(a) Purpose. The purpose of this Section 902.09 is to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Service Provider or Contractor’s occupancy or use of the Right-of-Way and related to the enforcement and administration of this Chapter in accordance with applicable law.
(b) Recovery of Costs. Any City costs related to a Service Provider or Contractor’s occupancy or use of the Right-of-Way and recovered pursuant to this Chapter shall be considered Public Way Fees as that term is defined in this Chapter and Chapter 4939 of the Ohio Revised Code. Public Way Fees shall be assessed by the City Engineer in a manner that is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law.
(1) City costs related to a Service Provider or Contractors’ occupancy or use of the Right-of-Way which may be recovered include, but are not limited to, administrative costs associated with applications for consent to occupy or use the Right-of-Way, initial and annual registration under Section 902.03, issuance and enforcement of construction permits, under Section 902.08, and invoicing for inspections. The City Engineer may administratively establish a permit application fee for engineering review and inspection required under Section 902.08, including advance deposit of funds to secure same.
(2) City costs related to a Service Provider or Contractor’s use of the Right-of-Way and recovered pursuant to this Chapter from the Performance Bond, letter of credit and/or Construction Bond shall be considered Public Way Fees and shall be assessed by the City Engineer in accordance with Chapter 4939 and any other applicable law.
(c) Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this Chapter are separate from, and in addition to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Service Provider, Contractor, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Services.
(d) Special Fund. Any Public Way Fees levied by, and remitted to, the City pursuant to this Chapter shall be deposited in a special fund maintained by the City for that purpose in accordance with the requirements of Ohio R.C. 4939.05(D).
(Ord. 2023-70. Passed 8-1-23.)