(a) Right-of-way permit fees.
(1) Annual occupancy fee. Right-of-way permit holders shall pay to the City an annual occupancy fee. The occupancy 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:
A. The City 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 work permit fees or other recovery mechanisms provided for in this chapter.
B. Providers and applicants shall accurately inform the City upon application for a right-of-way permit and on or before the start of each calendar year of the number of miles (rounded up to the nearest mile) of right-of-way the provider's system then occupied or used in the City rights-of-way.
C. The City shall total the entire number of miles of right-of-way reported as being used or occupied by all providers.
D. The City shall divide its actual and incurred costs associated with rights-of-way management, administration and control for the previous calendar year by the total number of miles of right-of-way reported as being used or occupied by all providers to arrive at a per-mile cost number.
E. The City shall then multiple each provider's mileage calculation for the previous calendar year by the per-mile cost calculation. The product shall be a provider's then-current annual occupancy fee.
F. The City shall require that the right-of-way permit holder remit all occupancy fees within thirty days of the City's invoice of such fees. Any right-of-way permit holder who fails to timely remit such invoiced occupancy fee amounts shall be subject to the penalties of this chapter, the imposition of any other legal or equitable remedies available to the City, and the immediate revocation of any right-of-way permit having been issued.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)