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4 failure to pay franchise fees over the period from January 1, 1999 to December 31, 2001 in an amount of $80,968 including interest as set forth in the December 23, 2002 report of Lewis and Associates; and WHEREAS , on April 21, 2003, the City Council passed a resolution finding that Ad elphia was in violation of Section 10.01(C) of the Franchise for failure to remit the outstanding franchise fees and auditor’s full costs and expenses; and WHEREAS , the April 21, 2003 resolution and exhibits are incorporated by reference as if set forth fu lly herein; and WHEREAS , on April 29, 2003, Adelphia’s legal counsel sent a letter to the City Attorney’s office advising that Adelphia disputed the resolution and would provide additional information regarding advertising revenues; and WHEREAS , Lewis and Associates received additional information regarding advertising revenues at the end of May 2003, and has revised the audit findings in light of the additional information; and WHEREAS , the revised audit findings from Lewis and Associates indicate that Ade lphia has failed to pay franchise fees over the period from January 1, 1999 to December 31, 2002, in an amount of $41,037.00, including interest through June 4, 2003, as set forth in the June 4, 2003 report of Lewis and Associates, (a copy of which is atta ched as Exhibit A and incorporated herein by reference); and WHEREAS , Section 10.01 (C) of the Franchise provides that where an independent auditor finds that there has been an underpayment, Adelphia shall pay promptly all outstanding franchise fees and i nterest; and WHEREAS , Section 10.01(C) of the Franchise provides that when the City conducts an audit of franchise fee payments and the independent auditor determines that a discrepancy which favors the City in excess of three percent (3%) exists, that the Grantee shall pay the auditor’s full costs and expenses as well as all outstanding franchise fees; and WHEREAS , on June 13, 2003, the City Attorney’s office sent a letter (a copy of which is attached as Exhibit B and incorporated herein by reference) to Adelphia’s legal counsel advising of the adjusted audit findings and requesting (1) that Adelphia pay the outstanding franchise fees and the costs of the audit; and (2) that Adelphia provide a written explanation explaining the underpayment and the steps c urrently being taken to ensure that such underpayment is not ongoing and will not occur in the future; and WHEREAS , as the date of this resolution, Adelphia has not paid the outstanding franchise fees or provided a written explanation as requested by the C ity Attorney’s office; and WHEREAS , pursuant to Section 10.06(A) of the Franchise, if the City finds that Adelphia has violated one or more terms of the Franchise it must provide Adelphia written notice of the violation; and WHEREAS , Section 10.06(A) of th e Franchise provides that Adelphia is to be given twenty (20) days within which to cure the alleged violation or the City may thereafter draw from the security fund required under the Franchise; and WHEREAS , Section 10.05 provides that the applicable penal ty for failure to comply with a provision of the Franchise shall be One Hundred and No/100 Dollars ($100.00) per day. NOW, THEREFORE , the City Council for the City of Charlottesville, Virginia resolves and makes the following Findings of Fact: 1. Each and ev ery WHEREAS clause is incorporated herein and deemed to be a finding by Council.