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AG 1998 02 16
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AG 1998 02 16
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Last modified
3/25/2002 6:04:26 PM
Creation date
11/27/2017 11:50:59 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/16/1998
Board
Board of Commissioners
Meeting Type
Regular
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agrees to comply with all applicable general laws and ordinances enacted by the County <br />pursuant to such power. <br /> <br /> B. Conflicts. Any conflict between the provisions of this Ordinance or the <br />Franchise and any other present or future lawful exercise of the County's police powers <br />shall be resolved in favor of the latter, except that any such exercise that is not of <br />general application in the jurisdiction or applies exclusively to Grantee or Cable <br />Television Systems which contains provisions inconsistent with this Ordinance shall <br />prevail only if, upon such exercise, the County finds an emergency exists constituting a <br />danger to health, safety, property or general welfare and such exercise is mandated by <br />law. <br /> <br />4.15 FRANCHISE FEES. <br /> <br />A. Because the County f'mds that: <br /> <br />the streets of the State, and County to be used by the Grantee in the <br />operation of its system within the boundaries of the Franchise area are <br />valuable public properties acquired and maintained by the State, and <br />County at great expense to its taxpayers; <br /> <br />(2) <br /> <br />the grant to the Grantee to the said streets is a valuable property right <br />without which the Grantee would be required to invest substantial capital <br />in right-of-way costs and acquisitions; <br /> <br />(3) <br /> <br />the administration of this Ordinance and the Franchise imposes upon the <br />County additional regulatory responsibility and expense; and <br /> <br />(4) <br /> <br />a Grantee of any Franchise hereunder shall pay to the County a <br />Franchise fee in an amount as designated in the Franchise, but in no <br />event less than five percent (5 %) of the gross annual revenues, or the <br />maximum amount permitted under applicable Federal, State, or Local <br />law, if such maximum is greater than five percent (5 %). The annual <br />Franchise payment shall be in addition to any other fee and shall <br />commence as of the effective date of the Franchise. The County shall be <br />furnished a statement of said payment by a Chief Financial Officer of the <br />Division operating the system in the County, reflecting the total amounts <br />of annual gross revenues and the above charges and computations for the <br />period covered by the payment. <br /> <br /> B. Franchise Fee in Addition to Other Tax or Payment. This payment. <br />shall be in addition to any other tax or payment owed to the County or other taxing <br />jurisdiction by the Grantee. Payment of the Franchise fee made by Grantee to the <br />County shah not be considered in the nature of a tax, but shall be in addition to any and <br /> <br /> <br />
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