(a) The amount of the franchise fees prescribed by Section 11-1.1502 of this article has been established pursuant to limitations set forth in Section 602 of the Act.
(b) In the event such limitations upon the amount of franchise fees, during the term of any franchise issued pursuant to the provisions of this chapter, should be increased or eliminated, the grantee, upon a request by the County, shall enter into negotiations with the County for the purpose of formulating a mutually agreeable increase in the franchise fees prescribed by said Section 11-1.1502.
(c) Any agreement relating to such an increase shall be embodied in a written contract between the County and the grantee, which shall be deemed to amend said Section 11-1.1502 respecting the amount of the fees. If, within ninety (90) calendar days following the date of a request by the County for negotiations, mutual agreement has not been reached respecting an amendment of the provisions of said Section 11-1.1502 increasing the fees, the Board may cause written notice of its request to arbitrate to be mailed to each concerned grantee and the County. The notice shall specifically identify the amount of increase in fees which the Board desires to submit to arbitration and shall describe the nature and amount of uncompensated costs which the County incurs or desires to incur in administering the franchise or franchises and promoting, assisting, and regulating the various types of access use.
(d) The arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, a decision made, and the costs divided in the manner prescribed by Sections 1-1.1214 through 11-1.1219 of Article 12 of this chapter. Parties to the arbitration proceeding may include each grantee who would be affected by an amendment of said Section 11-1.1502 and the County. The questions which may be submitted to the arbitration panel and the jurisdiction of the panel shall be limited to:
(1) The interpretation of the provisions of the franchise documents solely in relation to the determination required by subsection (e)of this section; and
(2) The amount, if any, by which the franchise fees prescribed by said Section 11-1.1502 may be increased.
(e) The arbitration panel shall authorize an increase in the franchise fees by an amount which the panel finds is justified by actual (including past uncompensated) or proposed costs incurred by the County in administering each franchise issued pursuant to the provisions of Sections 11-1.901 through 11-1.905 of Article 9 of this chapter provided that the annual franchise fee shall under no circumstances exceed ten (10%) percent per year of a grantee’s annual gross revenues. In the event more than one franchise is issued pursuant to the provisions of this chapter, the arbitration panel shall establish such an amount with respect to each grantee. Any increase ordered by the arbitration panel shall be deemed to amend the provisions of said Section 11-1.1502 respecting the amount of fees. The County shall be authorized to amend said Section 11-1.1502 by increasing the franchise fees by any amount authorized under the decision of the arbitration panel.
(f) Negotiations and arbitration proceedings pursuant to this section may be initiated by the County not more frequently than once each year during the remainder of the term of any franchise issued pursuant to the provisions of this chapter following the increase of or elimination of the statutory and regulatory limitations upon the amount of franchise fees which may be charged under State and Federal laws.
(g) The arbitration award pursuant to this section may be judicially enforced, shall be final, binding, and conclusive upon the parties, and shall not be subject to judicial review or vacation, except on the grounds set forth in Section 1286.2 of the Code of Civil Procedure of the State. (§ 1, Ord. 961, eff. October 27, 1983, as amended by § 17, Ord. 999, eff. March 7, 1985)