Consistent with Section 5.36.630, the City shall have the right to inspect and audit all of the Cable Operator's books
and records and those of its affiliates relevant to an accurate determination of the
total amount of the Cable Operator's gross revenues and gross non-cable revenues.
The Cable Operator shall make such records available to the City within 14 days of
the City's request. Such records shall be available for inspection by the City at
the Cable Operator's office within the City during normal business hours. Such records
shall be retained by the Cable Operator for a period of at least five years. The City
will bear the cost of any such audit; provided, however, that if such audit indicates
a franchise fee underpayment of three percent or more of the amount due, the Cable
Operator shall reimburse the City for all reasonable costs relating to the audit.
Any additional amount due to the City as a result of the audit shall be paid within
30 days following written notice to the Cable Operator, which notice shall include
a copy of the audit report. If the Cable Operator believes the audit report is in
error, it may send a written response to the City describing the error in lieu of
making the payment. If the City disagrees with the response, it shall notify the Cable
Operator in writing, after which the Cable Operator shall pay the additional amount
due within 30 days. The City may elect to perform such audit jointly with one or more
other government agencies which regulate affiliated systems.
(Ord. No. 820, § 1, 3-19-02)
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