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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-78. Procedures for paying franchise fees and fees in lieu of franchise fees.

(a) The franchise fee paid pursuant to Article 3, and the fee in lieu of franchise fee paid pursuant to Article 4 shall be paid quarterly unless otherwise specified in a franchise.

(b) Unless a franchise ordinance expressly provides otherwise, a franchisee or other person subject to a fee under Article 3 or 4 shall file with the County 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 by the County of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the County may have for additional sums payable or otherwise related to that payment.

(d) Neither the franchise fee under Article 3, nor the fee paid in lieu of the franchise fee under Article 4, is a payment in lieu of any tax, fee or other assessment.

(e) In the event that a fee payment is not received by the County on or before the due date set forth in this section or in a franchise ordinance, or the fee owed is not fully paid within that time, 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 three percent 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 franchisee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the franchisee (or its successor in interest) shall: (A) make a final franchise fee payment, covering the period from the end of prior calendar month to date the franchisee ceased operations; and (B) 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 B10-73(b)(1).

(Ord. No. NS-905, § 2, 12-13-05)

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