As compensation for the company's use and occupancy of the public rights-of-way, the company shall pay an access line fee as set forth below, and shall be in lieu of any lawful tax; license; charge; right-of-way permit, use, construction, street cut or inspection fee; or other right-of- way related charge or fee, whether charged to the company or its contractor(s), within the city, except the usual general ad valorem taxes, special assessments and sales tax levied in accordance with state law and equally applicable to all general businesses in the city.
(A) The access line fee shall be based on the equitable apportionment of the total costs of managing the public rights-of-way attributable to the relative use of the public rights-of-way by the company in relation to other users including the city. Costs shall be limited to those costs incurred by the city directly related to managing the public rights-of-way as provided in division (B) below.
(B) The costs of managing the public rights-of-way are the direct, actual and reasonably incurred costs the city incurs in managing the public rights-of-way. Management activities are limited to: registering occupants; issuing and processing construction permits; verifying public rights-of-way occupation; inspecting work at job sites and restoration projects; management costs associated with the implementation of this subchapter; or any other expenses attributable to the company or other public rights-of-way users. Costs of managing do not include: fees and costs associated with the drafting of this subchapter or other similar ordinances; or litigation fees and costs associated with interpretation of this subchapter.
(C) The access line fee will be paid in quarterly installments 45 days following the calendar quarter. The access line fee shall be comprised of the sum of the access line fees collected monthly from customers residing within the corporate limits of the city. The company shall not be liable for the remittance of uncollectible access line fees to the city. The access line fee shall be determined by dividing the company's share of the total costs of managing the public rights-of-way caused by the company by the total access lines. Lifeline and company official switched access lines shall not be included in the computation of total access lines. The monthly access line fee shall apply in full each month or portion thereof that a customer has an access line.
(D) The access line fee shall be $.35 per access line per month. An increase in the access line fee is permitted if substantiated by cost studies provided to the company and approved by the City Council. The company will have 90 days from notification by the city to implement the increased access line fee but in no event shall the company be required to implement the access line fee on a date other than the first calendar date of any month. Interest will not accrue on any amount collected by the company prior to remittance to the city. Nothing in this subchapter will preclude the company from recovering the access line fee from its customers as a line item on the customers' bill.
(E) The company shall assess the access line fee on each access line unless a telecommunications service provider has provided a signed statement to the company that the telecommunications service provider is responsible for the access line fee directly to the city. Upon the company receiving the signed statement, the company is indemnified of all responsibility for the access line fees on those access lines. Upon written request, the company will make the signed statements from telecommunication service providers available for the city's inspection.
(F) The city shall not seek or accept in-kind services in lieu of or as additional payment or consideration from any user of the public rights-of-way for use of the public rights-of-way.
(Ord. 23, passed 1-21-1999)