All reports and records required under this or any other section shall be furnished at the sole expense of the Franchisee.
Franchisee shall conduct biannual reviews as part of its commitment to operate the Cable System to satisfy the future cable related needs and interests of the community, taking into account the cost of doing so. The review shall also encompass a technical inspection. The City shall provide the Franchisee with a detailed list of electrical tests and testing methodology which the City deems necessary to evaluate the performance of the System. The City may observe the testing performed under this section, and may provide a list of locations and/or areas where the tests specified are to be performed. The City’s costs related to such review shall be borne equally by the Franchisee and the City. The City will be apprised in writing of each review. Franchisee shall cooperate with the City in analyzing the development of new uses of the Cable System, such as water meter reading, traffic signal controls, alarm systems and health monitoring signal devices. That analysis shall include the technological and economic feasibility and viability of such uses.
The Franchisee shall keep accurate, complete and current maps and records of its System and facilities. Franchisee shall furnish one (1) complete set of “as built” maps and records to the City upon request. Such maps and records shall be available for inspection by the City during Normal Business Hours at the local office of the Franchisee.
The City and Franchisee hereby agree that the information currently provided by Franchisee to the City, if updated on an annual basis, along with a current statement of sources and application of funds, shall be deemed to comply with the financial information requirements of Section 10.27.410 of Chapter 10.27; except, that if subsequent to the effective date of this Agreement, the City is granted the authority to regulate any rate of Franchisee and determines to exercise such authority, Franchisee agrees to provide such additional financial information as the City may reasonably require under Section 10.27.410 of Chapter 10.27 to implement such authority.
From and after the effective date of this Agreement and throughout the full term of the Franchise Agreement, the Franchisee shall pay to the City a franchise fee of five percent (5%) of annual Gross Revenues with payment due in accordance with the provisions of Section 10.27.310 of Chapter 10.27.
Unless prohibited by applicable law, Franchisee, within sixty (60) days after receipt from the City of written itemization, shall reimburse the City for its direct out of pocket costs incurred during the renewal process equal to Fifty Thousand and No/100 Dollars ($50,000) for technical, financial and legal professional fees plus associated costs, overhead and related expenses. Such payment shall be deemed to be a charge incidental to the award of a Franchise and shall not be subject to the limitations on franchise fees contained in 47 U.S.C. § 542.
Franchisee shall, within thirty (30) days after receipt from the City of written itemization, reimburse the City for the costs of publication of Chapter 10.27 and this Agreement.