§ 5.16.480. Procedures for paying franchise fees and fees in lieu of franchise fees.

A.

The franchise fee paid pursuant to Part 3, and the fee in lieu of franchise fee paid pursuant to Part 4 shall be paid quarterly unless otherwise specified in a franchise. Payment for each quarter shall be delivered to the city by check or electronic transfer not later than thirty (30) days after the end of each calendar quarter. Each payment made shall be accompanied by a report detailing how the payment was calculated.

B.

No acceptance by the city of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the city may have for additional sums payable or otherwise related to that payment.

C.

Neither the franchise fee under Part 3, nor the fee paid in lieu of the franchise fee under Part 4, is a payment in lieu of any tax, fee or other assessment.

D.

In the event that a fee payment is not received by the city on or before the due date set forth in this section or in a franchise ordinance, or the fee owed is not fully paid, the person subject to the fee will be charged interest on the outstanding amount owed from the due date at an interest rate equal to two percent above the rate for three-month Federal Treasury Bills, compounded daily, at the most recent United States Treasury Department sale of such Treasury Bills occurring prior to the due date of the franchise fee payment.

E.

Within ninety (90) days of the date a franchisee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the franchisee (or its successor in interest) shall: (A) make a final franchise fee payment, covering the period from the end of prior calendar month to date the franchisee ceased operations; and (B) file a final statement of gross revenues covering the period from the beginning of the calendar year in which the operations ceased to the date operations ceased. The statement shall contain the information and be certified as required by Section 5.16.430(C)(l).

(Ord. 12729 § 1 (part), 2006)