(A) The franchise fee paid pursuant to Section 13-5-1-22 and the fee in lieu of franchise fee paid pursuant to Sections 13-5-1-28(H), (I) shall be paid quarterly, unless otherwise specified in a franchise. Payment for each quarter shall be made to the city not later than 45 days after the end of each calendar quarter. The city prefers receipt of franchise payments in electronic format. Grantee shall use an Automated Clearing House (ACH) standard format. Payments will be made according to instructions provided by the city and to credit the Common Fund account at the city's fiscal agent bank, currently Bank of America, New Mexico.
(B) Unless a franchise expressly provides otherwise, a grantee or other person subject to a fee under Sections 13-5-1-28(H) and (I) shall file with the city within 45 days of the end of each calendar quarter a statement showing gross revenues during the preceding quarter and the number of subscribers served.
(C) No acceptance of any payment by the city shall be construed as a release or an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of the grantee.
(D) Neither the franchise fee under Section 13-5-1-22, nor the fee paid in lieu of the franchise fee under Sections 13-5-1-28(H) and (I), is a payment in lieu of any tax, fee or other assessment of general applicability, and all such payments are subject to applicable federal law and regulations affecting franchise fees.
(E) 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, 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 3% 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) Within 90 days of the date a grantee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the grantee (or its successor in interest) shall:
(1) Make a final franchise fee payment, covering the period from the end of prior calendar month to date the grantee ceased operations; and
(2) 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 13-5-1-14(C)(3)(a).
(Ord. 24-2002)