(A) Each operator that receives gross revenues within the meaning of this chapter shall make a quarterly payment to the city of a rights-of-way usage fee in an amount equal to five percent (5%) of gross revenues or two-thousand five hundred dollars ($2,500.00) , whichever is greater. The gross revenue to which the five percent (5%) shall be applied shall not include gross revenues received directly or indirectly from the provision of information service unless the city, by future action, amends this chapter to provide for the inclusion of such revenues in calculating the quarterly payment under this section.
(B) Any operator that does not receive gross revenues within the meaning of this chapter shall make quarterly payments to the city of a linear foot charge. The charge shall be calculated by multiplying the linear feet of any facility installed in the rights-of-way times one dollar and ten cents ($1.10). The charge shall be calculated by the city. This charge shall serve as a minimum fee and is subject to adjustment to account for the size, quantity and location of the facilities subject to the charge.
(C) The rights-of-way usage fee paid by each operator pursuant to this chapter shall be a matter of public record and available for public inspection.
(D) On thirty (30) days' notice to an operator, the city may audit an operator at any time. The operator shall furnish information to demonstrate its compliance with this section.
(E) Where the city charges an operator a franchise fee pursuant to a franchise agreement or other agreement related to the provision of utility service, the city shall credit such franchise fee payments against the right-of-way usage fee so that the total fees paid shall not exceed the amounts required by divisions (A) and (B) above.
(F) An operator shall keep complete and accurate books of accounts and records of business and operations in accordance with generally accepted accounting principles for a period of five (5) years. The city may require the keeping of additional records or accounts that are reasonably necessary for purposes of compliance with this chapter as reasonably necessary to ensure effective rights-of-way management and the accuracy of fee-related information. The city may examine the operator's books and records for purposes of compliance with this chapter.
(G) An operator shall make available to the city for the city to examine, audit, review and copy in the city and on the city's reasonable written request its books and records including papers, books, accounts, documents, maps, plans and other provider records pertaining to a municipal consent granted under this chapter. An operator shall fully cooperate in making records available and otherwise assist the city examiner. The city examiner shall not make copies of customer-specific information.
(Ord. 2003-08, passed 3-17-03)