(A) Payment of franchise fee.
(1) Each grantee shall pay a franchise fee in an amount determined in the franchise agreement.
(2) In the event that any franchise fee payment or any recomputation amount is not paid by the due date, then interest shall accrue to the city from such due date at a rate equal to the interest rate then chargeable for unpaid federal income taxes (26 U.S.C. § 6621).
(3) In the event that a franchise is revoked prior to its expiration date, the grantee shall file with the city, within 30 days after the date of revocation, a financial statement certified by the grantee's chief financial officer or an independent certified public accountant clearly showing the gross revenues received by the grantee since the previous franchise fee payment period and shall pay at that time any franchise fees accrued as of the date of revocation.
(B) Not a tax or in lieu of any other tax or fee.
(1) Payment of the franchise fee shall not be considered in the nature of a tax, nor shall it be considered in lieu of other taxes or fees imposed by the city except to the extent that federal law requires such other taxes or fees to be considered part of the franchise fee.
(2) No grantee may designate the franchise fee as a tax in any communication to a subscriber.
(C) No accord or satisfaction. 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 due or for the performance of any other obligation of a grantee, or as an acknowledgement that the amount paid is the correct amount due.
(D) Allocation of discounts. For purposes of calculating franchise fee payments under applicable franchise provisions, any discount reflected in an aggregated bill for services which include cable services will be allocated proportionately to cable services.
(Ord. 2015-20, passed 11-10-2015)