Part 7 — FRANCHISE FEES AND RECORDS

A.

Any grantee granted a franchise pursuant to the provisions of this chapter shall pay to the city during the life of such franchise, and at the time specified in this part, a sum of money equal to thirteen percent of the total "gross annual receipts" as the term "gross annual receipts" is defined in Section 15.36.070, above, collected or received by the grantee, or in any manner gained or derived by the grantee in any calendar year or portion thereof from the properties, operations, and business for which the grantee has been granted a franchise under the provisions of this chapter. The first such payment shall be due and payable to the city within thirty days from and after the end of the first ninety days following the effective date of the ordinance granting the franchise, and thereafter payments shall be due and payable in accordance with the provisions of Section 15.36.870.

B.

For any quarter or portion thereof, the city council may, by resolution, waive or reduce the amount of any police-generated tow franchise fee which has not accrued as of the date of the resolution. The foregoing waiver or reduction shall apply notwithstanding subsection A of this section, and shall be subject to any applicable laws.

(Ords. 20601, 20836, 22238, 22239.)

The franchise fee shall be paid to the city by delivery of the same to the city's director of finance.

(Ord. 20601.)

Franchise fee payments shall be made quarterly. Within thirty days from and after the end of each quarter of each calendar year, the grantee shall pay to the city the franchise fee for the immediately preceding quarter year.

(Ord. 20601.)

Each payment shall be accompanied by a statement, in duplicate, verified by grantee, or by a general officer or other duly authorized representative of the grantee, showing in such form and detail as the city's

director of finance may require from time to time the facts material to a determination of the amount due.

(Ord. 20601.)

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

(Ord. 20601.)

A.

The grantee shall at all times maintain accurate and complete records of each police-generated tow received, which said records shall contain the following information:

Name, address, and phone number of towee;

Vehicle identification number, license plate number, make, year, model, and color of each vehicle towed pursuant to a police-generated tow;

Date and time received for each police-generated tow;

Location from which vehicle was towed, and name or number of driver assigned to said police-generated tow;

Reason for tow, whether accident, impound, or other reason;

Date of release for each vehicle;

Name of party to whom the vehicle was released;

All fees or charges connected with said tow, showing specifically tow, storage, use of dolly or drive line labor, and lien sale in addition to the total of such charges or fees; and

Date that said charges were paid.

B.

Grantee shall remit, with each payment of franchise fee, a copy of the information required by subsection A, above, and shall also remit information containing the total number of police-generated tows received per month, and a list of vehicles still pending for disposition which said vehicles were towed or stored pursuant to a police-generated tow.

C.

The grantee shall at all times maintain accurate and complete accounts of all revenue and income arising out of its operations under said franchise. Grantee's books, accounts, and records shall at all times be open to inspection and examination by authorized officers, agents and employees of the city and shall be kept in such form as to enable such authorized officers, agents and employees to ascertain the amounts of money due the city and to determine such other facts as may be necessary to determine whether or not grantee is complying with the terms of said franchise. The right is reserved to the city of audit and recomputation of any and all amounts paid by grantee, and no acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable under such franchise or for the performance of any other obligation thereunder. In the event of any holding over after expiration or other termination of said franchise, without the consent of the city, the grantee shall pay to the city a reasonable compensation and damages, of not less than one hundred percent of its gross annual receipts during said period.

(Ord. 20601.)