§ 7-24. Payments by grantee; fee; reports; inspection of records; compensation during “hold over.”
Latest version.
(a) Any grantee granted a franchise under this chapter shall pay to the city, during the life of such franchise, a fee to be established by either negotiations between the grantor and the city or by receipt of competitive bids for said franchise received pursuant to specifications and terms established by the city council. Such payment by the grantee to the city shall be made annually, or as otherwise provided in the grantee's franchise, by delivery of the same to the city manager of the city, or in his absence to the city finance director.
(b) The grantee shall file with the city, within thirty (30) days after expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the council, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city, within fifteen (15) days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.
The city reserves the right to establish a minimum amount which any grantee hereunder shall pay to the city as a base fee hereunder during any franchise year, with said minimum amount to be determined at the time said franchise is granted.
(c) The city shall have the right to inspect the grantee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.
(d) In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the city, the grantee shall pay to the city reasonable compensation and damages, of not less than one hundred per cent (100%) of its total gross profits during said period.
(Code 1958, § 7A-14)
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