§ 8A-129. License fee and public property charge.

(a)

Each Licensee shall pay to Miami-Dade County a quarterly License fee based upon the Licensee's gross receipts (as defined in Section 8A-126 of this article) during the preceding quarter in the following amounts:

(i)

Four (4) percent of gross revenues derived from the unincorporated areas of the County; and

(ii)

One (1) percent of gross revenues derived from the incorporated areas in the County.

The Licensee shall be allowed a credit for any payments to the County in reimbursement of expenses as provided in Section 8A-128(g) of this article.

(b)

Reserved.

(c)

In the event the total of the payments due from a Licensee to the County pursuant to Section 8A-129(a)(ii) above and the payments due a municipality pursuant to a municipal License or franchise exceeds five (5) percent of the Licensee's Gross Receipts, then the municipal License or franchise shall be superseded to the extent necessary to reduce the total payment to five (5) percent of the Licensee's Gross Receipts, within the one (1) percent required by Section 8A-129(a)(ii) being paid to the County and the balance being paid to the municipality.

(d)

For purposes of this Section 8A-129 "franchise fees" means any tax, fee or assessment of any kind imposed by a municipality on a Licensee solely because of its status as a CATV Licensee and does not include nonmonetary requirements such as, by way of example, services, facilities, or equipment, imposed by the municipal License or franchise; any taxes, fees, or assessments of general applicability; and any payments or capital costs for municipal public, educational, or governmental access facilities.

(e)

Nothing herein shall be construed, directly or indirectly, to authorize or direct any changes in existing municipal franchises or Licenses which would require the payment of additional franchise fees to municipalities.

(f)

The four (4) percent License fee specified in Section 8A-129(a)(i) above shall remain in effect with respect to each existing County License for the remainder of the particular License term. The County License fee in the unincorporated area of the County for all Licenses issued after December 1, 1985, and all renewals of existing Licenses shall be the maximum fee allowed by law.

(g)

All municipal ordinances, franchises and Licenses in conflict with this Section 8A-129 are hereby repealed to the extent of such conflict.

(Ord. No. 74-88, §§ 2, 13, 10-15-74; Ord. No. 85-68, § 1, 9-18-85)