<div class="chunk-title">Sec. 40-68. - Fees.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Findings; imposed.</span> The county finds that:
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               (1)
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               The streets of the county and state 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 county and state at great expense to its taxpayers.
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               (2)
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               The grant to the grantee to the streets is a valuable property right without which
               the grantee would be required to invest substantial capital in right-of-way costs
               and acquisitions.
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               (3)
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               The administration of this article and the franchise imposes upon the county additional
               regulatory responsibility and expense.
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               Therefore, the grantee of any franchise under this article shall pay to the county
               a franchise fee of five percent of the gross annual revenues. The annual franchise
               fee shall be in addition to any other fee, and the obligation to pay such fees shall
               commence as of the effective date of the franchise. The county shall be furnished
               a statement of the payment by a certified public accountant, reflecting the total
               amounts of annual gross revenues and such charges and commutations for the period
               covered by the payment.
               </p>
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               (b)
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               <span class="ital">Fee in addition to other tax or payment.</span> This payment shall be in addition to any other tax or payment owed to the governments
               or other taxing jurisdiction by the grantee. Payment of the franchise fee made by
               the 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 or may be required to be paid by any
               federal, state, or local law.
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               (c)
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               <span class="ital">Acceptance by county.</span> No acceptance of any 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 article or for the performance of any other
               obligation of the grantee.
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               (d)
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               <span class="ital">Failure to make required payment.</span> If any franchise payment is not made on or before the dates specified in this article,
               the 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 primary depository bank during the period that such unpaid amount is owed.
               </p>
            		
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               (e)
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               <span class="ital">Annual payments.</span> The franchise fee and any other cost or damage assessed against the grantee shall
               be payable annually to the county. The grantee shall file a complete and accurate
               verified statement of all gross revenues within the franchise area during the period
               for which such annual payment is made, and such payment shall be made to the county
               no later than 45 days following the end of each calendar year.
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               (f)
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               <span class="ital">County's right of inspection.</span> 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 article.
               Audits shall be at the expense of the grantee, if the grantee is found to be five
               percent in arrears or more. Any additional amount due the county as a result of the
               audit shall be paid within 30 days following written notice to the grantee by the
               county, which notice shall include a copy of the audit report. However, nothing in
               this subsection is intended to deny the grantee the right to contest determinations
               made by the county.
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            <p class="historynote0">
               (Code 1995, Â§ 517.023)
               </p></div>