(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 or otherwise using and occupying the Rights-of-Way shall pay to the City a Registration Maintenance Fee. 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 as an annual fee, for each calendar year, based upon the following:
(1) Providers utilizing equal to or greater than thirty miles of Right-of-Way shall pay a fee of three thousand dollars per year.
(2) Providers utilizing less than thirty miles of Right-of-Way shall pay a fee of one thousand dollars per year.
(b) Timing. Registration Maintenance Fees shall be paid in advance for each year prior to January 31. Partial year permits shall be prorated.
(c) Taxes and Assessments. To the extent taxes or other assessments are imposed by any taxing authority or community authority 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 or assessments. 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 April 1, the Provider shall pay a monthly late charge of one percent (5%) of the unpaid balance for each month or any portion thereof for which payment is not made. Late payments on Registration Maintenance Fees may result in the denial of future Right-of-Way permits.
(e) No Accord and Satisfaction. No acceptance by the City of any Registration Maintenance Fee shall 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 payable.
(Ord. 53-2018. Passed 6-28-18; Ord. 86-2021. Passed 9-23-21.)