the parties, the Franchise Fee on Gross Receipts shall be due and payable on a monthly basis within thirty (30) calendar days after the end of the remittal period. The Linear Foot fee shall be due annually on the anniversary date of this ordinance. Linear Foot fee payments shall be prorated based upon date of installation of the Facilities or the date the Facilities become subject to Gross Receipt payments. If any Franchise Fee, or any portion thereof, is not delivered on or before the due date, interest thereon shall accrue from the due date until received, at the applicable statutory interest rate.

    C. Audit. The City or its designated representatives shall have the right to examine, upon written notice to Franchisee no more often than once per calendar year, those records (including meter readings) necessary to verify the correctness of the Franchise Fees.