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6 resolution before Council will put Adelphia on fo rmal notice that they are in violation of their franchise agreement. Ms. Linda Peacock, Assistant City Manager, said that the City's consultants have repeatedly requested data from Adelphia regarding the advertising revenue, but has had to rely on nation al data averages in order to complete the audit. Using this information, the consultant has determined that Adelphia owes the City $80,968 in unpaid franchise fee payments and related late fees and interest. Ms. Peacock said the if Council approves the r esolution, Adelphia has 20 days to cure the violation. If Adelphia disputes the violation, it may appeal to City Council. Responding to a question from Mr. Schilling, Ms. Peacock said that the dispute is over the form in which the information is provide d, and includes the availability of accurate subscriber data and regional expense allocation. Responding to questions from Mr. Schilling about the security fund, Ms. Peacock said that the penalty will be $100 per day, and the original security fund amou nted to $25,000, though she does not know the current amount in the fund. Mr. Caravati, a member of the franchise study committee, noted that the City's consultant and staff attorneys supports this move. Mr. Lynch said that in reading letters between A delphia and the consultant, it appears that Adelphia's response to the request for information was that it would take too much staff time to provide. Given the amount of money involved, he said he does not know why Adelphia would not want to make the effo rt. Mr. Lon Carruth, General Manager of Adelphia, said there is a tremendous discrepancy between the advertising figure used by Adelphia and the consultant. Mr. Carruth said that while he was not present, he understands that the consultant had agreed in a telephone conversation to accept the information in a consolidated form. Mr. Carruth said the feeling is that the consultant is holding Adelphia to a higher standard than what is required in other localities. Mr. Caravati made a motion to approve the resolution. Ms. Richards, also a member of the franchise study committee, seconded the motion. She said that the consultant has a national reputation, and has repeatedly asked for information from Adelphia that was not forthcoming. Ms. Richards said in the absence of the information from Adelphia, the consultant had to use national averages. She said she did not see any other alternative other than using these estimates. Mr. Caravati said the intent of the resolution is to turn the friction with Adelp hia into traction. He said he thinks the request to Adelphia was reasonable. The resolution was approved by the following vote. Ayes: Mr. Caravati, Mr. Cox, Mr. Lynch, Ms. Richards, Mr. Schilling. Noes: None. WHEREAS , on or about May 28, 1992, the C ity of Charlottesville, Virginia (“City”) granted a Cable Television Franchise Ordinance (“Franchise”) to Multi - Channel Cable TV Company (“MCCTV”); and WHEREAS , MCCTV’s rights under the City’s Franchise were transferred and assigned to Adelphia Communica tions (“Adelphia”), and City consented to and approved of said transfer and assignment; and WHEREAS , Section 10.01(A) of the Franchise provides that Adelphia shall pay to the City a Franchise Fee equal to five percent of its gross revenues; and WHEREAS , Section 10.01(E) of the Franchise provides that in the event any payment is not made on the due date, simple interest on the amount due shall accrue from such date at the annual rate of twelve percent;