(A) Compensation. As compensation for the city’s costs to administer and implement this chapter, manage, administer and control the rights-of-way and maintain each certificate of registration issued, every provider or any person operating a system or otherwise using and occupying the rights-of-way shall pay to the city a registration maintenance fee, unless exempt under § 1074.04(D) of this chapter. The registration maintenance fee shall be determined and assessed to providers and other persons operating a system or otherwise using and occupying the rights-of-way in accordance with the following process and formula.
(1) The city, by February 28 of each year, shall calculate all actual and incurred costs associated with rights-of-way management, administration and control for the previous calendar year that the city was not able to reasonably recover through construction permit fees or other recovery mechanisms provided for in this chapter.
(2) Providers and applicants, as required in § 1074.06(B) of this chapter, shall accurately inform the city upon application for a certificate of registration and on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right-of-way the provider’s system then occupied as of the immediately previous December 1.
(3) The city shall total the entire number of miles of right-of-way reported as being used or occupied by all providers.
(4) The city shall divide the calculated costs referenced in division (A)(1) above by the total number of miles of right-of-way reported as being used or occupied by all providers as referenced in division (A)(3) above to arrive at a per-mile cost number.
(5) The city shall then multiply each provider’s mileage calculation as referenced in division (A)(2) above by the per-mile cost calculation referenced in division (A)(4) above. The product shall be a provider’s then current annual registration maintenance fee.
(6) The city shall perform its annual calculation of registration maintenance fees following receipt of the provider’s required January 1 mileage report. Registration maintenance fees shall be invoiced to providers within 60 days of receipt of the provider’s required January 1 mileage report and shall be due within 30 days of the date of the invoice. All fees shall be invoiced to providers by March 1 of each calendar year.
(7) Cable companies operating under non-exclusive cable franchises for the purposes of providing cable service, video services provider operating under a VSA for the purpose of providing video services, and providers of open video system services, which compensate the city under other mechanisms in an amount equal to or greater than the annual registration maintenance fee that would normally be required for their right- of-way use in the city, shall have the mileage of the right-of-way they use and/or occupy included in the calculations described in this section, but shall not be required to contribute to the recovery of rights-of-way costs as defined by this chapter with the exception of permit costs.
(8) The city may by separate legislation enacted by City Council on or about February 28 of each year, in accordance with the results of division (A)(4) above, enact an initial and thereafter a new annual registration maintenance fee (per mile) by appropriately increasing or decreasing the previous year(s) registration maintenance fee (per mile). Revised registration maintenance fees shall be effective upon passage.
(B) Timing. Registration maintenance fees shall be paid each calendar year in accordance with division (A)(6) above. 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 full year.
(C) Taxes and assessments. To the extent taxes or other assessments are imposed by any taxing authority or community authority 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 or assessments. 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.
(D) Interest on late payments. In the event that any registration maintenance fee is not paid to the city by April 1, the provider shall pay a monthly late charge of 1% of the unpaid balance for each month or any portion thereof for which payment is not made. Late payments on registration maintenance fees may result in the denial of future right-of-way permits.
(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.
(Prior Code, § 1074.07) (Ord. 76-2018, passed 9-24-2018)