§ 8.61.160. Nonexclusive franchise fees.

A.

Each franchisee granted a franchise pursuant to this chapter shall pay a franchise fee to the city during the term of such franchise which shall be assessed from the date on which the ordinance granting the franchise becomes effective. The franchise fee shall be in the amounts and in the manner set forth in a resolution adopted by the city council and may be modified by the city council at any time during the term of any franchise.

B.

Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Section 41900 et seq., or any successor provision, the resolution shall prescribe a specific percentage of the fee for preparing, adopting and implementing an integrated waste management plan consistent with City Resolution No. 6738 adopting the city's Source Reduction and Recycling Element required by Assembly Bill 939. That portion of the fee shall be separately accounted for and shall be used only for the costs stated in Public Revenues Code, Section 41901, or any successor provision.

C.

The first payment of franchise fees shall be due and payable by franchisee on a date specified in the franchise agreement, but not later than sixty days after the end of the first calendar month in which the ordinance granting the franchise becomes effective, and thereafter payments shall be due and payable every month thereafter. Each payment shall be calculated in accordance with the provisions of the resolution adopted by the city council pursuant to subsection A of this section.

D.

On the first day of every month, the franchisee shall pay the required franchise fee to the city's director of public works. Each payment shall be accompanied by a form, provided by the director, verified by the franchisee or a duly authorized representative of the franchisee, showing in such form and detail as the director of public works may prescribe, the calculation of the franchise fee payable by the franchisee and such other information as the director of public works may require as material to a determination of the amount due.

E.

No statement filed under this section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the city from collecting by appropriate action the sum that is actually due and payable.

F.

The payment to the city by the franchisee pursuant to this chapter shall be in addition to any license fee or business tax prescribed by the city for the same period.

(Ord. 6916 § 20, 2002; Ord. 6510 § 2 (part), 1992)

(Ord. No. 7154, § 17, 11-24-2008)