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Title: 5 - Business Regulations

Chapter: 08 - CATV Systems

Section: 60 - FranchisePayments

Any grantee granted a franchise under this chapter may be required to pay the county, during the life of such franchise, an amount of up to five percent of the gross annual receipts of the grantee. Such payment by the grantee to the county shall be made annually or as otherwise provided in the grantee\'s franchise, by delivery of the same to the county clerk. The amount of the payment shall be determined by the board of supervisors and may be imposed or modified upon any rate increase request or transfer approval request by the franchisee.

The grantee shall file with the county, within thirty days after the expiration of any calendar year or portion thereof during which such franchise is in force, a financial statement prepared by a certified public accountant, or person otherwise satisfactory to the board, showing in detail the gross annual receipts, as defined herein, of grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay the county, within fifteen days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements.

The county shall have the right to inspect the grantee\'s records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under this chapter. No acceptance of any payment shall 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 chapter or for the performance of any other obligation hereunder. In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than one hundred percent of its total gross profits during the period.

 

(Ord. 81-23 § 1, 1981 Ord. 72-6 § 6, 1972.)