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To the extent authorized by applicable law, there may be imposed, as a condition of the grant of a franchise and in consideration therefor, a franchise fee. Amount of such fee shall be established by the city council and shall be consistent for all franchises granted to businesses falling within the same specific business classification.

A. Any payment that may be due shall be due 30 days past the close of the grantee’s calendar or tax quarter for which revenue was received or 30 days past the invoice date received from the city.

B. In the event that any franchise payment is not received by the city on or before the applicable date due, interest shall be charged from such date at the rate of 12 percent per annum, or the statutory rate for judgments, whichever is less.

C. In addition, if any payment due is not paid by the due date, the city shall add a penalty of five percent of the amount due; and if the payment is not received on or before the last day of the month following the due date, the city shall add a total penalty of 10 percent of the amount due; and if the payment is not received on or before the last day of the second month following the due date, the city shall add a total penalty of 20 percent of the amount due.

D. In the event a franchise is revoked or otherwise terminated prior to its expiration date, a grantee shall file with the city, within 90 days of the date of revocation or termination, all payments due.

E. Nothing in this chapter shall limit the city’s authority to tax a grantee, or to collect any fee or charge permitted by law, and no immunity from any such obligations shall attach to a grantee by virtue of this chapter.

No acceptance of any payment by the city shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee, if applicable, or for the performance of any other obligation of the grantee. (Ord. 5532 § 2, 2004.)