AG 1998 03 16 - Laserfiche WebLink

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506 I]RAFT completion of the Franchise term. 4.14 POLICE POWERS. A. Police Powers. In accepting the Franchise, the Grantee acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the County pursuant to such power. B. Conflicts. Any conflict between the provisions of this Ordinance or the Franchise and any other present or future lawful exercise of the County's police powera shall be resolved in favor of the lat%er, except that any such exercise that is not of general application in the Jurisdiction or appiles exclusively to Grantee Or Cable Television Systems which contains provisions inconsistent wlth this Ordinance shall prevail only if, upon such exercise, the County flnds an emergency exists constituting a danger to health, safety, property or general welfare and such exercise ie mandated by law. 4.15 A. (1) FRANCHISE FEES. Because the County finds that: the streets of the State, and County to be used by the Grantee in the operation of its system within the boundaries of the Franchise area are valuable public properties acquired and maintained by the State, and County at great expense to its taxpayers; (2) the grant to the Grantee to the said streets is a valuable property right without which the Grantee would be required to invest substantial capital in right-of-way costs and acquisitions; (3) the administration of this Ordinance and the Franchise imposes upon the County additional regulatory responsibility and expense; and (4) a Grantee of any Franchise hereunder shall pay to the County a Franchise fee in an amount as designated in the Franchise, but in no event less than five percent (5%) of the gross annual revenues, or the maximum amount permitted under applicable Federal, State, or Local law, if such maximum is greater than five percent (5%). The annual Franchise payment shall be in addition to any other fee and shall commence as of the effective date of the Franchise. The County shall be furnished a statement of said payment by a Chief Financial Officer of the Division operating the system in the County, reflecting the total amounts of annual gross revenues and the above charges and computations for the period covered by the payment. B. Franchise Fee in Addition to Other Tax or Payment. This payment shall be in addition to any other tax or payment owed to the County or other taxing jurisdiction by the Grantee. Payment of the Franchise fee made by Grantee to the County shall'not be considered in the nature of a tax, but shall be in addition to any and all taxes which are now or may be required hereafter to be paid by any Federal, state, or Local law. C. Acceptance by the County. No acceptance of amy payment by the County 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 as a Franchise fee under this Ordinance or for the performance of any other obligation of the Grantee. D. Failure to Make Required Payment. In the event that any Franchise payment or recomputed amount is not made on or before the dates specified herein, Grantee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal to the commercial prime interest rate of the County's primary depository bank during the period that such unpaid amount is owed. E. Payments to be Made Quarterly. The Franchise fee and any other cost or damage assessed against the Grantee shall be payable quarterly to the County of Cabarrus. The Grantee shall file a complete and accurate statement (certified by an officer of the Grantee responsible for the System's financial statements) of all gross revenues within the Franchise area during the period for which said quarterly payment is made, and said payment shall be made to the County no later than forty-five (45) days following the end of each calendar quarter. Quarterly computation dates are the last day in the months of March, June, September and December. F. The county's Right of Inspection. The County shall have the right to inspect the Grantee's income records and the right to audit and to recompute any amounts determined to be payable under this Ordinance. Audits shall be at the expense of the County unless such audit shows the Grantee to be in arrears by five percent (5%). In such case, the Grantee shall reimburse the County for the actual out-of-pocket cost of the audit. Any additional amount due the County as a result of the audit shall be paid within thirty