§ 33-18.7. Fees.

(a)

Amount and calculation of fees.

(1)

The annual fee shall be five (5) percent of gross revenues for service provided by the franchisee in the City of Irving servicing dumpsters, roll-off containers, compactor containers, collection in refuse vehicles or collecting and hauling refuse in open top trucks, owned or not owned by the franchisee, that is serviced by the franchisee used in the City of Irving.

(2)

The calculation of gross revenues generated from operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with its operation within the city. Gross revenues shall include, but are not limited to revenues received from the collection and disposal of all solid waste, whether by a company bearing franchisee's name or a company owned or controlled by franchisee but operating under a different name.

(b)

That portion of the annual fee attributable to subsection (a)(1) above must be paid in a manner and on a schedule approved by the director.

(c)

The annual fee shall be paid quarterly, no later than thirty (30) days after the end of each calendar quarter. The payment shall be made to the City of Irving Financial Services Department. No refund of a fee will be made.

(d)

Fee payments received after the due date shall be subject to interest at the rate of twelve (12) percent per annum until the fees are paid in full. In addition, delinquent fees shall be subject to a late payment penalty of five (5) percent for each month or portion thereof that the fees are outstanding. In no event, however, shall the penalties exceed twenty-five (25) percent of the total delinquent fees nor shall interest charged exceed the maximum rate allowed by law.

(Ord. No. 8256, § 3, 12-4-03; Ord. No. 2017-9981, § 1, 9-21-17 )