(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FRANCHISE. Authorization given by the city to a person to operate a utility within the City of St. Charles.
PUBLIC WAYS. Streets, avenues, alleys, parkways, walkways and other public rights-of-way within the city.
UTILITIES. An electric distribution system, a gas distribution system, a sanitary sewer collection system, a water distribution system, a storm sewer collection system, a cable communication system and a waste collection system.
(B) Franchise required. It shall be unlawful for any person to construct, operate or maintain a utility in the City of St. Charles unless the utility is owned and operated by the city or the person has first obtained and currently holds a valid franchise agreement established with the city.
(C) Administration and use of public right-of-way. The city may impose a franchise fee for the administration of the franchise agreement and for the franchisee's use of the public right-of-way.
(D) Franchise fee.
(1) The franchisee shall pay to the city an amount equal to 3% of its annual gross revenues.
(2) Payments due the city under this provision shall be payable quarterly. The payment shall be made within 90 days of the end of each of the franchisee's fiscal quarters together with a brief report showing the basis for the computation.
(3) All amounts paid shall be subject to audit and recomputation by the city.
(4) The city reserves the right to charge the franchisee a monthly franchise fee, which shall not exceed 5% of its annual gross revenues. The city may impose this franchise fee by providing written notice thereof to the franchisee at least 90 days before commencement of the fee.
(1987 Code, § 305.10) Penalty, see § 10.99