§ 21. General financial provisions.

(a)

Franchise fee. In the event of a change of law which authorizes the County to impose a Franchise fee or tax on cable services, then as compensation for a Franchise and in consideration of permission to use the rights-of-way of the County for the construction, operation and maintenance, of a Cable System, and to defray the costs of regulation, each Franchisee shall pay to the County the maximum amount allowed by federal and state law, or if federal and state law do not address the issue of fees, then that amount agreed to in a Franchise Agreement, whichever is greater.

(b)

Manner of payment. If authorized by state and federal law, Franchisee shall pay the required amount to the County within forty-five (45) days following the end of each calendar quarter during the term of the Franchise Agreement. Should any additional monies be due to the County as a result of information contained in the annual financial report of the Franchisee or by audit, the Franchisee shall pay such additional monies to the County within sixty (60) days after the submission of said report to the County.

(c)

Late charge. If any payment required under this Ordinance or the Franchise Agreement is not actually received by the County on or before the applicable due date provided herein, the Franchisee shall pay interest thereon, from the due date to the date the payment is actually received by the County, at a rate equal to one and one-half per cent (1.5%) per month on the unpaid balance.

(d)

Delinquency. Should any of the Franchisee's payments required hereunder be delinquent for thirty (30) days, the County may in accordance with the procedures set forth herein with respect to Franchise violations declare the Franchisee in default and treat the same as a material breach of a Franchise Agreement. The Franchisee shall have the right to cure which if it does so shall serve to terminate any revocation proceedings the County may bring as a result of the delinquency.

(e)

Acceptance of payment. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the County may have for farther sums payable under the provisions of this article or a Franchise Agreement. All amounts paid shall be subject to audit and recomputation by the County.

(Ord. No. 2006-6, 2-28-06)