SEC. 11.21. AMOUNT.

   (a)   Grantee Fees. In consideration of the grant and exercise of a Franchise to construct, install, operate, or provide Services using, Facilities in the Public Rights-of-Way, a Grantee shall pay to the City a Franchise Fee expressed as a percentage of Gross Revenues or some other measure. The Franchise shall specify the fee to be paid, and the Gross Revenues to be included in the fee calculation. If a Franchise granted pursuant to this Chapter specifies a Franchise Fee established as the result of limiting Applicable Law, the City shall have the option to renegotiate the amount of the Franchise Fee upon a change in Applicable Law pursuant to the process set forth in Section 11.70 below. In considering changes to the Franchise Fee amount, the City shall consider the impact on consumers of any pass through that may be permitted. Nothing herein requires a Person to pay amounts in excess of any limits that may be established by state or federal law.

   (b)   UVPP Fees. A UVPP that provides Services using a Cable System for which charges are assessed to Subscribers, but are not received by the Cable System Grantee, shall pay a fee in lieu of a Franchise Fee on such Service pursuant to the Franchise Fee calculation contained in the Cable System Franchise.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.22. PAYMENT.

   Unless otherwise specified in a Franchise, Grantees and Operators shall pay the Franchise Fee due to the City on a quarterly basis. Payment for each quarter shall be made to the City Controller not later than forty (40) City business days after the end of each calendar quarter.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.23. GRANTEE RESPONSIBILITY FOR FEES OF THIRD PARTIES.

   A Grantee shall fully cooperate with the City in collection of Franchise Fees owed to the City by any Person using the Grantee's Facilities.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.24. FRANCHISE FEES OWED BY GAS AND ELECTRIC GRANTEES.

   Nothing in this Chapter is intended to waive the City's authority to collect franchise fee surcharges pursuant to Division 3, Chapter 2.5 of the California Public Utilities Code.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.25. ACCEPTANCE OF PAYMENT NOT A RELEASE.

   No acceptance by the City of any Franchise Fee payment shall be construed as an accord that the amount paid is in fact the correct amount owed, nor shall such acceptance of such Franchise Fee payment be construed as a release of any claim the City may have for additional sums payable.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.26. FEE DISPUTES.

   In the event of any good faith dispute between a Person owing Franchise Fees and the City regarding the amount of Franchise Fees owed the City, the Person alleged to owe the Franchise Fees shall place the amount in dispute in an escrow fund from which, once the dispute is resolved, the Franchise Fees plus interest at the rate of the City's pooled funds shall be paid to the appropriate party.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)