A. Purpose: It is the purpose of this Section to provide for the payment and recovery of all direct and indirect costs and expenses of the Village related to the enforcement and administration of this Chapter.
B. Application, Review And Construction Fee:
1. Any applicant for a license or franchise pursuant to Section 8-8-6 or 8-8-7 of this Chapter shall pay a fee of one thousand dollars ($1,000.00) or one percent (1%) of the estimated cost of applicant's proposed telecommunications facilities, as certified by the applicant's professional engineer, whichever is greater, plus any and all direct and indirect costs incurred by the Village in employing professional consultants that review the application.
3. An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within sixty (60) days of its application review and construction fee written request, be refunded the balance of its deposit under this Section, less:
a. Five hundred dollars ($500.00) or one-half of one percent (0.5%) of the estimated cost of applicant's proposed telecommunications facilities, whichever is greater, as established pursuant to subsection B1 above, and
b. Any and all direct and indirect costs incurred by the Village in employing professional consultants that review the application.
C. Other Village Costs: All license or franchise grantees shall, within thirty (30) days after written demand therefor, reimburse the Village for all direct and indirect costs and expenses incurred by the Village in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
D. Reserved Compensation For Public Ways: The Village reserves its right to annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise grantee. Nothing in this Section shall prohibit the Village and a grantee from agreeing to the compensation to be paid for the granted property rights.
E. Compensation For Village Property: If the right is granted, by lease, license, franchise or other manner, to use and occupy Village property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the Village.
F. Annual Fees: Unless otherwise agreed in a license or franchise grant agreement, each license or franchise grantee shall pay an annual license fee to the Village equal to five hundred dollars ($500.00) as reimbursement for the Village's costs in connection with reviewing, inspecting and supervising the use and occupancy of the public ways in behalf of the public and existing or future users.
G. Cable Fees: Cable television franchisees shall be subject to the franchise fees, payments and costs provided in Title 11, Chapter 1 of this Code.
H. Regulatory Fees And Compensation Not A Tax: The regulatory fees and costs provided for in this Section, and any compensation charged and paid for the public ways provided for in subsection D hereof are separate from, and additional to, any and all Federal, State, local and Village taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. (1997 Code)