§ 113.038 APPLICATION AND RENEWAL FEES.
   (A)   An application fee shall not be deemed to be “franchise fees” within the meaning of Section 622 of the Cable Act (47 USC 542), and the payments shall not be deemed to be “payments in kind” or any involuntary payments chargeable against the compensation to be paid to the city by the grantee, or part of the compensation to be paid to the city by the grantee pursuant to this chapter or a franchise agreement.
   (B)   (1)   All applicants for an initial franchise grant shall submit an application fee of $2,500 to compensate the city for its costs in reviewing, preparing and awarding a franchise, including the costs of outside consultants.
      (2)   Upon the grant of a franchise the city may request the payment of an additional fee to the extent that the reasonable costs of the franchise review and negotiation process exceed the initial application fee amount.
      (3)   Consistent with the Cable Act, all the fees shall not constitute or be credited towards a grantee’s franchise fee obligations.
      (4)   Reasonable costs include staff time, professional fees, and administrative costs as determined by the city to be necessary.
   (C)   (1)   The city reserves the right, unless prohibited by applicable law, to require a grantee to pay the reasonable costs of the franchise renewal and negotiation process.
      (2)   Reasonable costs include staff time, professional fees, and administrative costs determined by the city to be necessary.
(Ord. passed 8-27-02)