1149.16 COMPENSATION.
(a) As compensation for the City's costs to administer Chapter 1149, manage, administer and control the Right-Of-Way and maintain each Right-Of-Way Occupancy Permit issued, every Permittee shall pay to the City a Registration Maintenance Fee. The Registration Maintenance Fee shall be determined and assessed to Permittees and other Persons operating or otherwise using and occupying the Right-Of-Way in accordance with the following process and formula:
(1) The City by February 28th of each year, shall calculate all actual and incurred costs associated with Right-Of-Way management, administration and control for the previous calendar year that the City was not able to reasonably recover through Construction Permit Fees or other recovery mechanisms provided for in Chapter 1149.
(2) Permittees and Applicants, as required in Section 1149.15(b), shall accurately inform the City upon application for a Right-Of-Way Occupancy Permit and on or before each subsequent January 1st of the number of miles (rounded up to the nearest mile) of Right-of-Way the Permittee's Facilities occupied as of the immediately previous December.
(3) The City shall total the entire number of miles of Right-Of-Way reported as being used or occupied by all Permittees.
(6) The City shall perform its annual calculation of Registration Maintenance Fees following receipt of the Permittees required December mileage report. Registration Maintenance Fees shall be invoiced to Permittees on or about March 1 of each calendar year and shall be due thirty (30) days following receipt.
(7) Cable companies operating under non-exclusive Cable Franchises for the purposes of providing Cable Service, Video Services Permittee operating under a VSA for the purpose of providing Video Services, and Permittees of Open Video System services, which compensate the City under other mechanisms in an amount equal to or greater than the Annual Registration Maintenance Fee that would normally be required for their Right of Way use in The City, shall have the mileage of the Right-Of-Way they use and/or occupy included in the calculations described in Section 1149.16, but shall not be required to contribute to the recovery of Right-Of-Way Costs as defined by Chapter 1149 with the exception of Permit Costs.
(8) The City may by separate legislation enacted by City Council on or about February 28th of each year, in accordance with the results of Section 1149.16(a)(4), enact an initial and thereafter a new annual Registration Maintenance Fee (per mile) by appropriately increasing or decreasing the previous year(s) Registration Maintenance Fee (per mile). Revised Registration Maintenance Fees shall be effective upon passage.
(b) Timing. Registration Maintenance Fees shall be paid each calendar year in accordance with Section 1149.16(a)(6). Registration Maintenance Fees shall be paid in full for the first year of the registration as a condition of the Right-Of-Way Occupancy Permit becoming effective. Fees may be prorated from the effective date of the Right-Of-Way Occupancy Permit to the end of the calendar year if less than one (1) full year.
(c) Taxes and Assessments. To the extent taxes or other assessments are imposed by any taxing authority or community authority on the use of City property as a result of a Permittee's use or occupation of the Right-Of-Way, the Permittee shall be responsible for payment of such taxes or assessments. Such payments shall be in addition to any other fees payable pursuant to Chapter 1149 and shall not be considered an offset to, or in lieu of, the fees and charges listed in Chapter 1149. The Registration Maintenance Fee is not in lieu of any tax, fee, or other assessment except as specifically provided in Chapter 1149, or as required by applicable Law.
(d) Interest on Late Payments. In the event that any Registration Maintenance Fee is not paid to the City by April 1, the Permittee shall pay a monthly late charge of one percent (1 %) of the unpaid balance 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. 11-22. Passed 2-7-22.)