A.    Fees Paid Quarterly. The franchise fee paid pursuant to Section 5.18.270, or fee in lieu of franchise fee paid pursuant to Section 5.18.370 shall be paid quarterly unless otherwise specified in a franchise. Payment for each quarter shall be made to the city not later than forty-five days after the end of each calendar quarter.

    B.    Quarterly Statement. Unless a franchise provides otherwise, a franchisee or other entity subject to a fee under Section 5.18.270 or 5.18.370 shall file with the city within forty-five days of the end of each calendar quarter a statement showing gross revenues during the preceding quarter and the number of subscribers served.

    C.    Acceptance of Payment Not a Release. 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.

    D.    Fee Not in Lieu of Taxes. Neither the franchise fee under Section 5.18.270, nor the fee paid in lieu of the franchise fee under Section 5.18.370, is a payment in lieu of any tax, fee or other assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable communications system operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against operators or subscribers).

    E.    Failure to Pay Franchise Fee. In the event that a fee payment is not received by the city on or before the due date set forth in the code or in a franchise, or the fee owed is not fully paid, the person subject to the fee will be charged interest from the due date at an interest rate equal to three percent above the rate for three-month Federal Treasury Bills at the most recent United States Treasury Department sale of such treasury bills occurring prior to the due date of the franchise fee payment.

    F.    Final Statement of Gross Revenues. Within ninety 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 shall 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 audited or certified as required by Section 5.18.160(C)(1). (Ord. 645 § 1 (part), 2004)