§ 92-5. Fees.
General payment. The grantee shall pay to the County during the life of the franchise a
sum equal to 5% of the gross annual revenues per year in the areas of the County's
jurisdiction pursuant to § 92-1 of this Chapter. Said sum shall be paid quarterly and
within 30 days from the end of each quarter. The grantee shall file with the County
annually within 60 days after the expiration of the grantee's fiscal year a financial
statement prepared according to generally accepted accounting procedures and certified
by the chief financial officer of the grantee showing in detail the gross annual revenues
per year in the areas of the County's jurisdiction pursuant to § 92-1 of this Chapter during
the preceding quarters. It shall be the duty of grantee to pay to the County within 60 days
after the time for filing such statement the sum, if any, due and not paid during the
preceding quarters. For purposes of the franchise, all payments thereafter shall be made
to the Henderson County Finance Officer. In the event that any payment is not made on
or before the applicable date fixed in the franchise agreement, interest on such payment
shall apply from such date at a rate of 18% annually.
Effect of acceptance. No acceptance of any payment by the County shall be construed as
a release of or an accord or satisfaction of any claim the County might have for further or
additional sums payable under the terms of the franchise granted by this chapter or for
any performance or obligation of the grantee hereunder.
Taxes. The payment of any and all fees by the grantee is in addition to any ad valorem
taxes which the County may levy on the grantee's real or personal property and is in
addition to any other tax which may lawfully be levied by other governmental units.
Amendments. The County reserves the right to amend the franchise fee at any time
during the term of the franchise and upon 30 days' notice to the grantee, but said fee shall
be no higher than the maximum allowable by the FCC or other regulatory agency.