A. Privilege Tax Imposed: A privilege tax of seven percent (7%) is hereby imposed on the Gross Revenues of any telecommunications carrier using the City's streets, alleys, or highways that is not operating under a franchise granted pursuant to WVC 5.26.110 to 5.26.160.

B. Definition of Gross Revenue: As used in this section, "gross revenue" means those revenues derived from exchange access services, as defined in ORS 403.105, less net uncollectibles from such revenues.

C. Payment Dates: Tax payments shall be made quarterly on or before 45 days after the end of the preceding quarter.

D. Audit: The City shall have the right to conduct or cause to be conducted an audit of gross revenues as defined herein for the purpose of ascertaining whether the telecommunications carrier's tax payments have met the requirements of this Section. Any undisputed differences of payment due either the City or the telecommunications carrier following audit shall be payable within thirty (30) days after written notice to the affected party.

E. Interest on Late Payments: In the event the privilege tax is not paid on or before the due date, interest shall be owed on the tax in the amount of nine percent (9%) from the date due to the date on which payment is received by the City, compounded daily.

F. Franchise Required: Nothing in this section is intended to excuse a telecommunications carrier from the obligation to obtain a franchise as provided in this Chapter or from compliance with any other requirement of Chapter 5.26. Acceptance of privilege tax payments pursuant to this Section is not to be construed as a waiver by the City of such requirements. At any time, the City may demand a telecommunications carrier to obtain the required franchise requirement or remove its facilities from the City's streets, alleys and highways, as provided in Chapter 5.26. (Ord. 12-2004 section, 2004.)