(A) Any cable television provider that has a valid franchise to operate a cable television system within the village 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 village pursuant to division (B) of this section. If the amount due under division (B) of this section is more than said cable franchise fees, then the cable television provider shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the village as set forth in division (B) of this section.
(1) In addition to any fees charged pursuant to Chapter 97, all general right-of-way occupancy permittees shall pay an annual fee, for each calendar year, as compensation for the village'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 village general occupancy right-of-way fees beginning January 1, 2017. 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 village 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 village incurred and was not able to reasonably recover through permit fees or other recovery mechanisms for each permittee.
(b) The village shall invoice each permittee based on the actual costs incurred by the village 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 village 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.
(2) All right-of-way related fees collected through this chapter and Chapter 97 shall be deposited in a separate fund to be utilized for the offset of municipal costs associated with the management and control of the public right-of-way.
(B) All fees pursuant to this chapter shall be paid by check, money order or wire transfer to the Village of Brewster, 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 village. The Village Administrator, the Village Auditor 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. Upon a proper request by a permittee demonstrating that any portion of the information required constitutes a trade secret pursuant to R.C. §§ 133.61 through 133.69, or shall remain confidential pursuant to any local, state, or federal law or regulation, the material shall be treated as confidential and not subject to public disclosure.
(Ord. 32-2018, passed 7-2-2018)