(A) Except for any fees charged pursuant to the city's annual fee ordinance, general right-of-way permittees who have a service agreement granted by Council shall not be liable for any additional right-of-way permit fees over and above any service agreement or franchise fees specified in its service agreement or franchise for uses of rights-of-way directly related to the uses for which such permittee holds its service agreement or franchise, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the city pursuant to § 98.07(B). If the amount due under § 98.07(B) is more than said service agreement or franchise fees, then the permittee shall receive a credit in each quarter against such amount for all such fees paid in such quarter, and shall pay the balance to the city as set forth in § 98.07(E). Regarding service agreements that allow non cable services (as defined in said service agreement) to be provided, the provisioning of non cable services shall be subject to this chapter in all aspects, including all fees.
(B) (1) In addition to any fees charged pursuant to the city's annual fee ordinance, all general right-of-way and utility permittees, shall pay an annual fee, for each calendar year, based upon the miles of business district right-of-way which the permittee occupies or desires to occupy in said calendar year as follows:
Less than one mile $10,000
From one to ten miles $17,500
From 11 to 100 miles $37,500
From 100 to 500 miles $100,000
(2) Quarterly payments shall be made on or before March 31, June 30, September 30 and December 31 of the calendar year.
(3) There shall be no fee, other than those set forth in the annual fee ordinance, for occupation of right-of-way outside of the business district right-of-way.
(C) In addition to any fees charged pursuant to the city's annual fee ordinance, special right-of-way permittees shall pay an annual fee of $2 per lineal foot of right-of-way used or occupied, but not less than $1,000. This fee may be waived for all special right-of-way permits for residential purposes. Such fee shall be paid in advance for each calendar year prior to January 31 of such year.
(D) Further specification regarding the determination and calculation of the fees set forth in § 98.07(B) and (C) may be set forth in the administrative regulations.
(E) All fees pursuant to this chapter shall be paid by check, money order or wire transfer to the city as the administrative regulations require.
(F) Each general right-of-way permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the city in accordance with generally accepted accounting principles. The City Manager, the City Finance Director or either's designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to assure that the payments hereunder are accurate and that all right-of-way permittees fully comply with the provisions of this chapter and their respective right-of-way permits.
(G) The fees and minimums specified in § 98.07(B) and (C) may be modified or adjusted or waived by regulation; provided, however, that such fees remain reasonable and non-discriminatory and that the total revenues to the city generated by such fees represent not more than a reasonable allocation of the total costs to the city of planning, regulating, purchasing, maintaining and governing the rights-of-way, including any costs of joint planning, joint utility and telecommunications facilities placed in the right-of-way by the city for the future use of permittees, enforcement of this chapter, and related costs and overheads, including but not limited to an appropriate allocation of the costs of any geographic information systems utilized by the city.
(H) The City Manager may enter into agreements with permittees under which permittees may provide facilities or services, or both, to the city in lieu of all or a portion of such fees. All such agreements shall be approved by Council.
(Ord. 152-97, passed 12-15-97)