(a) The annual fee for a license to use a public right-of-way for the following uses is:
(1) Fee for railroad crossing: not less than $50 per track crossing the public right-of-way or an amount determined by the director and established in the ordinance granting the license. The fee will not be assessed for a railroad crossing where the railroad existed before the public right-of-way was established.
(2) Fee for encroachment of historically significant structures into public right-of-way: $1,000.
(3) Fee for placement and maintenance of facilities of a utility operated by a governmental entity on public right-of-way pursuant to a contract with the city providing for mutual grant of rights-of-way: None.
(4) Fee for a sidewalk cafe: $200.
(b) The annual fee for a license to use a public right-of-way for uses other than those listed in Subsection (a) is $1,000 or is calculated in accordance with one of the following formulas, whichever is greater:
(1) Fee for use of public right-of-way: area X market value X 85% X 12%.
(2) Fee for subsurface use only: area X market value X 30% X 12%.
(3) Fee for air rights use only (including awnings and canopies with a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code): area X market value X 85% X 85% X 12%.
(4) Fee for commercial parking operation use: 50% of gross receipts (which include receipts for all parking and tips less sales and use taxes, if applicable).
(c) Except for a sidewalk cafe license, the application fee required by Section 43-112 will be applied to the first year's fee if a license is granted.
(d) Whether or not stated in the ordinance granting the license, the city council retains the right to increase or decrease the annual fee.
(e) The market value of the area licensed is based on the per square foot appraised value, as determined by the Dallas County Central Appraisal District, of a fee simple interest in a useable tract of abutting property.
(f) The director shall annually review the market values of licensed areas for which fees are based on market value. If it is determined that the market value of a licensed area has decreased, the director shall notify the licensee in writing that the annual fee has been decreased. If it is determined that the market value of a licensed area has increased, the director shall notify the licensee in writing that the annual fee has been increased. If a licensee is unwilling to accept the increased fee, the licensee may terminate the license. (Ord. Nos. 18119; 18962; 22216; 24051; 25539; 26809; 27775; 29906)