Laserfiche WebLink
OR BK 39 1 1 RG 124-9 <br /> 6 of 8 <br /> the right to require the Grantee to maintain a system of accounts and forms of books and accounts <br /> and memoranda by generally accepted accounting principals: <br /> (C) Reports. The Grantee will attach to each payment a statement of its estimated Base <br /> Revenues by revenue account for the period on which such payment is based, signed by an authorized <br /> representative of the Grantee, in such reasonable form and detail as Grantor may from time to time <br /> prescribe, sufficient to show the source and method of computation of Base Revenues. The <br /> acceptance of any statement or payment shall not estop the Grantor from asserting that the amount <br /> paid is not the amount due or from recovering any deficit by any lawful proceeding, including interest <br /> to be,applied at the rate set forth in Section 6 (B). <br /> (D)Availability of Records and Reports. Grantee shall supply all accounts and records of the <br /> Grantee and/or all such information that the Grantor or its representatives may from time to time <br /> reasonably request or require relative to the calculation of franchise fees. Such financial records shall <br /> be kept and maintained in accordance with generally accepted accounting principles. All of the these <br /> records shall, on written request of Grantor, be open for examination and audit by Grantor and <br /> Grantor's representatives during ordinary business hours, and such records shall be retained by <br /> Grantee for a period of five(5) years; <br /> (E)Audit. Grantor may require an audit of Grantee's books at minimum of once every five <br /> years. Errors identified during the audit process shall be projected for any additional time periods not <br /> covered during the audit if there is a reasonable probability these errors occurred during the unaudited <br /> period, but not for more than five (5) years. If an underpayment of franchise fees has occurred, <br /> interest will_be computedat a rate of ten percent-(10%) per annum.-Both--the-underpayment and <br /> interest shall be paid within thirty(30) days after. <br /> SECTION 15: Grantor's Authority. <br /> Nothing in this Franchise shall prevent Grantor from levying and collecting such taxes as <br /> Grantor may from time to time be empowered, by law, to levy and collect provided such taxes shall <br /> be applied uniformly to all persons within Grantor's corporate limits and shall not constitute an <br /> additional tax or fee for Grantee's use of the Rights-of-Way. Such taxes are not considered part of <br /> the franchise fees. <br /> SECTION 16: Severability. <br /> Should any section or provision of this Franchise Ordinance or any portion thereof, the <br /> deletion of which would not adversely affect(in the general sense)the receipt of any material benefits <br /> or, substantially increase the burden of any party hereunder, be declared by a court of competent <br /> jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any <br /> part thereof other than the part declared to be invalid. In the event of any such partial invalidity, the <br /> Grantor and Grantee shall meet and negotiate in good faith to obtain a replacement provision that is <br /> in compliance with the judicial authority's decision. <br /> SECTION 17: Acceptance. <br /> This Ordinance shall become effective upon being legally passed and adopted by the City <br /> Council of the City of Zephyrhills, as provided by law; and it is further agreed that Grantee shall <br /> accept this franchise as of the date of the passage and adoption by the City Council and shall signify <br />