A. Compensation:
1. Obligations: As compensation for any franchise or license granted pursuant to this chapter, a provider shall have the following obligations:
a. Application Fee: In addition to all other fees, permits or charges, a provider shall pay to the town at the time of application, or amendment to its application, an application fee in such amount as established by resolution of the town council. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)
b. Franchise: The obligation to pay franchise or license fees shall commence on the completion date. For purposes of this section, the completion date shall be the date of completion of the initial system. Commencing on the completion date, a provider shall pay to the town as reimbursement for costs associated with allowing access to and as fair compensation for the use of the rights of way the following:
(1) As a fee for a franchise for a wired communications system, a fee equal to one percent (1%) of gross revenues.
(2) As a fee for a franchise for an open video system, a fee equal to one percent (1%) of gross revenues. (Ord. 1998-2, 4-9-1998)
(3) As a fee for a license for any system, a fee assessed on a per linear foot basis, for actual linear feet of any system that makes physical use of the rights of way, the fee shall be:
$2.50 per linear foot in zone A on the map attached to the ordinance codified herein.
$1.75 per linear foot in zone B on the map attached to the ordinance codified herein.
$1.25 per linear foot in zone C on the map attached to the ordinance codified herein.
$0.75 per linear foot in zone D on the map attached to the ordinance codified herein.
(4) The town may, at its option, agree to accept excess capacity on a system or other facilities in lieu of all or part of these fees.
2. Timing: Unless otherwise agreed to in writing, all fees shall be made on a monthly basis within fifteen (15) days of the close of each calendar month. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)
B. Taxes And Assessments: To the extent taxes or other assessments are imposed by taxing authorities on the use of town property as a result of a provider's use or occupation of the rights of way, the provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this chapter.
C. Interest On Late Payments: In the event that any payment is not actually received by the town on or before the applicable date fixed in the franchise or license, interest thereon shall accrue from such date until received at eighteen percent (18%) per annum.
D. Fee Statement: Unless a franchise or license provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated.
E. No Accord And Satisfaction: No acceptance by the town of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the town may have for additional sums payable.
F. Not In Lieu Of Taxes: The fee payment is not a payment in lieu of any tax, fee or other assessment except as specifically provided in this chapter, or as required by applicable law. By way of example, and not limitation, permit fees and fees to obtain space on city-owned poles are not waived and remain applicable.
G. Continuing Obligation And Holdover: In the event a provider continues to operate all or any part of the system after the term of the franchise or license, such operator shall continue to comply with all applicable provisions of the franchise or license, including, without limitation, all compensation and other payment provisions of the franchise or license throughout the period of such continued operation; provided, that any such continued operation shall in no way be construed as a renewal or other extension of the franchise or license, nor as a limitation on the remedies, if any, available to the town as a result of such continued operation after the term, including, but not limited to, damages and restitution.
H. Costs Of Publication: A provider shall assume any publication costs associated with its franchise or license that may be required by law. (Ord. 1998-2, 4-9-1998)