(A) Quarterly, the grantee shall pay to the town for the privilege of constructing, operating, and maintaining the CATV system, as defined herein, and for the privilege of providing the CATV service, as defined herein, during the ensuing fiscal year, a sum of up to 5% of its gross revenues, as defined herein, for its preceding quarter.
(B) The payment of the fee described in division (A) of this section shall be in addition to any charges, permits, licenses, utilities, taxes, services, and other costs or fees on real or personal property. Acceptance of payments hereunder shall not be construed as a release or as an accord and satisfaction of any claim the town 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 town, the grantee shall pay to the town reasonable compensation and damages of not less than 100% of its total gross profits during this period, or the town's actual loss, whichever is greater.
(C) In the event that the town elects to retain the services of a consultant or attorney to advise it in resolving a dispute or issue between the town and the grantee, or with regard to any matter of non- compliance arising under this chapter or the franchise agreement, the cost of the consultant or attorney shall be borne by the grantee. Notification shall be given to the cable operator before a consultant or attorney is retained.
(D) The grantee shall pay to the town a sum of money not to exceed $10,000 to reimburse the town for expenses incurred by it in connection with the granting of a franchise. This payment shall be made within 45 days after the grantee is furnished with a statement of such expense.
(E) The franchise fee provided for herein shall be reviewed at least every five years during the term of the franchise. The franchise fee, at the sole option of the town, shall be adjusted upward if the town determines that an upward adjustment is necessary in order to maintain a franchise fee at a level consistent with:
(1) Franchise fees being paid by cable television companies operating under similar conditions;
(2) The costs being incurred by the town in administering the franchise;
(3) The value of the grantee's right to use town streets and public easements;
(4) Any applicable statutes, laws, rules, and regulations.
(F) If the franchise fee is adjusted upward, the adjustment shall be effective at the beginning of the next immediate full quarter of the grantee's fiscal year in which the adjustment is made. The town may unilaterally adjust the franchise fee upward only after giving notice to the grantee and holding a hearing.
(G) The grantee is obligated to obtain pole space and other facilities from the town, private utilities, and other lawful users at its own expense and cost, at a rate which will be established in the franchise agreement.
(Ord. passed 7-21-86)