2015-020 - Atmos franchise - Laserfiche WebLink

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support of the 100% recovery of such franchise fees by Company; and (iv) it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. G. Lease of System Facilities Within Public Rights -of -Way. Company shall have the right to lease, license, or otherwise grant to a party other than Company the use of its System Facilities within the Public Rights -of -Way provided: (i) Company first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the System Facilities, and the name and telephone number of a contact person associated with such lessee, licensee, or user; and (ii) Company makes the franchise fee payment due on the revenues from such lease pursuant to Section 13 of this Ordinance. This authority to lease System Facilities within Public Rights -of -Way shall not affect any such lessee, licensee, or user's obligation, if any, to pay franchise fees, access line fees, or similar Public Right -of -Way user fees. H. City shall endeavor to, within thirty (30) days of final approval and submission to the Texas Comptroller of Public Accounts, give Company notice of annexations and disannexations of territory by City, which notice shall include a map and addresses, if known. Upon receipt of said notice, Company shall promptly initiate a process to reclassify affected customers into the City limits no later than sixty (60) days after receipt of notice from City. The annexed areas added to the City limits will be included in future franchise payments in accordance with the effective date of the annexation if notice was timely received from City. Upon request from City, Company will provide documentation to verify that affected customers were appropriately reclassified and included for purposes of calculating franchise payments. SECTION 14. BOOKS AND RECORDS. A. Company agrees that at the time of each quarterly payment, Company shall also submit to the City a statement showing its Gross Revenues for the preceding calendar quarter. B. City may, if it sees fit, upon reasonable notice to the Company, have the books and records of Company examined by a representative of said City to ascertain the correctness of the reports agreed to be filed herein. Company shall make available, during normal working hours and upon reasonable notice, such personnel and records as City may in its reasonable discretion request in order to complete such audit, and shall make no charge to the City therefor. Company shall assist City in its review by providing all requested information no later than Page 14 4340964.4