(a) General right-of-way permittees who have a franchise shall not be liable for any additional right-of- way permit fees over and above any franchise fees specified in its franchise for uses of rights-of-way directly related to the uses for which such permittee holds its franchise so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the village pursuant to division (b). If the amount due under division (b) is more than the 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 village as set forth in division (e). Any cable television provider that has a valid franchise to operate a cable television system within the village shall not be liable for any additional right-of-way permit fees over and above any cable television franchise fees specified in its cable television franchise for uses of rights-of- way directly related to the uses for which such cable television provider holds a cable franchise, so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the village pursuant to division (b). If the amount due under division (b) is more than the cable franchise fees, then the cable television provider 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 village as set forth in division (e).
(b) General right-of-way permit fees.
(1) All general right-of-way permittees, shall pay an annual fee, for each calendar year in an amount equal to $28,000 beginning in 2007, which shall be increased annually by three percent each year thereafter.
(2) Such payment shall be made either in a one time lump sum payment due to the village by January 31 of each year or in quarterly payments equal to 25 percent of the total yearly fee to be paid on or before March 31, June 30, September 30 and December 31 of the calendar year.
(c) Limited right-of-way permit fees.
(1) Limited right-of-way permittees shall pay an annual fee of $1,000. This fee shall be waived for all limited right-of-way permits for residential purposes and may be waived by the Administrator for limited right-of-way permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions. 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 divisions (b) and (c) may be set forth in the regulations.
(e) Each general right-of-way permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the village. The Administrator, the Village Clerk-Treasurer 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.
(Ord. 2007-32, passed 9-18-2007)