§ 74-122. Nonexclusive franchise fee requirement; monthly fees; reporting requirements.

(a)

All franchised commercial collection service operators shall be required to pay to the city a nonexclusive franchise fee of $12,500.00 per year, payable upon approval of the franchise and on the renewal date of the franchise during the second and third years of the franchise term. This fee shall be in addition to the monthly franchise fee and the business tax charged by the city.

(b)

The franchisee shall, each month, within 15 days of the last day of the previous month, deliver to the finance director or designee:

(1)

A true and correct statement of the number of cubic yards collected per account during the previous month within the city, certified correct and signed by a company or corporate official.

(2)

Payment of monthly commercial collection fees, in the amount of $1.00 per cubic yard.

(3)

A listing, as of the reporting date, of the customer names and address of each location served, the number of cubic yards collected monthly per account, and the rates charged each account by the franchisee for commercial collection services.

(c)

No property owner may share a commercial collection account with another property owner.

(d)

Any company or corporation seeking to renew its annual occupational license pursuant to the provisions of chapter 82 of this Code shall, in addition to the requirements set forth therein, provide the city with evidence of payment of all franchise and monthly commercial collection fees imposed by the provisions of this chapter as a condition to reissuance or renewal of such occupational license.

(e)

Each franchisee shall allow city auditors, during regular business hours, and after reasonable notice, to audit, inspect and examine the franchisee's fiscal books, records and tax returns, insofar as they relate to city accounts, to confirm the franchisees' compliance with this section. If the franchisee fails to pay accurate monthly commercial collection fees, the unpaid fees shall bear interest at the rate of one percent per month on the outstanding balance until fully paid, and the franchisee shall be liable to the city for all expenses of collection, including court costs and reasonable attorneys' fees. Failure to accurately pay monthly commercial collection fees may be cause for revocation of the franchise, as provided in this chapter and allowed by law.

(Ord. No. 3944-06, § 5, 11-6-2006)