(a) Every person issued a general right of way permit shall pay an annual use fee, for each calendar year, based upon the miles of right of way which the permit holder uses or occupies in said calendar year as follows:
Permit holder occupancy | Annual fee |
0 - 3 miles | $ 1,000 |
>3 - 10 miles | $ 5,000 |
>10 - 30 miles | $20,000 |
>30 - 60 miles | $35,000 |
>60 - 90 miles | $50,000 |
over 90 miles | $75,000 |
The use fee shall be paid in quarterly installments made on or before March 31, June 30, September 30 and December 31 of the calendar year.
(b) Every person issued a special right of way permit shall pay an annual use fee of two dollars ($2.00) per lineal foot of right of way used or occupied in said calendar year but not less than one thousand dollars ($1,000.00). The use fee shall be paid in advance for each calendar year prior to January 31 of such year. The Director of Public Utilities may waive the use fee for special right of way permits granted to federal, state or local agencies.
(c) Each person granted a general right of way permit shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the City. The Director of Public Utilities and the Director of Finance shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to ensure that the payments made by the permit holder are accurate and that the permit holder is in compliance with the provisions of this chapter and its right of way permit.
(d) In the event that any use fee is not paid to the City as required by this section, the permit holder shall pay a monthly late charge of one percent (1%) of the unpaid balance for each month or any portion thereof for which payment is not made. In the event of a genuine dispute over the amount of the use fee owed by a permit holder, the late charge shall not be assessed against any disputed balance that is placed into an interest-bearing escrow account held on behalf of the parties pending resolution of the dispute.
(e) No acceptance by the City of any use fee shall be construed as an accord that the amount paid is in fact the correct amount nor shall such acceptance of such use fee be construed as a release of any claim the City may have for additional sums payable. The use fee is not a payment in lieu of any tax, fee or other assessment.
(Ord. 375-02. Passed 10-8-02.)