(A) Within 60 days after each quarter of its fiscal year, after acceptance of a franchise, the grantee shall pay to the county for constructing, operating and maintaining the cable telecommunications system as defined herein, and for the privilege of providing the cable telecommunications service as defined herein during the ensuing fiscal year, a sum equal to 5% of its gross revenue for its preceding quarter. The payment of this fee is in addition to any privilege or use tax or ad valorem taxes which the county may levy. At any time the County Board, its employees or other designated representative, shall have the right to inspect all financial documents. Acceptance of payments hereunder shall not be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this chapter or for the performance of any other obligations hereunder. In the event of holding over after expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than 100% of its total gross profits during the period.
(B) (1) The 5% franchise fee provided for herein shall be reviewed every five years during the term of this franchise, and the franchise fee, at the sole option of the County Board, shall be adjusted upward if the County Board determines that an upward adjustment is necessary in order to maintain the franchise fee at a level consistent with:
(a) Franchise fees being paid by cable telecommunications companies operating under similar conditions;
(b) The costs incurred by the county in administering this franchise;
(c) The value of the company's right to use county public ground, highways, roads, streets, alleys, sidewalks, greenways, public ways and utility easements as may be available; and
(d) Any applicable statutes, laws, rules and regulations.
(2) If the franchise fee is adjusted upward, the adjustment shall be effective at the beginning of the next immediate full quarter of the company's fiscal year during which the adjustment is made. The county may unilaterally adjust the franchise fee upward only after giving notice to the company and holding a hearing.
(C) The county, on an annual basis, shall be furnished a statement within 60 days of the close of the calendar year, certified by an official of the franchisee responsible for the system's financial statements, reflecting the total amounts of gross revenues as defined herein, and all payments, and computations for the previous calendar year.
(1) Upon ten days' prior written notice, the county shall have the right to conduct an independent audit of franchisee's records.
(2) If, after resolving any dispute arising from the audit, franchisee has made a franchise fee underpayment of 5% or more, the franchisee shall assume all reasonable costs of the audit. In other events, the county shall bear all costs associated with the audit.
(Ord. passed 3-25-1996)