Ordinance No. 20167 - Laserfiche WebLink

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services rendered to customers within the Eugene city limits, including Grantee's revenues received from resellers based on resellers' services to customers within the Eugene city limits. Telecommunications services includes voice and data services, including Internet-enabling transmission services. Revenue from equipment sales is exempt. In the event Grantee becomes a reseller to customers within the Eugene city limits, Grantee may deduct the cost of leasing lines from another provider for that purpose before calculation of gross revenues. Grantee shall make quarterly payments to City on or before the 15th of each April, July, Goober, and January for the immediately preceding quarter. within thirty ~30~ days of the termination of this franchise, Grantee shall pay a pro rata fee for the period from the end of the prior calendar year to the date of termination in addition to any other sums due the City, In its sale discretion and with Grantee's concurrence, City may accept voluntary in-kind services by Grantee in lieu of all or a portion of the franchise fee. To the extent permitted by the Qregon Public Records Law, City shall protect from public disclosure Grantee's revenue information on which payments hereunder are based, and Grantee's proprietary buildWout plans. Section 10. with each franchise fee payment, Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The payment of the franchise fee shall not be credited toward the payment of property taxes or payments in lieu thereof, nor toward any sales or income tax adopted by the City, nor toward any permit fees required by the Eugene Code,1971. City shall have the right to audit Grantee's records to verify that the franchise fee has been correctly computed and paid by Grantee. Grantee shall reimburse City for the reasonable costs of such audit if the audit discloses that Grantee has paid 95% or less of the fee owing for the period of the audit. Section 11. The privileges and franchise herein granted shall continue and be in force for a period of twenty X20} years from and after the date this Grdinance becomes effective; provided, however, that either City or Grantee may, upon at least thirty X30} days written notice to the other prior to the expiration of each fve ~5}year period from the effective date of this franchise, or upon the final court decision in the litigation involving Grdinance No. 20053, open this agreement to negotiate provisions therein including the right-ofwway useloccupancy fee. The negotiations and dispute resolution, if any, shall be governed by the principle that, to the extent possible, the terms of this franchise shall be consistent with local, state and federal law in existence at the time of renegotiation. The timing of negotiation shall be such as allows City sufficient time to adopt an ordinance in response to the final court decision. Section 1Z. This Grdinance shall take effect and be in force from and after its passage and approval and acceptance by Grantee. Grantee shall, within thirty X30) days of the passage of this Ordinance, f le with the City Recorder its written acceptance of all the terms and conditions of this Grdinance. Passed by the City Council this Z7th day of September,1999 V /-~ ~1~ V t City Recorder Approved by the Mayor this Z7th day of September, 1999 Mayo Grdinance - 3