(a) Compensation. As compensation for the City's costs to administer this Chapter and the rights-of-way and for each certificate of registration issued pursuant to this Chapter, every provider or any person operating a system shall annually pay to the City registration maintenance fees determined as follows:
(1) Providers utilizing less than ten (10) miles of the rights-of-way within the City shall pay a fee of two thousand five hundred dollars ($2,500.00) per year.
(2) Providers utilizing equal to or greater than ten (10) miles of the rights-of- way within the City shall pay a fee of five thousand dollars ($5,000.00) per year.
(3) Cable companies operating under non-exclusive franchises that are compensating the City under other mechanisms and any person that possesses a service agreement shall not be required to contribute to the recovery of rights-of-way costs as defined by this Chapter with the exception of permit fees. Such non-contribution to the recovery of rights-of- way costs shall be limited to the specific purpose and term provided for in the person's non-exclusive franchise or service agreement.
(b) Registration maintenance fees shall be paid in advance by January 1st of each calendar year. Registration maintenance fees shall be paid in full for the first year of the registration as a condition of the certificate of registration becoming effective. Fees may be prorated from the effective date of the certificate of registration to the end of the calendar year if less than one (1) full year. Payment of any and all registration maintenance fees shall be waived until January 1, 2005.
(c) To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of a provider's use or occupation of the rights-of-way, the provider shall be responsible for payment of such taxes. Such payments shall be in addition to any other fees payable pursuant to this Chapter and shall not be considered an offset to, or in lieu of, the fees and charges listed in this Chapter. The registration maintenance fee is not in lieu of any tax, fee, or other assessment except as specifically provided in this Chapter, or as required by applicable law. By way of example, and not limitation, permit fees and fees to obtain space on City-owned poles are not waived and remain applicable.
(d) In the event that any registration maintenance fee is not paid to the City by January 31, a monthly late charge of one percent (1%) of the unpaid balance shall be paid by the provider for each month or any portion thereof for which payment is not made.
(e) No Accord and Satisfaction. No acceptance by the City of any registration maintenance fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such registration maintenance fee payment be construed as a release of any claim the City may have for additional sums payable.
(f) A provider shall assume actual newspaper or other appropriate publication costs of up to one thousand dollars ($1,000.00) associated with its certificate of registration that may be required by law or that may otherwise be required by its application for a certificate of registration or other permit as provided for herein.
(2004 Code) (Ord. 2004-110. Passed 10-18-04.)