(a) Compensation. As compensation for the City's costs to administer this Chapter, manage, administer, and control the rights-of-way and for each Certificate of Registration issued, every Provider or any person operating a system shall pay to the City registration maintenance fees beginning January 1, 2023. 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 in accordance with the following process and formula:
(1) The City by January 31st of each year shall calculate all actual and incurred costs associated with rights-of-way management, administration, and control for the previous calendar year that the City was not able to reasonably recover through Construction Permit fees or other recovery mechanisms provided for in this Chapter.
(2) Providers and applicants, as required in Section 1028.07(b), shall accurately inform the City upon application for a Certificate of Registration and on or before each subsequent January 1st of the number of miles (rounded up to the nearest mile) of rights-of-way the Provider's system then occupied as of the immediately previous December 1st.
(3) The City shall total the entire number of miles of rights-of-way reported as being used or occupied by all Providers.
(4) The City shall divide the calculated costs referenced in Section 1028.08(a)(1) by the total number of miles of right-of-way reported as being used or occupied by all Providers as referenced in Section 1028.08(a)(3) to arrive at a per-mile cost number.
(5) The City shall then multiply each Provider's mileage calculation as referenced in Section 1028.08(a)(2) by the per-mile cost calculation referenced in Section 1028.08(a)(4). The product shall be a Provider's then current annual registration maintenance fee.
(6) The City shall perform its annual calculation of registration maintenance fees following receipt of the Providers required January 1st mileage report. Registration maintenance fees shall be invoiced to Providers on or about February 1st of each calendar year and shall be due thirty (30) calendar days following receipt.
(7) Cable companies operating under non exclusive cable franchises for the purposes of providing cable service and Video Services Providers operating under a VSA for the purpose of providing video services which compensate the City under other mechanisms in an amount equal to or greater than the annual registration maintenance fee that would normally be required for their rights-of-way use in the City, shall have the mileage of the rights-of-way they use and/or occupy included in the calculations described in Section 1028.08 but shall not be required to contribute to the recovery of rights-of-way costs, as defined in this Chapter, with the exception of Permit costs.
(8) The City may by separate legislation enacted by City Council on or about January 31st of each year, in accordance with the results of Section 1028.08(a)(4), enact an initial and thereafter a new annual registration maintenance fee (per mile) by appropriately increasing or decreasing the previous year's registration maintenance fee (per mile). Revised registration maintenance fees shall be effective upon passage.
(b) Timing. Registration maintenance fees shall be paid within thirty (30) calendar days of the City providing an invoice to a Provider. Registration maintenance fees shall be paid in full for the first year of the registration as a condition of the Certificate of Registration becoming effective. Fees may be prorated from the effective date of the Certificate of Registration to the end of the calendar year if less than one (1) full year.
(c) Taxes and Assessments. To the extent taxes or other assessments are imposed by taxing authorities 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. 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 the date due, a monthly late charge of one percent (1%) of the unpaid balance shall be paid by the Provider for each month or any portion thereof for which payment is not made.
(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.
(f) Costs of Publication. A Provider shall assume all actual and direct newspaper or other appropriate publication costs of up to One Thousand Dollars ($1,000.00) associated with its Certificate of Registration that may be required by law or that may otherwise be required by its application for a Certificate of Registration or other Permit as provided for herein.
(Ord. 2022-46. Adopted 12/08/22)