17.24.050 DEFINITIONS

A. The definition of a sexually oriented business and all other terms involving sexually oriented businesses which are not defined in this title shall have the meanings set forth in title 5 of this code. B. For purposes of sexually oriented businesses, "school" means an institution of learning or instruction primarily catering to minors, whether public or private, which is licensed as such facility by either the county, a city or the state. This definition shall include, but not be limited to, kindergartens, elementary schools, junior high schools, middle high schools, senior high schools, or any special institution of learning under the jurisdiction of the state department of education, but not including trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges. FEE SCHEDULE CACHE COUNTY CONSOLIDATED FEE SCHEDULE (Fees in addition to those set forth in this Consolidated Fee Schedule may be charged if such fees are otherwise allowed by County Ordinance or state statute) COMMON FEES FOR ALL COUNTY OFFICES Action Copy of Public Records Fee $0.50 per page Utah State Code Reference ATTORNEY’S OFFICE Action Fee Criminal Case Discharge $25 Utah State Code Reference CLERK/AUDITOR OFFICE General Clerk/Auditor Fees Action Fee Marriage License $50 Marriage Ceremony (In Office Only) $40 Certified Copy $10 Clerk Designee $10 Uncertified Copy $5 Signature Witnessing (Notary) $5 per signature Notary Acknowledgment (Notary) $5 per signature Electronic Copy $5 Dog License $10 per license. Approval by land use authority is required if licensing more than six dogs. Voter Information Request Action Fee Setup Fee (In addition to other charges) $20 List of Registered Voters $0.005 Per Name for electronic copy $0.01 Per Name for hard copy Purchase USB $10 Business Action Fee Home Occupation Business $10 Processing Fee Utah State Code Reference 62A-1-120 30-1-6 Utah State Code Reference 63-2-203 (10) 63-2-203 (10) Utah State Code Reference 5.04.040 Alcohol Consent (Includes Winery Manufacturing or Type 5 Package Agency must also pay for commercial business license) Contractors (Home is base of business but does contracting work away from home) Commercial Business (less than 10 employees) Commercial Business (more than 10 employees) Fire Inspection Fee Self-Inspection Fee Late Fee Late Fee (non-compliance after 45 days of notification) Temporary Business (nonpermanent basis or transit business person) Action GRAMA Fees $300 $100 $150 $250 $45 $0 $50 $500 $10 per calendar day of operation Fee The county shall charge a fee equivalent to the cost of services provided to an individual and any public or private agency for those individual's or agency's sole or personal use. Services or information provided to any individual or any agency for resale shall be charged at the fair market value of such services or information; provided, that such fee shall be never less than the full cost incurred by the county in the provision of such information or services. Cache County, after the first quarter hour of staff time, may charge an hourly charge, in increments of 15 minutes. The fee may not exceed the salary of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. 5.04.040 5.04.040 5.04.040 5.04.040 5.04.040 5.04.040 5.04.040 5.04.040 5.04.040 Utah State Code Reference CCC 2.64.100 63G-2203 DEVELOPMENT SERVICES DEPARTMENT Land Use Fees Action Fee Zoning Clearance - Primary Use Zoning Clearance - Accessory Use Special Event Permit Conditional Use Permit Rezone Resort Recreation Development Subdivision Subdivision Amendment Amendment to the Ordinance or General Plan $75 $30 $75 $600 $600 $15,000 $1,600 + $60/lot or parcel $1,560 + $60/lot or parcel $600 Utah State Code Reference 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 Variance Appeal Floodplain Permit Extension of Land Use Approval Agricultural Protection Area Record of Survey Annexation Review $300 $300 $25 $225 $450 $40/sheet $750 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 Building Fees Action Fee Utah State Code Reference Application Review1 Commercial <5M sq feet $1,000 17-27a-509 Commercial >5M sq feet $2,500 17-27a-509 Plan Review Fee Utah State Code Reference Residential 1/10 of 1% of the Building Permit Base Fee (Min. $20) 17-27a-509 Commercial 65% of Building Permit Base Fee2 17-27a-509 Building Permit Fee Utah State Code Reference Structure As established by the 1997 Uniform Building Code: Table 1A (Building Permit Base Fees)3 17-27a-509 Plumbing $7.00 per fixture (residential) 17-27a-509 Mechanical $15 per unit 17-27a-509 Electrical $0.04 per square foot of structure (residential) 17-27a-509 Demolition Permit Fee Utah State Code Reference Residential $80.60 17-27a-509 Commercial $141.20 17-27a-509 Electrical/Mechanical Replacement Service Fee Utah State Code Reference Residential $40.40 17-27a-509 Commercial $80.80 17-27a-509 HVAC Replacement - Residential Fee Utah State Code Reference Furnace Only $40.40 17-27a-509 Furnace and Duct Work $80.80 17-27a-509 Water Heater Replacement Residential $40.40 17-27a-509 Roof Reshingle - Paper, Ice Shield and Shingles $100.80 17-27a-509 1 Additional fees may be assessed based on the need for external consulting or engineering review as approved by the Director of Development Services or their designee. 2 Building permit fees may be assessed at double the listed rate if a building permit is not obtained prior to construction. 3 If work fails an inspection more than two times, or if work has not been completed prior to the arrival of the county inspector more than two times, or a combination of both, a $50 additional fee will be assessed for each related, subsequent inspection. 4 At the time the Building Permit is sold, the total Building Permit Fee is reduced by this amount. 5 May be reduced by the Chief Building Official based on the size and scope of the project. 6 Valuation amounts are set by square-foot and reviewed annually by the Chief Building Official. GIS Fees Action City GIS Services Collector App: One Login - field worker user type Server Software, storage space, and programming time Initial data scrub and import database One online web map with widgets Custom reports, geoprocessing widgets, and additional requests Technical support and staff training - Maximum of 5 hours GIS Programming Map Prints 8.5" x 11" 11" x 17" 24" x 36" 36" x 48" 42" x 60" Fee $350 per year $1,500 per year $0 - Existing Data $500 - Create Data $250 per year $45 per hour $100 per hour $50 per hour ($25 minimum) B&W / Color $0.25 / $1 $1.50 / $3 $10 / $20 $20 / $40 $27.50 / $55 Utah State Code Reference 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 Utah State Code Reference 17-27a-509 17-27a-509 17-27a-509 17-27a-509 17-27a-509 EVENTS CENTER AND FAIRGROUNDS DEPARTMENT Building Room For Private Unit Profit Rental Fee Fee Building Arena Riding Passes Cache Event Center Room Daily Riding Pass Family Day Pass Individual Riding Pass Family Riding Pass All Building Event Hall NE Function Room Unit (none) (none) Monthly Annual Seasonal Annual Seasonal Daily Daily Combo Daily Middle Daily North Daily South Hourly*/ For Profit Fee Private Rental Fee N/A $10 N/A N/A N/A N/A N/A N/A $1,500 $1,200 $20 $30 $90 $70 $125 $90 $1,000 $900 $900 $750 $500 $400 $500 $400 60/300 40/200 NonProfit Adult Fee NonProfit Adult Fee N/A N/A N/A N/A N/A N/A N/A $800 $750 $600 $350 $350 25/125 NonProfit Youth Fee NonProfit Youth Fee N/A N/A N/A N/A N/A N/A N/A $600 $500 $300 $200 $200 20/100 Comment Comment Arena Boardwalk Bowery Cow Barn Grand Stand Green Space Millburg er NW Function Room SW Function Room Kitchen Base Kitchen Full Cache Arena Outdoor Arena Roping Arena Concessions Bowery Cow Barn Grand Stand Green Space Infield Millburger Daily Maximum Daily Hourly*/ Daily Maximum Daily Daily Daily Daily Daily Daily Daily 60/30 0 60/30 0 $300 40/200 25/125 40/200 25/125 $300 $300 $500 50/450 50/450 $500 40/360 40/360 $500 30/270 30/270 50/450 $200 $100 $100 $300 $150 $150 $300 40/360 $150 $75 $75 $250 $75 $75 $250 30/270 $100 $50 $50 $200 $50 $50 $200 50 Bleachers Event $75 $50 $50 Misc Items Pig Barn Pit Stop Event Camping Non-Event Camping Water Truck Horse Stall Disc Golf Disc Golf Stage Spider Boxes Staff Labor Sheriff Sec. Fees 150 Bleachers Portable Stage Pig Barn Pit Stop Green Space Green Space Equipment Rental Green Space Infield Rental Rental Rate Event Event Daily Daily Daily Daily Hourly Monthly Overnight/ Event Daily (Prorated) Front 9/Daily Back 9/Daily Event Event Hourly $1,500 $650 $100 $300 $30 $35 $95 $80 $15 $3 $1000 $1000 $50 $25 $25 $1,500 $600 $75 $250 $50 $25 $25 $550 $50 $200 $50 $25 $25 20/100 20/100 $300 $500 25/225 25/225 25/225 $50 $40 $40 $100 $40 $40 $100 $50 $500 $40 $100 $50 $25 $25 $500 deposit $500 deposit $10/hr surcharge for cattle Delivery additional >5 miles Includes setup/take down TRT Included TRT Included $100 Damage Deposit Per platform Per box Ask for pricing *Hourly rate charge minimum of two hours applies even if the full two hours are not needed FIRE/EMS SERVICES DEPARTMENT Permits Action Fee Utah State Code Reference Zoning Clearance $120 New Construction Commercial with Sprinkler System $350 New Construction Commercial without Sprinkler System $120 Fire Self-Inspection Filing Fee $15 Business License Renewal Inspection $45 Special Event - Fireworks $60 Fire Standby Per MOD EMERGENCY MEDICAL SERVICES Action Fee Utah State Code Reference Ambulance Transportation Services Pursuant to Utah Code 26-8-4(18); Administrative Rule R426-1-8-2.3, and 4; the Utah Department of Health establishes and orders the maximum allowable rates for each fiscal year, which rate shall be the rate assessed by the Cache County Fire Department. Rates for each fiscal year are listed at https://rules.utah.gov/publicat/code/r4 26008.htm#T2 Ambulance Supplies Two times actual cost Ambulance Report $ 10 per report IT DEPARTMENT Action Action CORE - Basic Taxation Information CORE - Online Property Documents and Full Access One Time CORE - Online Property Documents and Full Access Monthly Ongoing Subscription CORE - Online Property Documents and Full Access Annual Ongoing Subscription Online Bulk Records Raw Data Manual Export Predefined Manual Data Export Manual Data Export for Data Available Online General Fees Fee General Fees Fee $0 $10/day $80/month $960/year $0.02/record (Total amount varies by request/query) $16.85 minimum charge (1/2 hour of lowest paid qualified technician's hourly wage) $0.02/record $0.03/record Utah State Code Reference Utah State Code Reference LIBRARY Check-Outs Action Late Fees Book Late Fee DVD Late Fee Fee $0.05 per day $1.00 per day Utah State Code Reference RECORDER'S OFFICE Action Fee Action Fee Recording: Standard Recording Fee for any instrument not otherwise outlined in this $40 schedule. Each additional legal description over ten for any instrument containing more than ten legal descriptions $2 per description For Recording Any Plat $50 per sheet Each lot or unit designation for any plat $2 per lot or unit Physical Copies: Unassisted Print of Recorded Documents $1 for first page. $0.25 for each additional page Staff Assisted Copy/Print of Recorded Document $2 per page Copy of Ownership Plat 18 x 18 $8 per sheet Copy of Any Plat 24 x 36 $10 per sheet Certification of Document Copy $5 + Copy Fee Digital Copies: Recorded Documents (StaffAssisted via email) $1.00 per instrument Unlimited Recorded Documents (Via Core Daily Subscription) $10.00 per day Unlimited Recorded Documents (Via Core Monthly Subscription) $80.00 per month Unlimited Recorded Documents (Via Core Yearly Subscription) $960.00 per year * The recorder may not record any instrument, furnish any copies, or provide any service connected with the office, until the fees prescribed by law have been paid or have been authorized to be paid electronically. Utah State Code Reference Utah State Code Reference § 17-21-18.5(1)(a) § 17-21-18.5(1)(b) § 17-21-18.5(3)(c) § 17-21-18.5(3)(c) § 17-21-18.5(3)(a) § 17-21-18.5(3)(a) § 17-21 -18.5(3)(a) § 17-21-18.5(3)(a) § 17-21-18.5(3)(b) § 17-21-18.5(3)(a) § 17-21-18.5(3)(a) § 17-21-18.5(3)(a) § 17-21-18.5(3)(a) § 17-21-18 SHERIFF'S OFFICE Action Sex Offender Registration Civil Processes DNA Background Report GRAMA Requests (Incident Reports) CD (photos) CD (video) General Fees Fee $20 $10 $20 $20 minimum (please inquire) Utah State Code Reference 17-22-2.5 17-22-2.5 17-22-2.5 Redactions $20 per hour Jail Fees Action Fee Jail Records $10 Jail Work Diversion $10 per day Work Release $20 per day when out Dr. Visit Copay $15 Nurse Visit Copay $5 Nurse Practitioner Copay $15 Pharmacy Copay $15 Stock Meds $15 Dentist Copay $15 Bear River Mental Health Visit $5 Medical Forms $1.50 Medical Lab Tests $15 EKG Tests $15 Medical fees are not charged to State or Federal inmates. The medical costs associated with these inmates are covered with our housing contracts with these agencies. Probation Fees Action Fee Monthly Probation Fee $30 Initial Risk Assessment Fee $10 Initial UA Test $10 Random Office UA Test $10 CCSO Probation Pre-Sentence Report $60 Probation Ankle Monitor $6 per day Probation Alcohol Monitor $5 per day TREASURER'S OFFICE Payment Processing Action Fee Debit Card Credit Card Action Late Penalty November 30 Jan 31st Jan 31st or After Interest after January 1st $3.95 for any amount 2.45% of payment amount ($1.95 minimum) Delinquencies Fee Payments are due on November 30 each year. If the 30th falls on a weekend, it is due the following business day. Late fees are as follows: 1% or $ 10, whichever is greater 2.5% or $10, whichever is greater 6% above Federal Discount Rale Utah State Code Reference 59-2-1331 59-2-1331 59-2-1331 59-2-1331 UTILITY BILLING Action General Fees Fee Utah State Code Reference Paper Statements Electronic Statements Annual Advance Payment Monthly Late Fee $3 $1 $0 1.5% PUBLIC WORKS DEPARTMENT Action Encroachment Permit Minor Work Encroachment Permit Major Work Encroachment Pennit Extension Permit Fees Fee $50 $250 (min. Bond fee $500) $150 (6 month max) Land Disturbance Permit $75 for SWPPP Review $300 for Single Family Dwelling Design Exception to Road Standards Action County Engineer Staff Engineer Public Works Inspector Superintendent Foreman Crew Lead Equipment Operator 1 Equipment Operator 2 Equipment Operator 3 Part time Employee Seasonal Employee Action Asphalt Paver Chipper Heavy Duty Equipment Medium Duty Equipment Light Duty Equipment Heavy Duty Trucks Medium Duty Trucks Light Duty Passenger Materials $200 for Developments Less than 1 acre $400 for Developments Greater than 1 acre and $100 for each additional acre. $80 Personnel Fee $90 $70 $50 $70 $60 $50 $30 $35 $40 $25 $20 Equipment and Material Rates Fee $185 $185 $145 $85 $25 $125 $100 $25 Cost plus 10% Comments Projects lasting more than one year will be charged a monthly inspection fee of $50. Comments Per hour Per hour Per hour Per hour Per hour Per hour Per hour Per hour Per hour Per hour Per hour Comments Per hour with operator Per hour with operator Per hour with operator Per hour with operator Per hour with operator Per hour with operator Per hour with operator Per hour with operator FRANCHISES Questar Gas Company JWB Cable Company Rocky Mountain Power ORDINANCE NO. 2007-06 DATE April 24, 2007 AN ORDINANCE GRANTING TO QUESTAR GAS COMPANY A FRANCHISE FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A GAS DISTRIBUTION SYSTEM IN CACHE COUNTY, STATE OF UTAH. Questar Gas Company, a Utah corporation, (Questar Gas) desires to construct, maintain and operate a gas distribution system within the unincorporated area of Cache County; and The Cache County Council has determined that it is in the best interest of the citizens of the Cache County to grant a franchise to Questar Gas to use the roads and streets within Cache County for such purpose: NOW, THEREFORE, the Cache County Council ordains as follows: 1. Grant of Franchise. The County grants to Questar Gas a nonexclusive franchise (Franchise) to construct, maintain and operate in the present and future roads, streets, alleys, highways, and other public rights-of-way within Cache County unincorporated limits, including any property annexed or otherwise acquired by the Cache County after the effective date of this Franchise, (collectively, Streets) a distribution system for furnishing natural and manufactured gas to the County and its inhabitants for heating and other purposes. Questar Gas shall have the right to erect, construct, equip and maintain along, over and under the Streets a system of mains, pipes, laterals and related equipment (Facilities) as are reasonably necessary for supplying gas service in accordance with this Franchise. 2. Consideration. In consideration of this Franchise, Questar Gas shall pay to County the sum of $50.00 upon acceptance of this Franchise and shall provide gas service in accordance with the terms of this Franchise. 3. Term. This Franchise is granted for an initial term of twenty (20) years. At the expiration of the initial term, the Franchise shall continue in effect upon the same terms and conditions for up to two additional terms (each of which is a renewal period) of fifteen (15) years each. The County may terminate the Franchise at the end of the initial term, or any renewal period, by giving Questar Gas written notice of the County's intent to so terminate not less than ninety (90) calendar days before the expiration of the initial term or any renewal period. 4. Acceptance. Within sixty (60) days after the passage of this ordinance, Questar Gas shall file with the County an unconditional written acceptance of the Franchise declaring its acceptance of the Franchise and its intention to be bound by the terms and conditions of the Franchise. 5. Construction and Maintenance of Facilities. All Facilities shall be constructed and installed so as to interfere as little as possible with traffic over and public use of the Streets and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the Streets. All Facilities shall be constructed in accordance with established gas distribution construction practices and in a manner which protects the Facilities from all traffic loads. All Facilities that are installed during the term of the Franchise shall be sited without unreasonable additional cost to Questar Gas to be visually unobtrusive and to preserve the natural beauty and neighborhood aesthetics within the unincorporated County limits. Questar Gas shall repair or replace, at its own expense, any and all rights of way, pavements, sidewalks, street improvements, excavations, other facilities, landscaping, or other improvements, public or private, that it damages in the Franchise operations. 6. Compliance with Ordinances--Conflict. Questar Gas shall comply with all County ordinances, regulations and requirements and shall pay all applicable excavation fees and charges that are or may be prescribed by the County with respect to the construction, maintenance and operation of all Facilities. However, these obligations shall apply only as long as such ordinances, regulations, requirements or fees are not preempted by or otherwise in conflict with any applicable statutory or constitutional law, rule or regulation, or the tariffs approved by regulatory bodies having jurisdiction over Questar Gas, including this Franchise and any lawful revisions made and accepted by Questar Gas during the term of the Franchise. The County shall have the right to inspect the construction, operation and maintenance of the Facilities to ensure the proper compliance with applicable County ordinances, regulations and requirements. In the event Questar Gas should fail to comply with the terms of any County ordinance, regulation or requirement, the County shall give Questar Gas written notice of such non-compliance and the time for correction provided by ordinance or a reasonable time for correction if there is no applicable ordinance. After written notice and failure of Questar Gas to make correction, the County may, at its sole risk, make such correction itself and charge the cost to Questar Gas including any minimum cost provided by ordinance. Nothing in this Franchise limits Questar Gas' right to oppose any ordinance, either existing, proposed, or adopted from and after the effective date of this Franchise. 7. Information Exchange. Upon request by either the County or Questar Gas, as reasonably necessary, Questar Gas and the County shall meet for the purpose of exchanging information and documents regarding construction and other similar work within the unincorporated County limits, with a view towards coordinating their respective activities in those areas where such coordination may prove mutually beneficial. Any information regarding future capital improvements that may involve land acquisition shall be treated with confidentiality upon request to the extent that the County may lawfully do so. 8. Relocation. Upon written notice to Questar Gas, the County may require the relocation and removal or reinstallation (collectively, Relocation) of any Facilities located in, on, along, over, across, through, or under any of the Streets. After receipt of such written notice, Questar Gas shall diligently begin such Relocation of its Facilities as may be reasonably necessary to meet the County's requirements. The Relocation of Facilities by Questar Gas shall be at no cost to the County if (i) such request is for the protection of the public health, safety and welfare pursuant to lawful authority delegated to the County; (ii) the Facilities have been installed pursuant to this or any other Questar Gas franchise and not pursuant to a property or other similar right, including, but not limited to, a right-of-way, grant, permit, or license from a state, federal, municipal or private entity; and (iii) the County provides a new location for the Facilities. Otherwise, a Relocation required by the County pursuant to such written notice shall be at the County's expense. Following Relocation of any Facilities, Questar Gas may maintain and operate such Facilities in a new location within County limits without additional payment. If a County project is funded by federal or state monies that include an amount allocated to defray the expenses of Relocation of Facilities, then the County shall compensate Questar Gas up to the extent of such amount for any Relocation costs mandated by the project to the extent that the County actually receives such federal or state funds. Notwithstanding the preceding paragraph, Questar Gas shall not be responsible for any costs associated with an authorized County project that are not attributable to Questar Gas' Facilities in the Streets. Further, all such costs shall be allocated among all utilities or other persons whose facilities or property are subject to Relocation due to an authorized County project. 9. Terms of Service. Questar Gas shall furnish gas service without preference or discrimination among customers of the same service class at reasonable rates, in accordance with all applicable tariffs approved by and on file with regulatory bodies having jurisdiction over Questar Gas, including revisions to such tariffs made during the term of the Franchise, and in conformity with all applicable constitutional and statutory requirements. Questar Gas may make and enforce reasonable rules and regulations in the conduct of its business, may require its customers to execute a gas service agreement as a condition to receiving service, and shall have the right to contract with its customers regarding the installation and operation of its Facilities. To secure safe and reliable service to the customers, and in the public interest, Questar Gas shall have the right to prescribe the sizes and kinds of pipes and related Facilities to be used and shall have the right to refuse service to any customer who refuses to comply with Questar Gas' rules and regulations. 10. Indemnification. Questar Gas shall indemnify, defend and hold the County, its officers and employees, harmless from and against any and all claims, demands, liens, liabilities, damages, actions and proceedings arising from the exercise by Questar Gas of its rights under this Franchise, including its operations within County unincorporated limits, and Questar Gas shall pay the reasonable cost of defense plus the City's reasonable attorneys' fees. Notwithstanding any provision to the contrary, Questar Gas shall not be obligated to indemnify, defend or hold the County harmless to the extent that any underlying claim, demand, lien, liability, damage, action and proceeding arises out of or in connection with any act or omission of the County or any of its agents, officers or employees. 11. Assignment. Questar Gas may assign or transfer its rights and obligations under the Franchise to any parent, affiliate, or subsidiary of Questar Gas, to any entity having fifty percent (50%) or more direct or indirect common ownership with Questar Gas, or to any successor-in-interest or transferee of Questar Gas having all necessary approvals, including those from the Utah Public Service Commission or its successor, to provide utility service within the County unincorporated limits. Otherwise, Questar Gas shall not transfer, assign or delegate any of its rights or obligations under the Franchise to another entity without the County's prior written approval, which approval shall not be unreasonably withheld or delayed. Inclusion of the Franchise as an asset of Questar Gas subject to the liens and mortgages of Questar Gas shall not constitute a transfer or assignment requiring the County's prior written consent. 12. Effect of Invalidity. If any portion of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of any remaining portions of this Franchise. 13. Amendment. This ordinance shall not be altered or amended without the prior written consent of Questar Gas. 14. Effective Date. This ordinance shall become effective upon the date of acceptance by Questar Gas as established above. Section: This Ordinance shall become effective immediately upon publication, in the manner required by law. This Ordinance was adopted by the County Council, Cache County, Utah on the 24th day of April, upon the following vote: Publication Date: May: 10, 2007 ORDINANCE NO. 89-05 AN ORDINANCE GRANTING A FRANCHISE TO JWB CABLE COMPANY TO OPERATE, CONSTRUCT, AND MAINTAIN TELEVISION COAXIAL CABLES UPON, ALONG, THROUGH, OVER, AND UNDER PUBLIC STREETS, BRIDGES AND PUBLIC PLACES IN THE UNINCORPORATED AREAS OF CACHE COUNTY, UTAH. The County Council of Cache County, Utah, in a regular meeting, lawful notice of which had been given, finds that the Cache County Council is authorized by law to adopt an ordinance granting a non-exclusive franchise for community cable television services and system to JWB Cable Company; that JWB Cable Company is not affiliated with or owned by Community Television of Utah, Inc., which is currently a franchisee for cable television services under Ordinance No. 81-05; that JWB Cable Company is a Utah corporation and in apparent good standing; and that the public would be benefited by the granting of a franchise for community cable television services in the unincorporated area of the county to JWB Cable Company. Now therefore the County Council of Cache County, Utah, ORDAINS as follows: Section 1. Grant of Franchise. A. A non-exclusive franchise is hereby granted to JWB Cable Company for a cable television system subject to the terms of this ordinance. B. The non-exclusive franchise granted includes the right, privilege, and authority to construct, erect, operate, and maintain lines of television coaxial cable, including poles, wires, conduits, manholes, electrical conductors, amplifiers, and fixtures where necessary, in, upon, along, across, through, and under the streets, rights-of-way, bridges, and other public places in the unincorporated areas of Cache County, Utah. C. For the purposes of this ordinance, the lines of television coaxial cable, including poles, wires, conduits, manholes, electrical conductors, amplifiers, and other equipment and fixtures of the cable television system shall collectively be designated as "CATV". Section 2. Prior Approval. A. No CATV shall be installed on or in the property of the county without the prior written approval of the Building Inspector and Road Superintendent and such other county officer or employee as may be designated by the Cache County Executive. B. The application for such approval shall specify details and plans indicating the location and description of the CATV. C. A right-of-way encroachment permit shall be obtained by the franchisee from the county for all construction within public rights-of-way. D. The CATV system as currently installed in the unincorporated area of the county is hereby confirmed and approved. Section 3. Maps. The franchisee shall provide the county with current "as-constructed" maps and drawings of all CATV lines and facilities including underground lines in the area covered by this franchise. The franchisee shall deliver copies of such maps and drawings to the Cache County Building Inspector, Cache County Road Superintendent, and Cache County Surveyor. Section 4. Pole Installations. A. CATV lines are to be placed on poles except where underground placement of lines is required under subparagraph C of this section. B. The poles to be used for the CATV lines shall be those erected and maintained by other public utilities when practical, providing satisfactory rental agreements can be entered into between the franchisee and such utility companies. C. In event such rental agreements are not able to be entered into, the franchisee shall have the right to install its own poles; provided, however, that the franchisee shall not be permitted to install poles or place CATV lines above the surface of the ground in subdivisions within the unincorporated areas of the county in which there presently exists any underground utilities or where the land use ordinance of the county requires underground utilities. D. Subject to any applicable state or federal regulations, the county shall have the right to make use, for any public purpose, of any poles or conduits controlled and maintained for the franchisee any public right-of-way, street, bridge, or other public place; provided, however, that: 1. Such use by the county does not interfere with the use by the franchisee; and 2. The county holds the franchisee harmless against and from any claims for damages or liabilities arising out of such use of said poles or conduits. Third parties wishing to make use of any poles or conduits may do so only in the manner provided by law and by direct agreement with the franchisee. Section 5. Conditions. A. All CATV lines and systems shall be so located and constructed as to cause minimum interference with the use of streets, public rights-of-way, and the reasonable convenience of property owners who adjoin such streets or rights-of-way. B. All CATV systems constructed and maintained under this ordinance shall comply with and meet the minimum standards of the building codes and land use ordinance of the county; the National Electrical Code; the National Safety Code, other uniform codes adopted by the county; and any applicable federal or state codes or standards for CATV systems and service. C. The franchisee, at its expense, shall replace and restore any streets, sidewalks, curbs, or gutters or other public property damaged or injured as a result of the construction, maintenance, or installation of CATV systems. D. The franchisee shall, at all times employ reasonable care and shall construct, install, and maintain the CATV system with commonly accepted methods and devices for preventing failures and accidents which are likely to cause danger, injury, or nuisance to the public. The CATV system shall be constructed, installed, and maintained in a safe and reasonable condition. Section 6. Future Ordinances. The franchise granted by this ordinance shall be subject to all ordinances now in effect or that may be hereafter passed with regards to the use of public streets, highways, bridges, rights-of-way, and other public places in the county. Section 7. Hold Harmless. A. The franchisee shall hold the county safe and harmless from any and all claims or damages arising by reason of negligence in the construction, installation, and maintenance of the CATV system including the costs of defense. B. The franchisee shall maintain public liability and property damage insurance in an amount agreed to by the Cache County Executive and the franchisee designating the county as a second party insured from the effective date of this ordinance. Section 8. Term. A. The franchise granted by this ordinance, and all rights and authority pertaining thereto, shall be for a term of fifteen (15) years from the effective date of this ordinance. B. The franchise may be renewed for subsequent fifteen (15) year periods subject to a regular public proceeding as required by law. Section 9. Rates. A. The franchisee shall file with the County Clerk a schedule setting forth all rates and charges to be made to subscribers for basic CATV service, including connection and service charges. Grantee shall similarly file with the County Clerk any modifications to the rate schedule at least thirty (30) days in advance of the effective date of such changes. B. Franchisee shall not make or grant any preference or advantage to any person nor subject any person to any prejudice, discrimination or disadvantage as to rates, charges, service, rules, or other matters; provided, however, that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any person or customer coming within such classification would be entitled or subject and further provided that connection and service charges may be waived or modified during promotional campaigns of the franchisee. Section 10. Franchise Payments. The franchisee granted under this ordinance is granted upon the condition that franchisee shall pay to the county, in quarterly payments, commencing six (6) months after the effective date of this ordinance within the unincorporated area of the county a fee equivalent to 3% of the gross subscriber revenues derived from the regular subscriber monthly or other periodic service fees from within the unincorporated area of the county. The franchisee shall provide an annual summary report verifying the gross subscriber revenues received during the preceding year. Section 11. Amendments. A. The franchise granted hereunder may be amended from time to time by such ordinance to comply with any applicable federal or state regulations including specifically the regulations of the Federal Communications Commission. Such amendments should be made within one (1) year from the date that such regulations are adopted by the state or federal governments. B. It shall be the policy of the county to amend this franchise upon application from the franchisee, when necessary, to reasonably enable the franchisee to take advantage of any development in the field of transmission or television and radio signals which will afford it opportunity to more effectively, efficiently, or economically service its customers. Section 12. Franchisee Office. A. The franchisee shall maintain a business office in Cache County, Utah to which subscribers may telephone or visit in person during regular business hours. The franchise shall notify the County Clerk of any change of address for its office. B. In the event subscribers or others have requests or complaints against the franchisee which are not resolved by direct contact, the requesting or complaining party may refer such unresolved request or complaint to the Office of the County Executive. Such request or complaint may be resolved by essentially the following procedures: 1. Complaint shall be first to the franchisee through its manager or designated officer or employee at its local office. 2. Any complaint not resolved within seven (7) days may then be reported to the Cache County Executive who shall give notice to the franchisee. 3. Upon thirty (30) days written notice to the franchisee, the County Executive may conduct a hearing for the purpose of allowing all interested persons including the complainant and representatives of the franchisee to appear and make any statement or submit any documents or exhibits as may be reasonably required. The principles of due process shall be applied at all times with respect to such proceedings. Section 13. Termination and Removal. Upon expiration of the franchise, if the franchisee shall not have acquired an extension or renewal thereof and accepted the same, it shall have the right to enter upon the streets, bridges, rights-of-way, and other public areas of the unincorporated areas of the county for the purposes of removing the CATV system. In so removing the CATV system, the franchisee shall, at its expense, repair and restore the county property to its prior condition insofar as practical. Section 14. Transfers or Assignments. The franchisee shall not transfer or assign the franchise granted hereunder, or any rights pertaining thereto, to any other party without the prior written approval of the county. Such approval shall not be unreasonably withheld. This section shall not preclude the subjection of the CATV system as collateral to secure any loans or any other business transaction of the franchisee. Section 15. Compliance with Applicable Law. The franchise shall at all times during the term of the franchisee comply with all applicable federal, state, and county laws and ordinances. Section 16. Restrictions. A. From and after the effective date of this ordinance, it shall be unlawful for any person to construct, install, or maintain a CATV within any public street, bridge, right-of-way, or other public place in the unincorporated areas of the county or within any privately owned area within the unincorporated areas of the county which have not as yet become a public street but which is designated or delineated as a proposed public street or right-of-way on any tentative subdivision map approved by the county, any CATV system unless a franchise authorizing such use has been first obtained and is in full force and effect. B. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, conductively, or otherwise with any part of the franchised CATV system within the unincorporated areas of the county for the purpose of enabling that person to receive any signal from the CATV system without the prior consent of the franchisee. C. It shall be unlawful for any person, without the consent of the franchisee, to willfully tamper with, remove, or injure the CATV system or any part thereof. D. Any person violating the provisions of this ordinance shall be guilty of a Class B Misdemeanor for each and every day of the violation and subject to penalty as provided by law. Section 17. Severability. If any part of this ordinance is for any reason held invalid by the decision of any court or regulatory agency of competent jurisdiction, such decision shall not render invalid the remaining portion of the ordinance. The invalidity of any portion of this ordinance shall not abate, reduce, or otherwise affect any consideration of other obligations required of the franchisee. Section 18. Repealer. All ordinances, or any parts thereof, in conflict with this ordinance are hereby repealed and superseded by this ordinance to the extent of such conflict. Section 19. Effective Date. This ordinance shall take effect immediately upon adoption and publication in the manner provided by law. This ordinance was adopted by the Cache County Council on the 15th day of August, 1989, upon the following vote: Voting in Favor: Funk Voting Against: None Weston Gibbons Kotter Monson Morse Skanchy CACHE COUNTY COUNCIL By: Dennis Funk, Chairman ATTESTED BY: Seth S. Allen Cache County Clerk Publication Date: August 24, 1989 ORDINANCE NO. 2016-05 AN ORDINANCE GRANTING AN ELECTRIC UTILITY FRANCHISE AND GENERAL UTILITY EASEMENT TO ROCKY MOUNTAIN POWER WHEREAS, Rocky Mountain Power, is a regulated public utility that provides electric power and energy to the citizens of Cache County (the "County") and other surrounding areas; WHEREAS, providing electrical power and energy requires the installation, operation and maintenance of power poles and other related facilities to be located within the public ways of the County; WHEREAS, the County, pursuant to the provisions of Utah Code Ann. § 17-50-306 has the authority to regulate power line facilities within public ways and to grant to Rocky Mountain Power a general utility easement for the use thereof; WHEREAS, the County desires to set forth the terms and conditions by which Rocky Mountain Power shall use the public ways of the County; NOW, THEREFORE, be it ordained by the County: SECTION 1. Grant of Franchise and General Utility Easement. The County hereby grants to Rocky Mountain Power the right, privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines (collectively referred to herein as "Electric Facilities") in, under, along, over and across the present and future streets, alleys, public ways and public places (collectively referred to herein as "Public Ways") within the County, for the purpose of supplying and transmitting electric power and energy to the inhabitants of the County and persons and corporations beyond the limits thereof. SECTION 2. Term. The term of this Franchise and General Utility Easement is for Ten (10) years commencing on the date of acceptance by the Company as set forth in Section 3 below. SECTION 3. Acceptance by Company. Within sixty (60) days after the passage of this ordinance by the County, Rocky Mountain Power shall file an unqualified written acceptance thereof, with the County Clerk otherwise the ordinance and the rights granted herein shall be null and void. SECTION 4. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the County shall be nonexclusive and the County reserves the right to use the Public Ways for itself or any other entity that provides service to County residences; provided, however, that such use shall not unreasonably interfere with Rocky Mountain Power's Electric Facilities or Rocky Mountain Power's rights as granted herein. SECTION 5. County Regulatory Authority. In addition to the provision herein contained, the County reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Utah, the laws of Utah or County Ordinance. SECTION 6. Indemnification. The County shall in no way be liable or responsible for any loss or damage to property or any injury to, or death, of any person that may occur in the construction, operation or maintenance by Rocky Mountain Power of its Electric Facilities. Rocky Mountain Power shall indemnify, defend and hold the County harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of Rocky Mountain Power's use of the Public Ways within the County, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand or lien brought thereunder. The County shall: (a) give prompt written notice to Rocky Mountain Power of any claim, demand or lien with respect to which the County seeks indemnification hereunder; and (b) permit Rocky Mountain Power to assume the defense of such claim, demand, or lien. If such defense is not assumed by Rocky Mountain Power, Rocky Mountain Power shall not be subject to liability for any settlement made without its consent. Notwithstanding any provision hereof to the contrary, Rocky Mountain Power shall not be obligated to indemnify, defend or hold the County harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or willful act or failure to act of the County or any of its officers or employees. SECTION 7. Annexation. 7.1 Extension of County Limits. Upon the annexation of any territory to the County, the rights granted herein shall extend to the annexed territory to the extent the County has such authority. All Electrical Facilities owned, maintained, or operated by Rocky Mountain Power located within any public ways of the annexed territory shall thereafter be subject to all of the terms hereof. 7.2 Notice of Annexation. When any territory is approved for annexation to the County, the County shall, not later than ten (10) working days after passage of an ordinance approving the proposed annexation, provide by certified mail to Rocky Mountain Power: (a) each site address to be annexed as recorded on county assessment and tax rolls; (b) a legal description of the proposed boundary change; and (c) a copy of the County's ordinance approving the proposed annexation. The notice shall be mailed to: Rocky Mountain Power Customer Contact Center Attn: Annexations P.O. Box 400 Portland, Oregon 97207-0400 With a copy to: Rocky Mountain Power Attn: Office of the General Counsel 1407 West North Temple, Room 320 Salt Lake County, UT 84116 SECTION 8. Plan, Design, Construction and Installation of Company Facilities. 8.1 All Electrical Facilities installed or used under authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and county laws, codes and regulations. 8.2 Except in the case of an emergency, Rocky Mountain Power shall, prior to commencing new construction or major reconstruction work in the public way or street or other public places, apply for a permit from the County which permit shall not be unreasonably withheld, conditioned, or delayed. Rocky Mountain Power will abide by all applicable ordinances and all reasonable rules, regulations and requirements of the County, and the County may inspect the manner of such work and require remedies as may be reasonably necessary to assure compliance. Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to obtain a permit to perform emergency services prior to the work being done. 8.3 All Electric Facilities shall be located so as to cause minimum interference with the Public Ways of the County and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable rules, ordinances and regulations of the County. 8.4 If, during the course of work on its Electrical Facilities, Rocky Mountain Power causes damage to or alters the Public Way or public property, Rocky Mountain Power shall (at its own cost and expense and in a manner reasonably approved by the County) replace and restore it in as good a condition as existed before the work commenced. 8.5 In addition to the installation of underground electric distribution lines as provided by applicable state law and regulations, Rocky Mountain Power shall, upon payment of all charges provided in its tariffs or their equivalent, place newly constructed electric distribution lines underground as may be required by County ordinance. 8.6 The County shall have the right without cost to use all poles and suitable overhead structures owned by Rocky Mountain Power within Public Ways for County wires used in connection with its fire alarms, police signal systems, or other public safety communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the County for a public purpose and shall not include the provision of CATV, internet, or similar services to the public. Provided further, that Rocky Mountain Power shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the County shall be in such a manner as to prevent safety hazards or interferences with Rocky Mountain Power's use of same. Nothing herein shall be construed to require Rocky Mountain Power to increase pole size, or alter the manner in which Rocky Mountain Power attaches its equipment to poles, or alter the manner in which it operates and maintains its Electric Facilities. County attachments shall be installed and maintained in accordance with the reasonable requirements of Rocky Mountain Power and the current edition of the National Electrical Safety Code pertaining to such construction. Further, County attachments shall be attached or installed only after written approval by Rocky Mountain Power in conjunction with Rocky Mountain Power's standard pole attachment application process. Rocky Mountain Power shall have the right to inspect, at the County's expense, such attachments to ensure compliance with this Section 8.6 and to require the County to remedy any defective attachments. 8.7 Rocky Mountain Power shall have the right to excavate the Public Rights of Ways subject to reasonable conditions and requirements of the County. Before installing new underground conduits or replacing existing underground conduits, Rocky Mountain Power shall first notify the County of such work by written notice and shall allow the County, at its own expense, (to include a pro rata share of the trenching costs), to share the trench of Rocky Mountain Power to lay its own conduit therein, provided that such action by the County will not unreasonably interfere with Rocky Mountain Power's Electrical Facilities or delay project completion. 8.8 Before commencing any street improvements or other work within a Public Way that may affect Rocky Mountain Power's Electric Facilities, the County shall give written notice to Rocky Mountain Power. SECTION 9. Relocations of Electric Facilities. 9.1 The County reserves the right to require Rocky Mountain Power to relocate its Electric Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the County. Within a reasonable period of time after written notice, Rocky Mountain Power shall promptly commence the relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the County shall, with the assistance and consent of Rocky Mountain Power, identify a reasonable alignment for the relocated Electric Facilities within the Public Ways of the County. The County shall assign or otherwise transfer to Company all right it may have to recover the cost for the relocation work and shall support the efforts of Rocky Mountain Power to obtain reimbursement. 9.2 Rocky Mountain Power shall not be obligated to pay the cost of any relocation that is required or made a condition of a private development. If the removal or relocation of facilities is caused directly or otherwise by an identifiable development of property in the area, or is made for the convenience of a customer, Rocky Mountain Power may charge the expense of removal or relocation to the developer or customer. For example, Rocky Mountain Power shall not be required to pay relocation costs in connection with a road widening or realignment where the road project is made a condition of or caused by a private development. SECTION 10. Subdivision Plat Notification. Before the County approves any new subdivision and before recordation of the plat, the County shall send a copy of the proposed plat to Rocky Mountain Power for the Company's review and comment as to the adequacy of plat provisions for Electrical Facilities, including underground facilities to be installed by the developer, and associated rights of way depicted on the plat. The County shall take into consideration comments provided by Rocky Mountain Power. A copy of the plat shall be mailed or emailed to: Rocky Mountain Power Attn: Estimating Department 780 N Main St Smithfield, Utah 84335 Or, Subdivision Plat Notification@pacificorp.com SECTION 11. Vegetation Management. Rocky Mountain Power or its contractor may prune all trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways to prevent the branches or limbs or other part of such trees or vegetation from interfering with Rocky Mountain Power's Electrical Facilities. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSI A300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. A growth inhibitor treatment may be used for trees and vegetation species that are fast-growing and problematic. Nothing contained in this Section shall prevent Rocky Mountain Power, when necessary and with the approval of the owner of the property on which they may be located, from cutting down and removing any trees which overhang streets. SECTION 12. Renewal. At least 120 days prior to the expiration of this Franchise, Rocky Mountain Power and the County either shall agree to extend the term of this Franchise for a mutually acceptable period of time or the parties shall use best faith efforts to renegotiate a replacement Franchise. Rocky Mountain Power shall have the continued right to use the Public Ways of the County as set forth herein in the event an extension or replacement Franchise is not entered into upon expiration of this Franchise. SECTION 13. No Waiver. Neither the County nor Rocky Mountain Power shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 14. Transfer of Franchise. Rocky Mountain Power shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, or to affiliates, parents or subsidiaries of Rocky Mountain Power which assume all of Rocky Mountain Power's obligations hereunder, unless the County shall first give its approval in writing, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, Rocky Mountain Power may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Franchise to any financing entity, or agent on behalf of any financing entity to whom Rocky Mountain Power (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. SECTION 15. Amendment. At any time during the term of this Franchise, the County through its County Council, or Rocky Mountain Power may propose amendments to this Franchise by giving thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the County and Rocky Mountain Power and formally adopted as an ordinance amendment, which is accepted in writing by Rocky Mountain Power. SECTION 16. Notices. Unless otherwise specified herein, all notices from Rocky Mountain Power to the County pursuant to or concerning this Franchise shall be delivered to the County Recorder's Office. Unless otherwise specified herein, all notices from the County to Rocky Mountain Power pursuant to or concerning this Franchise shall be delivered to the Customer Services Vice President, Rocky Mountain Power, 201 South Main, Suite 2400, Salt Lake County, Utah 84111, and such other office as Rocky Mountain Power may advise the County of by written notice. SECTION 17. Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. SECTION 18. Waiver of Jury Trial. To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.