(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 pay to the City registration maintenance fees determined as follows:
(1) Providers utilizing equal to or greater than twenty miles of right-of-way within the City shall pay a fee of two thousand dollars ($2,000) per year.
(2) Providers utilizing less than twenty miles of right-of-way within the City shall pay a fee of one thousand dollars ($1,000) per year.
(3) Cable companies to the extent they are providing only cable television services and are operating under non-exclusive franchises for the provision of cable television services and compensating the City under other mechanisms shall not be required to contribute to the recovery of rights-of- way costs as defined by this chapter.
(b) Timing. 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 full year.
(c) Taxes and Assessments. 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) Interest on Late Payments. In the event that any registration maintenance fee is not paid to the City by January 31, a monthly late charge of one percent 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.
(Ord. 12-03. Passed 5-19-03.)