Laserfiche WebLink
OR BK 3638 PG 35a- <br /> 6 <br /> 586 of 8 <br /> to by Grantor and Grantee. Should the Florida Public Service Commission cease to exist, the City <br /> retains the right to require the Grantee to maintain a system of accounts and forms of books and <br /> accounts and memoranda prescribed by the Federal Energy Regulatory Commission or any other <br /> applicable agency. <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 othe <br /> Grantee and/or all such information that the Grantor or its representatives may from time to Mune <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. Grantee will reimburse Grantor's audit costs if the audit identifies errors in the Grantee's <br /> franchise Base Revenues of five percent(5%)or more for the period audited. Errors identified during <br /> the audit process shall be projected for any additional time periods not covered during the audit if <br /> there is a reasonable probability these errors occurred during the unaudited period, but not for more <br /> than five(5)years. If an underpayment of franchise fees has occurred, interest will be computed at <br /> a rate often percent(10%)per annum.Both the underpayment and interest shall be paid within thirty <br /> (30) days after receipt of demand therefor from Grantor. <br /> SECTION 15: Grantor's Authority. <br /> (A)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 /> (B)In the event the Grantor acquires the property rights of Grantee as well as any extensions <br /> thereof within and without the City, used in or useful in or connected with Grantee's Electric Utility <br /> System and the extensions thereof, all grants or renewals shall at once terminate. <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 />