(a) Any cable television provider that has a valid franchise to operate a cable television system within the city shall not be liable for any additional right-of-way occupancy 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 city pursuant to division (b) of this section. If the amount due under division (b) of this section 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 city as set forth in division (b) of this section.
(1) In addition to any fees charged pursuant to this chapter, all general right-of-way occupancy permittees shall pay an annual fee of $200.00. Every permittee shall pay to the city general occupancy right-of-way fees by March 1st of every year.
(2) All right-of-way related fees collected through this chapter shall be deposited in the electric fund to be utilized for the offset of municipal costs associated with the management and control of the public right-of-way.
(b) All fees pursuant to this chapter shall be paid by check, money order, or wire transfer to the City of Shelby, Ohio.
(c) Each general right-of-way occupancy permittee shall maintain books, records, maps, documents, and other evidence directly pertinent to its calculation of payments to the city. The Director, the Director of Finance and Public Record, or either's designated agents shall have reasonable access to any books, records, maps, documents, and other evidence for inspection, copying, and audit relative to the quantity of infrastructure in the public right-of-way to the extent necessary to assure that the payments hereunder are accurate and that all right-of-way occupancy permittees fully comply with the provisions of this chapter and their respective right-of-way permits. Upon a proper request by a permittee demonstrating that any portion of the information required constitutes a trade secret pursuant to R.C. §§ 133.61 through 133.69, or shall remain confidential pursuant to any local, state, or federal law or regulation, the material shall be treated as confidential and not subject to public disclosure.
(Ord. 14-2018, passed 9-4-2018)