<div class="chunk-title">Sec. 23-57. - Franchise fees.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Imposed.</span> Because the county finds that the grant to the grantee of a franchise is a valuable
               property right, and the administration of this article and the franchise imposes upon
               the county additional regulatory responsibility and expense, 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 of the gross annual revenues, or
               such amount as may be set from time to time by the board and in accordance with applicable
               law. 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 certified public accountant, reflecting the total
               amounts of annual gross revenues and the above charges and computations for the period
               covered by the payment.
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               (b)
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               <span class="ital">Franchise fee in addition to other tax or payment.</span> This payment shall be in addition to any other tax or payment of general applicability
               (including any such payment assessed on both utilities and cable operators or their
               services) owed to the governments 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 of general applicability
               which are now or may be required hereafter to be paid by any federal, state, or local
               law.
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               (c)
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               <span class="ital">Acceptance by the 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> 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.
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               (e)
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               <span class="ital">Payments to be made quarterly.</span> The franchisee fee shall be payable quarterly to the County of Durham County. The
               grantee shall file a complete and accurate verified statement 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 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.
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               (f)
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               <span class="ital">The 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 in arrears
               by five percent 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.
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            <p class="historynote0">
               (Ord. of 10-10-05, Â§ 25-102)
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