APPENDIX E.
CABLE FRANCHISE ORDINANCE
AN
ORDINANCE GRANTING A CABLE FRANCHISE IN THE CITY OF DETROIT LAKES; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR CERTAIN
SERVICE REGULATIONS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE
PROVISIONS HEREIN
The
City of Detroit Lakes ordains:
Statement
of Intent and Purpose
The
City intends, by the adoption of this Franchise, to renew the cable franchise
ordinance previously issued by the City.
Continued cable service can contribute significantly to the
communication needs and desires of residents of the City. Further, the City may achieve better
utilization and improvement of public services with the continued operation of
a cable system.
Section 1.
Definition
of Terms
1. Terms. For purposes of this Franchise, the following
terms, phrases, words, and their derivations shall have the meaning given
herein. When not inconsistent with the
context, words in the singular number include the plural number. The word “shall” is always mandatory and not
merely directory. The word “may” is
directory and discretionary and not mandatory.
a.
“Affiliate”
means an entity which owns or controls, is owned or controlled by, or is under
common ownership with Grantee.
b.
“Basic
Cable Service” means any service tier, which includes the lawful retransmission
of local television broadcast signals and any public, educational, and
governmental access programming required by the Franchise to be carried on the
basic tier. Basic Cable Service as
defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7).
c.
“Cable
Programming Service” means any video programming regardless of service
tier, including installation or rental of equipment used for the receipt of
such video programming, other than Basic Cable Service or video programming
offered on a pay‑per‑channel or pay‑per‑program
basis. Cable Programming Service as
defined herein shall not be inconsistent with the definition as set forth in 47
U.S.C. § 543(1)(2) and 47 C.F.R.§ 76.901(b).
d.
“Cable
Service” means: the one-way transmission to subscribers of (i) video programming, or (ii) other programming service,
and (iii) subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service.
e.
“Cable
System” means a system of antennas, cables, wires, lines, towers, wave
guides, or other conductors, converters, equipment or facilities located which
operates the service of receiving and amplifying programs broadcast by one or
more television or radio stations, and distributing those programs by wire,
cable, microwave or other means, whether the means are owned or leased, to
persons who subscribe to the service.
f.
“Channel”
means a single full motion video channel.
g.
“City”
means the City of Detroit Lakes, Minnesota.
h.
“Converter”
means an electronic device, which converts signals to a frequency acceptable to
a television receiver of a Subscriber and by an appropriate selector permits a
Subscriber to view all Subscriber signals included in the service.
i.
“Drop,”
means the cable that connects the ground block on the Subscriber’s residence to
the nearest feeder cable.
j.
“FCC”
means the Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
k.
“Franchise”
or “Cable Franchise” means this ordinance and the contractual
relationship established hereby.
l.
“Franchise
Fee” means the fee or assessment imposed by the City on a Grantee solely
because of its status as a franchisee.
The term “Franchise Fee” does not include: (i)
any tax, fee or assessment of general applicability; (ii) capital costs which
are required by this Franchise related to the provision of public, educational,
or governmental access facilities; (iii)
requirements or charges incidental to awarding or enforcing this Franchise,
including payments for bonds, security funds or letters of credit, insurance,
indemnification, penalties or liquidated damages, or other regulatory costs
specifically required herein in addition to the Franchise Fee; (iv) any fee
imposed under Title 17 of the United States Code.
m.
“Grantee”
is Tekstar Cablevision, Inc., its agents and
employees, lawful successors, transferees or assignees.
n.
“Gross
Revenues” means the following revenues received by the Grantee or its
Affiliates from the operation of the Cable System to provide Cable Service in
the City: 1) the monthly service fees for basic broadcast service (the One Star
Plan); 2) expanded basic tiers (Two Star Plan) and pay television fees and
pay-per-view service. Gross Revenues
shall not include: 1) fees derived from the lease of channels to providers
unaffiliated with Grantee, to the extent such lease is required by law; 2)
revenues received from telecommunications services as defined in state or
federal law; 3) any taxes on Cable Services which are imposed directly or
indirectly on any subscriber by any governmental unit or agency; 4) revenues
received from national advertising carried on the system; 5) revenues received from late fees, or; 6) bad debt write-offs.
o.
“Installation”
means the connection from feeder cable to the point of connection with the
Subscriber Converter.
p.
“Lockout
Device” means an optional mechanical or electrical accessory, which
inhibits the viewing of a certain program, certain channel, or certain
channels.
q.
“Normal
Business Hours” means those hours during which most similar businesses in
the community are open to serve customers.
Normal Business Hours must include some evening hours at least one night
per week and/or some weekend hours.
r.
“Normal
Operating Conditions” means those service conditions, which are within the
control of Grantee. Those conditions
which are not within the control of Grantee include, but are not limited to,
natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are
ordinarily within the control of Grantee include, but are not limited to,
special promotions, pay‑per‑view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of Grantee’s
facilities.
s.
“Person”
is any person, firm, partnership, association, corporation, company, or other
legal entity.
t.
“Right-of-Way”
or “Rights-of-Way” means the area on, below, or above any real property
in the City in which the City has an interest including, but not limited to any
street, road, highway, alley, sidewalk, parkway, park, skyway, or any other
place, area, or real property owned by or under the control of the City,
including other dedicated Rights-of-Way for travel purposes and utility
easements.
u.
“Right-of-Way
Ordinance” means the ordinance adopted by the City creating requirements
regarding regulation, management and use of Rights-of-Way, including
registration and permitting requirements.
v.
“Standard
Installation” means any residential installation, which can be completed
using a Drop of 125 feet or less.
w.
“Subscriber”
means any Person who lawfully receives Cable Service from Grantee.
Section 2.
Grant of Franchise
1.
Findings of
Council. In the review of the franchise renewal
request by the Grantee and negotiations related thereto, and as a result of a
public hearing, the Grantee’s technical, financial, legal qualifications and
ability were considered and approved in accordance with state and federal
law. In addition, the Grantee’s plans
for providing video services were considered and found adequate and
feasible. The Franchise granted herein
is intended to comply in all respect with applicable Minnesota Statutes,
federal laws and regulations.
2.
Grant of
Franchise.
a.
This Franchise is
granted pursuant to the terms and conditions contained herein. The Grantee shall have the continued right
and privilege pursuant to this Franchise to provide Cable Service and
construct, reconstruct, operate and maintain a Cable System in the
Rights-of-Way in the City.
b.
Use of the
Rights-of-Way to operate a Cable System and provide Cable Service shall not be
inconsistent with the terms and conditions by which such Rights-of-Way were
created or dedicated and is subject to all legal requirements related to the
use of such Rights-of-Way, including the terms and conditions of the
Right-of-Way Ordinance.
c.
This Franchise
shall be nonexclusive. Additional Cable
Franchises may be granted by the City.
3.
Lease or
Assignment Prohibited. No Person may
lease Grantee’s Cable System for the purpose of providing Cable Service within
the City, until and unless such Person shall have first obtained and shall
currently hold a valid Franchise
4.
Franchise
Term.
This Franchise shall be in effect for a period of 15 years from the date
of acceptance by Grantee.
5.
Compliance
with Applicable Laws, Resolutions and Ordinances. The Grantee
shall at all times during the term of this Franchise be subject to all lawful
exercise of the police power, local ordinance-making authority, and eminent
domain rights of the City. This
Franchise shall comply with the franchise standards contained in Minnesota
Statutes, Chapter 238.
6.
Franchise
Area/Service Area.
a.
This Franchise is
granted for the corporate boundaries of the City, as it exists from time to
time. In the event of annexation by City
or as development occurs, any new development within
the City shall become part of the territory for which this Franchise is granted
and for which Cable Service is authorized.
b.
The Grantee shall
be required to offer Service to all existing residential dwellings,
within the City consistent with the line extension criteria of Section 2(6)(c) below.
c.
Whenever the
Grantee shall receive a request for Cable Service from at least eight (8)
residences within 1320 cable-bearing strand feet (one-quarter mile) of its
trunk or distribution cable, it shall extend its Cable System to such
Subscribers at no cost to said Subscribers for Cable System extension, other
than the usual connection fees for all Subscribers; provided that such
extension is technically feasible, and it will not adversely affect the
operation of the Cable System. Grantee
shall extend Service within one hundred twenty (120) days of the date of
request, unless technically impossible or prevented
by weather conditions.
d.
Service shall not
be denied to any group of potential residential cable Subscribers because of
the income of the residents of the area in which such group resides.
7.
Written Notice. All notices,
reports, or demands required to be given in writing under this Franchise shall
be deemed to be given when delivered personally to any officer of Grantee or
City’s Administrator of this Franchise or forty‑eight (48) hours after it
is deposited in the United States mail in a sealed envelope, with registered or
certified mail postage prepaid thereon, addressed to the party to whom notice
is being given, as follows:
If to Grantor: City of
Attention: City Administrator
With copies to: City of
Attention: City Attorney
If to
Grantee: Tekstar
Communications, Inc.
Attention:
Systems Manager
With copies
to: Tekstar
Communications, Inc.
Attention:
Director of Video Operations
Such addresses may be changed by either party upon
notice to the other party given as provided in this Section.
Section
3.
Construction Standards
1.
Registration,
Permits and Construction Codes.
a.
Grantee shall
strictly adhere to all state and local laws and building and zoning codes
currently or hereafter applicable to location, construction, installation,
operation or maintenance of the Cable System and other facilities used to
provide Cable Service in the City.
b.
The City shall
have the right to inspect all construction or installation work performed
pursuant to the provisions of the Franchise and to make such tests as necessary
to ensure compliance with the terms of the Franchise and applicable provisions
of local, state and federal law.
c.
Nothing in this
Franchise shall be construed to prevent the City from enforcing or amending the
Right of Way Ordinance.
2.
Drop Burial. Grantee shall
bury all Drops in a reasonable time period, which shall not exceed thirty (30)
business days, subject to weather conditions.
In the event the ground is frozen, Grantee shall be permitted to delay
burial until the ground is suitable for burial, which in no event shall be
later than June 30th.
3.
Permits. Grantee shall
obtain the appropriate permit or other required authorization as provided in
the Right-of-Way Ordinance prior to any construction or work in or on the
Right-of-Way, including construction of poles, conduits, amplifier boxes,
similar structures, or other wire‑holding structures. Facilities located on public and private
property shall be subject to applicable zoning and other land use
regulations. All Cable System facilities
to-be located in the Right-of-Way shall be subject to City approval with regard
to location, height, type and other considerations.
4.
Relocation of
Facilities. Grantee shall at its sole expense relocate or
otherwise temporarily support, protect, or disconnect its Cable System in the
Right-of-Way, or any part thereof, upon five (5) days notice from the City, in
the event the City shall lawfully elect to change or alter the location or
grade of any street, alley, easement or other Right-of-Way, or the City shall
change, relocate, replace or remove utility poles at any time during this
franchise, or when required for any other public purpose or public
project. Grantee shall, at the request
of any person holding a moving permit, temporarily remove, raise or lower its
Cable System, or any part thereof, to permit the moving of a building,
provided: a) the expense shall be paid by said person(s) requesting same; and
b) the Grantee receives no less than twenty (20) days written notice. Nothing in this section is meant to limit any
rights Grantee may have under applicable laws to be compensated for the cost of
relocating its facilities from the Person that is requesting the
relocation.
5.
Existing Poles. Grantee shall
use existing poles, conduits or other wire-holding structures to the extent
feasible.
6. Pole Rental Fee. The City may require the Grantee to enter
into a pole attachment agreement granting permission to use the City's utility
poles. In any event, Grantee shall pay
the City Public Utilities Department for attachments to electric utility
poles. Such payment shall be in addition
to the franchise fee required herein. The per pole amount of the rental fee shall be established
by Council Resolution. The City may
modify the pole rental fee every five (5) years. Said pole rental fee shall be payable
semi-annually in advance on the first day of January, and the first day of July
of each year while this franchise remains in effect. The payments shall be based on the number of
poles upon which attachments are maintained, as determined by City. Grantee may request a physical count of the
poles upon which attachments are maintained.
7. Undergrounding. Grantee shall place its Cable System, or any
portion thereof, underground in areas of the City where all other utility lines
are placed underground. Grantee shall
relocate its Cable System, or any portion thereof, underground within a
reasonable time after receiving written notice that all other utility
facilities have been or are being placed underground. Amplifier boxes and pedestal mounted terminal
boxes may be placed above ground if existing technology reasonably requires,
but shall be of such size and design and shall be so located as not to be
unsightly or unsafe, all as may be approved by City in accordance with applicable
requirements. Grantee shall be entitled
to proportionate reimbursement form the City for undergrounding
costs to the same extent as other right-of-way users. Nothing in this section is meant to limit any
rights Grantee may have under applicable laws to be compensated for the cost of
relocating its System underground from the Person that is requesting the
relocation.
8. Safety Requirements.
a.
The Grantee shall
at all times employ ordinary and reasonable care and shall install and maintain
in use nothing less than commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage, injuries, or nuisances
to the public.
b.
The Grantee
shall, upon completion of any work requiring the opening of any public or private
property, restore the same to as good a condition as existed immediately prior
to construction and in a manner and quality approved by City with regard to
Right-of-Way, and shall exercise reasonable care to maintain the same
thereafter in good condition.
c.
The Grantee shall
install and maintain its equipment and facilities in accordance with all
federal, state and local laws and regulations, including the requirements of
the National Electric Safety Code, and any applicable FCC or MPUC regulations,
and in such manner that they will not interfere with private radio, police and
fire communications or any installations of City or of any public utility
serving City.
d.
All facilities
structures, and lines, equipment and connections in, over, under and upon the
Rights-of-Way, wherever situated or located, shall at all times be kept and
maintained in good condition, order, and repair so that the same shall not
menace or endanger the life or property of the City or any Person.
e.
The Grantee shall
keep accurate maps and records of all its wires, conduits, cables and other
property and facilities located, constructed and maintained in the City. Grantee shall, without charge, furnish a copy
of such maps and records of the location and character of the facilities from time
to time as requested by the City.
9. Tree
Trimming. The Grantee is authorized
to trim any trees upon and overhanging the Rights-of-Way so as to prevent the
branches of such trees from coming in contact with its Cable System. The City may supervise tree-trimming
activities and condition the authority to trim trees, as it deems appropriate.
Section
4.
System Design
1. Channel Capacity.
a.
Within
twelve (24) months of acceptance of this Franchise, Grantee shall complete upgrade
of the Cable System to 750 MHz capacity with capability of delivering a minimum
of 80 analog (6 MHz) video channels.
b.
All
final programming decisions remain the discretion of Grantee in accordance with
this Franchise, provided, that Grantee notifies City and Subscribers in writing
thirty (30) days prior to any channel additions, deletions, or realignments,
and to Grantee’s signal carriage obligations
hereunder and pursuant to 47 U.S.C. § 531-536, and to City’s rights
pursuant to 47 U.S.C. § 545. The initial
broad categories of Video Programming are set forth in Exhibit B, attached
hereto and incorporated herein by reference.
Location and relocation of the PEG Channels shall be governed by Section
6.
2. Emergency Override/EAS Requirements. The Grantee will implement emergency alert
override capability consistent with all applicable federal and state
regulations. The Grantee shall
immediately, upon request, make its System available to the City in the event
of a local emergency. At minimum, the Grantee
shall ensure that all channels are capable of carrying a brief System-specific
message upon demand, consistent with federal law.
Section 5.
Customer
Service
1.
Provision
of Services. The Grantee shall render good quality Cable
Service, make repairs promptly, and interrupt Cable Service only for good cause
and for the shortest time possible. Such
interruption, to the extent feasible, shall be preceded by notice to the City
and Subscribers and shall occur during periods of minimum use of Cable Service.
2.
Technical
Standards. The technical standards used in the provision
of Cable Service shall comply, at minimum, with the technical standards
promulgated by the FCC (47 C.F.R. 76.601 to 76.617), as may be amended or modified
from time to time, which regulations are expressly incorporated herein by
reference.
3.
Performance
Review and System Testing. In the event City finds that there are signal
or performance difficulties, which may constitute violations of applicable FCC
technical standards or this Franchise, Grantee shall be notified and afforded
ten (10) days to correct the problems or complaints. If the performance difficulty is not resolved
after the cure period has elapsed in City’s sole determination, City may require
Grantee to demonstrate compliance via testing or other means selected by the
Grantee.
4.
FCC
Reports. Upon request, Grantee shall file with City
all required FCC technical reports, which pertain to signal quality.
5.
Regulation
of Service Rates.
a.
The City
may regulate rates for the provision of Cable Service to the extent allowed
under federal or state law(s).
b.
A list
of Grantee’s current residential Subscriber rates and charges shall be
maintained on file with the City and shall be available for public inspection. Grantee shall give the City and Subscribers
written notice of any change in a rate or charge in accordance with any
applicable FCC requirements, unless such change arises from changes in
regulatory fees, franchise fees, access costs or franchise imposed costs.
6. Sales
Procedures. Grantee shall not
exercise deceptive sales procedures when marketing any of its services within
City. Grantee shall have the right to
market consistent with local ordinances and other applicable laws and
regulations.
7. Telephone
Inquiries and Complaints.
a. Availability Grantee
will maintain local, toll‑free or collect call telephone access lines
which will be available to its Subscribers 24 hours a day, seven days a
week. During Normal Business Hours,
trained representatives of Grantee shall be available to respond to Subscriber
inquiries. Grantee will ensure that: (1)
an adequate number of trained company representatives will be available to
respond to customer telephone inquiries during Normal Business Hours, and; (2)
after Normal Business Hours, the access line will be answered by a trained
company representative or a service or an automated response system such as an
answering machine. Inquiries received
after Normal Business Hours must be responded to by a trained company
representative on the next business day.
b. Telephone
Answer Time and Busy Signals Under
Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when
the connection is made. If the call needs to be transferred, transfer time
shall not exceed thirty (30) seconds. These standards shall be met no less than
ninety (90) percent of the time under Normal Operating Conditions, measured on
a quarterly basis. Under Normal
Operating Conditions, the customer will receive a busy signal less than three
(3) percent of the time. The Grantee
will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards in Sections 5.7(a) and (b)
unless an historical record of complaints indicates a clear failure to comply.
8. Installation, Outage and Service
Calls. Under Normal Operating
Conditions which will exclude the initial deployment period, each of the
following standards will be met no less than ninety five (95) percent of the
time measured on a quarterly basis: (1)
Excluding conditions beyond the control of Grantee which prevent performance,
Grantee will begin working on service interruptions promptly, and in no event
later than twenty-four (24) hours after the interruption becomes known, and
Grantee must begin actions to correct other service problems the next business
day after notification of the service problem and resolve such problems as soon
as is reasonably possible; (2) The “appointment window” alternatives for
Installations, service calls, and other installation activities will be either
a specific time or, at maximum, a four‑hour time block during Normal
Business Hours. The Grantee may schedule
service calls and other installation activities outside of Normal Business
Hours for the convenience of the customer; (3) Grantee may not cancel an
appointment with a customer after the close of business on the business day
prior to the scheduled appointment; (4) If a representative of Grantee is
running late for an appointment with a customer and will not be able to keep
the appointment as scheduled, the customer will be contacted. The appointment
will be rescheduled, as necessary, at a time during Normal Business Hours,
which is convenient for the customer.
9.
Complaint
and Other Service Records Subject to Grantee’s obligation to maintain the
privacy of certain information, at City's request Grantee shall prepare and
maintain written records of all complaints received and the resolution of such
complaints, including the date of such resolution. Such written records shall be on file at the
office of Grantee. Upon request, Grantee
shall periodically provide the City with a written summary of such complaints
and their resolution.
10.
Subscriber
Contracts. Grantee shall provide to City upon request
any standard form Subscriber contract utilized by Grantee. If no such written contract exists, Grantee
shall provide a document completely and concisely stating the length and terms
of the Subscriber contract offered to customers.
11.
Billing
and Subscriber Communications. Grantee must give Subscribers thirty (30)
days advance written notice with copy to City before any changes in rates,
programming services, or channel positions.
Bills must be clear, concise, and understandable, with itemization
including but not limited to, basic and premium charges and equipment charges.
12.
Refunds
and Credits. If Service is interrupted or discontinued for
24 or more consecutive hours and Grantee has notice of such interruption,
Subscribers shall be credited pro rata for such interruption beginning with the
date of notice of interruption. In the
event a Subscriber establishes or terminates Service and receives less than a
full month’s Service, Grantee shall prorate the monthly rate on the basis of
the number of days in the period for which Service was rendered to the number
of days in the billing. Refund checks
will be issued promptly, but no later than thirty (30) days from the date of
the return of the equipment supplied by the Grantee if Service is terminated.
13.
Local
Office. Grantee shall maintain a drop
box within the service area for receiving Subscriber payments after hours. Payments at Grantee’s drop box location shall
be deemed received on the date such payments are picked up by Grantee, which
shall occur no less than twice weekly.
14.
Additional
Customer Service Requirements. The City may adopt additional or modified customer
service requirements to address subscriber concerns or complaints.
SECTION 6.
INSTITUTIONAL SERVICES PROVISIONS
1. Public, Educational and Government
Access.
a.
PEG
Programming. The Grantee shall operate, administer, and
manage public, educational and governmental access programming pursuant to this
Franchise. The Grantee shall establish
rules pertaining to the administration of the specially designated access
channel. Upon request, Grantee shall
provide coverage of regular City Council meetings and such other governmental
meetings held in City Hall as the City may direct.
b.
PEG Channels. Grantee shall
dedicate one (1) channel for public, educational and governmental access
programming use. Nothing herein shall
diminish the City’s rights to secure additional channels pursuant to Minn.
Stat. § 238.084, which is expressly incorporated herein by reference.
c.
PEG
Availability. Grantee shall provide to each of its
Subscribers who receive all, or part of, the total Cable Services offered over
its Cable System, reception on the access channel free of charge. The specially designated access channel may
be used by the public, local educational authorities and local government on a
first-come, first-served, nondiscriminatory basis. During those hours that the specially
designated access channels are not being used by the public, local educational
authorities or local government, the Grantee may lease time to commercial or
noncommercial users on a first-come, first-served, nondiscriminatory basis if
the demand for that time arises. Grantee
may also use the specially designated access channels for local origination
during those hours when the channel is not otherwise in use.
d.
Charges for
Use.
Channel time and playback of prerecorded programming on the access must
be provided without charge to the City and the public.
e.
Spectrum. The VHF
spectrum shall be used for the specially designated access channel.
f.
Access
Equipment. The Grantee provides the minimal equipment
necessary to comply with Section 6.1.a above.
In addition, the Grantee shall make readily available for use, upon need
being shown, at least the minimal equipment necessary to perform good quality
playback of prerecorded programming and to make it possible to record programs
at remote locations with battery operated portable equipment. Need shall be determined by subscriber
petition which, to be successful, must contain the signatures of at least 100
subscribers.
2.
Service to
Public Buildings. Grantee shall provide, free of charge, a
Drop, outlet and monthly basic and expanded basic Cable Service (currently
marketed under One Star and Two Star Plans) to City Hall,
3.
Activated
Two-Way Capacity. Grantee shall provide two-way activated
capacity allowing live or recorded cablecast of programming from City Hall and
such other site(s) as may be mutually agreed to by Grantee and the City.
SECTION 7.
OPERATION AND ADMINISTRATION PROVISIONS
1.
Administration
of Franchise. The City shall
have authority to administer the Franchise and to monitor the performance of
the Grantee pursuant to the Franchise.
The City Manager or his designee shall have continuing regulatory
jurisdiction and supervision over the Services described herein and the
Grantee’s operation under this Franchise.
2.
Franchise
Fee.
a.
During
the term of this Franchise, Grantee shall pay to the City a Franchise Fee in an
annual amount of up to 5 percent (5%) of its Gross Revenues. The Franchise Fee shall initially be set at
the amount identified in Exhibit A. The City may by Resolution annually modify the
amount of the Franchise Fee. The City
shall provide notice of any modification in the Franchise Fee amount to Grantee
on or before November 1st.
Any change in the Franchise Fee amount shall be effective on January 1st
of the following year.
b.
Any
payments due under this provision shall be payable quarterly. The payment shall be made within sixty (60)
days of the end of each of Grantee’s current fiscal quarters together with a
report in form reasonably acceptable to City and Grantee and which shows the
basis for the computation.
c.
All
amounts paid shall be subject to audit and recompilation by the City and
acceptance of any payment shall not be construed, as an accord that the amount
paid is in fact the correct amount.