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JUN 5 1985 <br />BOOK NG <br />Section XV, FRANCHISE FEE, Paragraph 1., should be reworded <br />as follows: "The Utility hereby agrees to pay to the County a <br />franchise fee in the amount of 6% of the Utility's gross receipts <br />(which includes the rate of return) or operating costs in the <br />event Utility does not have a rate schedule (or the sum of $500, <br />whichever is greater), derived from monthly service charges to <br />defray the cost of regulation and for use of County right-of-way <br />and public places. The Utility shall pay the 6% franchise fee <br />quarterly. Said fee shall be shown as a separate additional <br />charge on utility bills." <br />Attorney Brandenburg noted that the numbers for the two and <br />one half percent renewal and replacement account were not typed <br />with the correct symbol for the # and this should be corrected to <br />2-1/2o both under Section XV and Section XVI. <br />Attorney Brandenburg then informed the Board that the new <br />potential owner has requested that a new section be added on the <br />last page of the proposed.Resolution, as follows: <br />"It is expressly understood and agreed upon by and between <br />the Utility and the County that that certain agreement between <br />the Franchisee/Utility and the County, dated the 5th day of June, <br />1985, which is attached to this resolution shall be a part of <br />this resolution and incorporated herein and the terms of the <br />agreement and the franchise shall be construed consistently with <br />each other and read in pari materia so as not to be in conflict <br />or not construed independently from the other. <br />"The Utility shall be entitled to mortgage the real estate <br />within the Territory, the franchise granted hereby and/or <br />facilities and equipment used to operate the franchise, without <br />the consent of the County. Any mortgagee which shall later <br />acquire title to the real property, the franchise and/or such <br />facilities and equipment, through foreclosure, deed in lieu of <br />foreclosure or through a designee purchaser at any such <br />foreclosure sale, shall, at such mortgagee's option, auto - <br />88 <br />M M W <br />