(A) The franchisee shall pay to the county for the use of the streets and other facilities of the county in the operation of the CATV system in the county, 5% of the annual gross receipts of the franchisee. The franchisee shall file with the county within 90 days after December 31 of each year a financial statement showing the franchisee’s gross receipts during the preceding year. It shall be the duty of the franchisee to pay to the county at the time of the filing of the statement, the percentage of gross receipts for the preceding year.
(B) In event the franchise should be terminated or forfeited prior to the end of the basic 15-year term, the franchisee shall immediately submit to the county a financial statement prepared as before required, showing the gross receipts of the franchisee for the time elapsed since the last period for which the franchisee has paid to the county the required percentage of gross annual receipts, and the franchisee shall pay to the county not later than 30 days following the termination of the franchise, a like percentage of the gross receipts and any other sums legally due and owing to the county. In the event that any payment is not made on or before the applicable dates fixed by this section, interest on the payments shall apply from the date at the yearly rate of 10%.
(C) The county shall have the right to inspect the franchisee’s records showing the gross receipts from which its franchise payments are computed and shall have the right to audit and recompute any and all amounts paid under the franchise. No acceptance of any payment by the county shall be construed as a release of or an accord or satisfaction of any claim the county might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of the franchisee.
(D) Payments of compensation made by the franchisee to the county pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by any law of the United States, the state, the county or county’s various taxing authorities.
(Ord. 400.450.1, passed 10-17-1980; Ord. 400.450.1-A, passed 11-20-1981; Ord. KOC 05-450-276, passed 6-30-2005)