(a) Except for any fees charged pursuant to Chapter 1020, general right-of-way permittees who have a franchise shall not be liable for any additional right-of-way permit fees over and above any franchise fees specified in its franchise for uses of rights-of-way directly related to the uses for which such permittee holds its franchise , so long as the amount of such fees due in each quarter is equal to or greater than the amounts otherwise due the municipality pursuant to Section 1010.07(B). If the amount due under Section 1010.07(B) is more than said franchise fees, then the permittee 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 municipality as set forth in Section 1010.07(E). Any cable television provider that has a valid franchise to operate a cable television system within the Municipality shall not be liable for any additional right-of-way 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 municipality pursuant to Section 1010.07(B). If the amount due under Section 1010.07(B) 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 municipality as set forth in Section 1010.07(E).
(b) General right-of-way permit fees. In addition to any fees charged pursuant to Chapter 1020, all general right-of-way permittees, shall pay an annual fee, for each calendar year in an amount equal to three hundred dollars ($300.00),
(c) Limited right-of-way permit fees. In addition to any fees charged pursuant to Chapter 1020, limited right-of-way permittees shall pay an annual fee of three hundred dollars ($300.00). This fee shall be waived for all limited right-of-way permits for residential purposes and may be waived by the Administrator for limited right-of-way permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions. Such fee shall be paid in advance for each calendar year prior to January 31 of such year.
(d) Further specification regarding the determination and calculation of the fees set forth in Sections 1010.07(B) and (C) may be set forth in the regulations.
(e) All fees pursuant to this chapter shall be paid by check, money order or wire transfer to this municipality or as the regulations may require.
(f) Each general right-of-way permittee shall maintain books, records, maps, documents and other evidence directly pertinent to its calculation of payments to the municipality. The Administrator, the City Treasurer or either's designated agents shall have reasonable access to any books, records, maps, documents and other evidence for inspection, copying and audit to the extent necessary to assure that the payments hereunder are accurate and that all right-of-way permittees fully comply with the provisions of this chapter and their respective right-of-way permits, subject to the provisions of federal and state law.
(g) Any increase in fees must be by ordinance of the Municipal Council.
(Ord. 06-2007. Passed 5-3-07.)