(A) Except for any fees charged pursuant to this Chapter 97, 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 § 97.07(B). If the amount due under § 97.07(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 § 97.07(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 § 97.07(B). If the amount due under § 97.07(B) is more than said 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 § 97.07(E).
(B) (1) In addition to any fees charged pursuant to this Chapter 97, all general right-of-way permittees shall pay an annual fee, for each calendar year, in the amount of $1,200;
(2) Such payment shall be made in quarterly payments of $300 on or before March 31, June 30, September 30 and December 31 of the calendar year.
(C) In addition to any fees charged pursuant to this Chapter 97, limited right-of-way permittees shall pay an annual fee of $0.50 per lineal foot of right-of-way used or occupied, but not less than $50. This fee shall be waived for all limited right-of-way permits for residential purposes and may be waived by the Director 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 specifications regarding the determination and calculation of the fees set forth in § 97.07(B) and (C) may be set forth in the regulations.
(E) All fees pursuant to this chapter shall be paid by check money order or wire transfer to the village as the regulations require.
(F) 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 Director, the Village Fiscal Officer 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.
(G) Any increase in such fees must be approved by Council.
(Ord. 10-12-05, passed 1-4-11) Penalty, see § 97.99