(A) In addition to the nonrefundable application fee set forth in
§ 158.18(C) and fees for other permits or authorizations required by village ordinances or other governmental units, the permittee and existing provider shall pay an annual fee in an amount determined as set forth in division (B) below.
(B) Unless otherwise provided by federal or state law, the annual fee to be charged a permittee or existing provider under division (A) above shall not exceed the village's fixed and variable costs to maintain the public rights-of-way and to administer the permit granted under this chapter. The fixed and variable costs to the village to maintain the public rights-of-way used by a permittee and existing provider and to administer the permit granted under this chapter may be calculated on a per foot, percentage of gross revenue, or other appropriate basis considering the size of the wire, cable, equipment, pole, duct, pipe, or conduit installed or used by a permittee or existing provider in the public rights-of-way, and shall be established from time to time by resolution of the Village Council.
(C) Permittees who share conduits or other similar facilities, or which are bundled or otherwise grouped together, whether overhead or underground, shall each pay an annual fee in full.
(D) For purposes of this section, each year shall begin on January 1 and end on December 31. Annual fees shall be paid on or before February 15 of the year for which the fee is paid. For the year in which a permit is issued, the annual fee shall be the greater of the minimum fee or annual fee prorated for the balance of the year. All sums not paid before February 15 shall bear interest calculated monthly at a rate equal to 9% per annum or the other interest rate as set by resolution of the Village Council.
(E) An existing provider shall also pay the annual fees established pursuant to this chapter for its system which exists within the public rights-of-way of the village on the effective date of this chapter as if the existing provider had a permit covering the existing system. For the year beginning 1-1-2000, the annual fee for existing providers shall be the greater of the minimum fee or prorated annual fee as of the effective date of this chapter and shall be paid within 180 days after the effective date of this chapter. In the event the annual fee for 2000 is not paid when due, the provisions of division (D) above governing late payments shall apply. The annual fees to be paid by an existing provider pursuant to this chapter shall be calculated in the same manner as for a permittee.
(F) In the event the permittee or existing provider has been granted a cable service (television) franchise by the village and is paying a franchise fee, then the annual fees provided by this chapter shall only apply to the extent the annual fee exceeds the cable service franchise fee.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99