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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />including but not limited to r~venues from customer usage <br />fees, equipment rental, maintenance agreements, service <br />contracts, equipment sale and any other charges for telephone <br />and telecommunications services. Toll service if provided by <br />other than equal access is included. <br /> <br />d) In the event applicable legislation permits a <br />franchise fee greater or lesser than 5%, the Grantee agrees <br />to renegotiate with the City/County a franchise fee as <br />permitted by law. In the event the City/County and Grantee <br />are unable to agree upon a franchise fee within ninety (90) <br />days after the effective date of legislation permitting that <br />change, that fee shall be determined by binding arbitration <br />in accordance with state law. <br /> <br />SECTION 16 CITY/COUNTY RIGHTS IN FRANCHISE <br /> <br />a) The right is hereby reserved to the City/county <br />to adopt, in addition to the provisions contained herein and <br />in existing applicable ordinances, such additional <br />regulations as it shall find necessary in the exercise of its <br />police power7 provided that such regulations, by ordinance or <br />otherwise, shall be reasonable and not in conflict with the <br />rights herein granted. <br /> <br />b) At the expiration of the term for which this <br />franchise is granted, or upon its termination and <br />cancellation, as provided for herein, the City/County shall <br />have the right-to require Grantee to remove, at its own <br />expense anð with dispatch, 'all portions of its systems from <br />the City/County streets, rights of way and public places. <br /> <br />c) The City/tounty hereby reserves the right at <br />and after the expiration of this Franchise, and the Grantee <br />hereby grants the City/County the right, to purchase all or <br />any part of the property of Grantees system operated within <br />the City/County municipal boundary hereunder, at fair market <br />value of the assets but with no value allocated to the <br />franchise itself. If fair market value of the assets cannot <br />be agreed to by City/County and Grantee such value shall be <br />determined by arbitration in accordance with state laws. <br /> <br />d) If the City/County elects to purchase said <br />property pursuant to the provisions hereof, it shall give <br />written notice of its election to the Grantee within sixty <br />(6Ø) days prior to the expiration of the term hereof. Upon <br />the exercise of this option by City/County and receipt of <br />payment as determined in accordance with applicable statues, <br /> <br />20 <br />