939.02 ATTACHMENT FEES OR CHARGES.

   (a)   Council establishes the following minimal attachment fees or charges for the use of city rights of ways, streets, alleys, easements and any attachments to City poles, facilities, or appurtenances thereto, other than small cell facilities as defined in Ohio R.C. section 4939.031 and Title 49 USC sections 253 and 332(c)(7), and rules adopted pursuant thereto:

      (1)   High Speed Internet: All attachments, including but not limited to pole attachments: fifteen dollars ($15.00) per pole or attachment to any City facilitate per year. (Present providers include Windstream, Horizons, and Everstream).

      (2)   Telecommunications: All attachments, including but not limited to pole attachments: four dollars ($4.00) per pole or attachment to any city facilitate per year. (Present providers include Frontier and Spectrum).

      (3)   Power company (electricity): All attachments, including but not limited to pole attachments: Sixty dollars and sixty-seven cents ($60.67) per pole or attachment to any City facilitate per year. (Present providers include AEP).

   (b)   The charges, absent a further ordinance in the future, shall increase by two percent (2%) per year. These are minimum attachment to poles or facilities, or right of way, use of streets, alleys, or easements fees, if otherwise allowed by law.

   (c)   Consistent with Oho R.C. Chapter 4939, no entity shall use a City right of way, street, alley, or easement except as provided by that chapter. The right of this municipality to govern and operate safely its rights of ways, streets, alleys, easements, and attachments is a public necessity. Entities shall be required to pay right of way, use of streets, alleys, easements, or attachment fees as permitted by law, this ordinance, and any subsequent ordinance. (Ord. 5-2020. Passed 2-17-20.)