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(a) The franchise fee paid pursuant to Section 2.10.250, or fee in lieu of franchise fee paid pursuant to Section 2.10.350, shall be paid quarterly unless specified otherwise 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) Unless a franchise provides otherwise, a franchisee or other entity subject to a fee under Section 2.10.250 or Section 2.10.350 shall file with the cable coordinator 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) No acceptance by the city of any payment shall be construed as an accord and satisfaction that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a waiver or release of any claim the city may have for additional sums payable.
(d) Neither the franchise fee under Section 2.10.250, nor the fee paid in lieu of the franchise fee under Section 2.10.350, is a payment in lieu of any tax, fee or other assessment of general applicability (including any such tax, fee or assessment imposed on utilities, cable and OVS operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable and OVS system operators or cable subscribers).
(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 from the due date at the highest interest rate allowed by California law.
(f) 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 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 shall be certified as required by Section 2.10.090(c)(1).
(Ord. 4636 § 15, 2000)