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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)
(a) Nothing in this article shall be deemed or construed to impair or affect, in any way, to any extent, any right of the county to acquire the property of the grantee, either by purchase or through the exercise of eminent domain.
(b) The county reserves the right to amend any section or part of this article.
(c) At all reasonable times, the grantee shall permit any duly authorized representative of the county:
(1) To examine any and all financial records maintained by or under the control of the grantee relating to all revenue obtained by it from its operations under the franchise.
(2) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its permit.
(3) To inspect any and all installations owned, maintained, or used by the grantee in its operations under its franchise including all towers, cables and other components of the grantee's CATV system.
(d) The grantee shall indemnify and save harmless the county, its officers and employees, from and against any and all claims, demands, actions, suits, and proceedings by others, and against all liability to others, arising out of the exercise or enjoyment of its franchise, including, but not limited to, any liability for damages by reason of or arising out of any failure of the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees.
(e) Concurrently with the filing of the written acceptance, as required in section 22-35, the grantee shall file with the county manager, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof a good and sufficient liability insurance policy or policies, providing a minimum coverage for personal injuries to each person in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office; coverage for all personal injuries in each accident in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office; and coverage for all property damage in each accident in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office. The policy or policies shall name the county as an additional insured and shall be for the purpose of insuring the county against any damages to it and any and all legal liability, court costs, claim or demand for personal injury, death or property damage arising out of the operations of the grantee under this article or its franchise. Any coverage of the grantee in addition to the above minimum limits shall also name the county as an additional insured and/or beneficiary.
(f) Faithful performance bond. The grantee shall, concurrently with the effective date of the franchise ordinance, post with the county and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee's sole cost and expense either:
(1) A corporate surety bond issued by a responsible insurance company licensed to do business in the state and approved by the county in the amount of five percent of the total estimated construction costs, renewable annually, and conditioned upon the faithful performance of the grantee of all the provisions of the franchise agreement and this article, and upon the further condition that if the grantee shall fail to comply with any one or more of the provisions of the franchise agreement or this article, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond, such condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations arising out of the acceptance of this franchise or renewal by the grantee or from the exercise of any privileges or rights granted in this section or the performance of any covenants or obligations imposed by this section. The bond shall provide that at least 30 days' prior written notice of intention not to renew, cancellation or material change, be given to the county by filing the same with the county manager; or
(2) A letter of credit in a form approved by the county manager to the county in the amount of five percent of the estimated construction costs issued by a local lending institution approved by the county and payable upon demand by the county. This letter of credit shall be used to protect the county from the same contingencies as enumerated in subsection (f)(1) of this section for a corporate surety bond.
(Ord. of 10-5-1981, § 12.12)
(a) Unless otherwise limited by this article, the franchise area shall include the area specifically described in the franchise or delineated on tax maps of the county and attached to the franchise. Neither this article nor the franchise itself shall affect the rights of any other cable television franchise holding a governmental franchise in the area.
(b) Subject to section 22-39(c) the grantee shall make cable television service available to all residents of the franchise area who apply therefor and are willing to pay the various service rates and installation and/or reconnection charges established by the grantee pursuant to the terms of this article, the grantee's application and franchise ordinance unless the franchise shall specify otherwise.
(Ord. of 10-5-1981, § 12.13)
The grantee shall pay the county a sum of money which will reimburse all costs and expenses incurred by it in connection with preparation of the franchise agreement, and the granting of a franchise, including, but not limited to, consultant fees, attorneys' fees, publication fees, travel expenses and all other direct costs; provided, however, that such costs and expenses shall not exceed the sum of $2,500.00 and the county shall submit a detailed schedule of all such costs. Such payment shall be made within 30 days after the county furnishes the grantee with a written statement of such expenses.
(Ord. of 10-5-1981, § 12.14)
Secs. 22-45—22-70. - Reserved.