§ 56-47. Franchise fees.

(a)

Each franchisee shall pay to the city a franchise fee in an amount established by resolution of city council. The franchise fee shall be paid within 15 days of the city manager's approval and grant of a franchise pursuant to section 56-43 or within 15 days of the grant of the renewal request pursuant to section 56-44. The franchisee shall pay an interest rate of one percent per month on any and all delinquent payments.

(b)

Acceptance by the city of any payment from a franchisee of the franchise fee, or any part thereof, shall not constitute a waiver, or release, or accord and satisfaction of any claim the city may have against the franchisee for the performance of any obligation of the franchisee, including payment of any and all franchise fees.

(c)

The franchise fee payments shall be in addition to any and all taxes of a general nature or other fees or charges which the franchisee may be required to pay to the city or to any state or federal agency or authority, as required by law, all of which shall be separate and distinct obligations of the franchisee.

(d)

Except as allowed by law, a franchisee shall not apply any taxes, fees, or charges as a deduction or credit from or against any of the franchisee's franchise fees.

(e)

Should the franchise agreement be terminated by either party before its term has expired, the franchisee shall not be refunded any portion of the franchise fee.

( Ord. No. 2015-9 , § 2, 3-17-2015)