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2015-013 Council Ordinances
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2015-013 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
12/28/2015
Council Meeting Type
Regular
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applicability, except as expressly permitted by law. The Grantee shall not apply <br />nor seek to apply all or any part of the amount of said franchise fee payments as a <br />deduction or other credit from or against any of said taxes or fees of general <br />applicability, except as expressly permitted by law. Nor shall the Grantee apply <br />or seek to apply all or any part of the amount of any of said taxes or fees of <br />general applicability as a deduction or other credit from or against any of its <br />franchise fee obligations, except as expressly permitted by law. <br />8.4 Access to Records. <br />To the extent such documents are related to Grantee's compliance with this Franchise or <br />applicable law (the burden to allege and, if so alleged, the initial burden to demonstrate <br />that such requested documents are not related to Grantee's compliance with this <br />Franchise or applicable law shall be the Grantee's), the City/Commission shall have the <br />right to inspect or copy any records or documents maintained by Grantee (or maintained <br />by an Affiliate on behalf of the Grantee, to the extent that review of such record or <br />document maintained by the Affiliate on behalf of the Grantee is necessary in order for <br />the City/Commission to enforce compliance with this Franchise) upon reasonable notice <br />and during Grantee's administrative office hours, or require Grantee to provide copies of <br />records and documents within a reasonable time, on a confidential and proprietary basis, <br />to the extent such records and documents otherwise qualify as nonpublic, confidential, <br />trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's <br />request, the Grantee shall provide to the City and/or the Commission copies of any <br />records or documents that cannot be reasonably argued pursuant to applicable law to be <br />nonpublic, confidential, trade secret or proprietary. <br />8.5 Reports and Maps to be Filed with City. <br />8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a <br />report of all Gross Revenues in a form and substance as required by the City or <br />the Commission. <br />8.5.2 The Grantee shall prepare and furnish to the City or the Commission, at the times <br />and in the form prescribed, such other reports with respect to Grantee's operations <br />pursuant to this Franchise as the City or the Commission may require. The City <br />and the Commission shall use their best efforts to protect proprietary or trade <br />secret information all consistent with State and federal law. <br />8.5.3 If required by the City and/or the Commission, the Grantee shall make available <br />to the City and/or the Commission the maps, plats and permanent records of the <br />location and character of all facilities constructed, including underground <br />facilities, and Grantee shall upon request make available to the City and the <br />Commission updates of such maps, plats and permanent records annually if <br />changes have been made in the System. <br />35 <br />
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