(a) Compensation. As compensation for the City's costs to administer this chapter, 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 registration maintenance fees to the City beginning January 1, 2017. 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 City 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 City was not able to reasonably recover through right-of-way permit fees or other recovery mechanisms provided for in this chapter.
(2) Providers and applicants, as required in Section 907.04(b), shall accurately inform the City upon application for a certificate of registration and on or before each subsequent January 1 st 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 1st.
(3) The City shall total the entire number of miles of right-of-way reported as being used or occupied by all providers.
(4) The City shall divide the calculated costs referenced in division (a)(1) of this section by the total number of miles of right-of-way reported as being used or occupied by all providers as referenced in division (a)(3) of this section to arrive at a per-mile cost number.
(5) The City shall then multiply each Provider's mileage calculation as referenced in division (a)(2) of this section by the per-mile cost calculation referenced in division (a)(4) of this section. The product shall be a provider's then current annual registration maintenance fee.
(6) The City 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 thirty days following receipt.
(7) Cable companies operating under non-exclusive cable franchises for the purposes of providing cable service, and providers of open video system services, which compensate the City under other mechanisms, shall have the mileage of the right-of-way they use and/or occupy included in the calculations described in this section, but shall not be required to contribute to the recovery of rights-of-way costs as defined by this chapter with the exception of permit costs.
(8) The City shall act, on or about January 31 st of each year, in accordance with the results of division (a)(6) of this section, to codify a new annual registration maintenance fee (per mile) by appropriately increasing or decreasing the previous year's registration maintenance fee (per mile) as then listed on the schedules. Revised registration maintenance fees shall be effective upon passage.
(b) Timing. 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 City 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 this chapter and shall not be considered an offset to, or in lieu of, the fees and charges listed in this chapter. The registration maintenance fee is not in lieu of any tax, fee, or other assessment except as specifically provided in this chapter, or as required by applicable law.
(d) Interest on Late Payments. In the event that any registration maintenance fee is not paid to the City by the date due, the provider shall pay a monthly late charge of one percent of the unpaid balance for each month or any portion thereof for which payment is not made.
(e) No Accord and Satisfaction. Acceptance by the City of any registration maintenance fee shall not 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 City may have for additional sums due and payable.
(Ord. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)