Within 60 days after the close of its first fiscal year after acceptance of a franchise, and 60 days after the close of each succeeding quarter thereafter during the life of the franchise, a grantee under this article shall pay to the county for the privilege of constructing, operating, and maintaining the CATV system as defined in section 22-33, and for the privilege of providing the CATV system as defined in section 22-33, during the preceding period, a sum equal to three percent of its gross revenues during the period. Provided, that if it shall be lawful for the county to receive a franchise fee or charge in excess of three percent of gross revenues, any franchise granted under this article may be negotiated or renegotiated to require a larger percentage of gross revenues to be paid to the county. Within 45 days after the expiration of the grantee's fiscal year, the grantee shall file with the county a financial statement prepared by a certified public accountant, or other person satisfactory to the board of commissioners showing in detail the gross annual receipts of the grantee during such fiscal year. The payment of this fee is in addition to any ad valorem taxes which the county may levy on the grantee's real or personal property and other regular taxes on businesses. At any time during the three fiscal years following the payment of the fee, the county shall have the right to inspect the grantee's records showing the gross subscriber revenue from which these payments are computed and the right to audit and recomputation of any and all amounts under this article. Acceptance of payments under this article 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 article or for the performance of any other obligations under this article. In the event of holding over after expiration or other termination of any franchise granted under this article, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than 100 percent of its total gross profits during such period.
(Ord. of 10-5-1981, § 12.11)