(A)   Any cable television provider that has a valid franchise to operate a cable television system within the city shall not be liable for any additional right-of-way occupancy permit fees over and above any cable television franchise fees specified in its cable television franchise for uses of rights-of-way directly related to the uses for which such cable television provider holds a cable franchise, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the city pursuant of this chapter.
      (1)   In addition to any fees charged pursuant to Chapter 98, all general right-of-way occupancy permittees shall pay an annual fee, for each calendar year, as compensation for the city’s cost to manage, administer and control the right-of-way and maintain each general right-of-way occupancy permit. Every permittee shall pay to the city general occupancy right-of-way fees beginning January 1, 2019. Fees shall be determined and assessed to permittees and other persons using and occupying the rights-of-way in accordance with the following process and formula:
         (a)   The city by January 31 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 incurred and was not able to reasonably recover through permit fees or other recovery mechanisms for each permittee.
         (b)   The city shall invoice each permittee based on the actual costs incurred by the city for right-of-way management for that permittee per division (A)(1)(a) of this section. This shall be the permittee’s then-current general right-of-way occupancy permit fee.
         (c)   Registration fees shall be invoiced to permittees on or about February 1 of each calendar year and shall be due 30 days following receipt.
         (d)   To the extent taxes or other assessments are imposed by taxing authorities on the use of city property as a result of a permittee’s use or occupation of the rights-of-way, the permittee 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 right-of-way permit fees.
   (B)   All fees pursuant to this chapter shall be paid by check, money order or wire transfer to the City of Bowling Green, Ohio.
   (C)   Each general right-of-way occupancy permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the city. The Municipal Administrator, or designee, the city Finance Director or either’s designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit relative to the quantity of infrastructure in the public right-of-way to the extent necessary to assure that the payments hereunder are accurate and that all right-of-way occupancy permittees fully comply with the provisions of this chapter and their respective right-of-way permits.
(Ord. 8710, passed 9-17-2018)