(A) Compensation. As compensation for the Village's costs to administer Chapter 95, manage, administer and control the rights of way and maintain each certificate of registration issued, every provider or any person operating a system shall pay to the Village registration maintenance fees beginning January 1, 2009. The registration maintenance fee shall be determined and assessed to providers and other persons operating a system or otherwise using and occupying the rights of way in accordance with the following process and formula:
(1) The Village by January 31 of each year shall calculate all actual and incurred costs associated with rights of way management, administration and control for the previous calendar year that the Village was not able to reasonably recover through construction permit fees or other recovery mechanisms provided for in Chapter 95.
(2) Providers and applicants, as required in § 95.04(B), shall accurately inform the Village upon application for a certificate of registration and on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right of way the provider's system then occupied as of the immediately previous December 1.
(3) The Village shall total the entire number of miles of right of way reported as being used or occupied by all providers.
(6) The Village shall perform its annual calculation of registration maintenance fees following receipt of the providers required January 1 mileage report. Registration maintenance fees shall be invoiced to providers on or about February 1 of each calendar year and shall be due 30 days following receipt.
(7) Cable companies operating under non-exclusive cable franchises for the purposes of providing cable service, video services provider operating under a VSA for the purpose of providing video services, and providers of open video system services, which compensate the Village under other mechanisms in an amount equal to or greater than the annual registration maintenance fee that would normally be required for their right of way use in the Village, shall have the mileage of the right of way they use and/or occupy included in the calculations described in § 95.05, but shall not be required to contribute to the recovery of rights of way costs as defined by Chapter 95 with the exception of permit costs.
(8) The Village may by separate legislation enacted by Council on or about January 31 of each year, in accordance with the results of § 95.05(A)(4), enact an initial and thereafter a new annual registration maintenance fee (per mile) by appropriately increasing or decreasing the previous years registration maintenance fee (per mile). Revised registration maintenance fees shall be effective upon passage.
(B) Timing. Registration maintenance fees shall be paid in advance by January 1 of each calendar year. Registration maintenance fees shall be paid in full for the first year of the registration as a condition of the certificate of registration becoming effective. Fees may be prorated from the effective date of the certificate of registration to the end of the calendar year if less than one full year.
(C) Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of village property as a result of a provider's use or occupation of the rights of way, the provider shall be responsible for payment of such taxes. Such payments shall be in addition to any other fees payable pursuant to Chapter 95 and shall not be considered an offset to, or in lieu of, the fees and charges listed in Chapter 95. The registration maintenance fee is not in lieu of any tax, fee, or other assessment except as specifically provided in Chapter 95, or as required by applicable law.
(D) Interest on late payments. In the event that any registration maintenance fee is not paid to the Village by January 31, the provider shall pay a monthly late charge of 1% of the unpaid balance for each month or any portion thereof for which payment is not made.
(E) No accord and satisfaction. No acceptance by the Village of any registration maintenance fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such registration maintenance fee payment be construed as a release of any claim the Village may have for additional sums payable.
(Ord. O-2204-09, passed 10-19-09)