(a) Applicability. Broadband utility service may be provided upon request, to all business, institutional, and other non-residential customers in the Village. "Non-residential" customers are those that already receive utility bills from the Village for electric and other utility services under the "general rate" as structured under Section 1041.01
, or would otherwise not qualify as a "residential" customer.
(b) The Village Manager has authority to negotiate agreements with non-residential customers for business and institutional issues such as server co-location, web hosting, customer firewall and network requirements, static internet protocol ("IP") addressing, contract conditions, customer hardware requirements, and any other services, hardware, or equipment to be provided. All such agreements shall be reviewed and approved as to form and correctness by the Village Solicitor prior to execution.
(c) On a case-by-case basis, the Village Manager may negotiate rates for individual business, institutional and/or non-residential customers based upon the unique operational needs of a non-residential customer if the pricing tier structure within the rates approved by Council is not adequate.
(d) Late Fees and Interest. The Finance Director is authorized to collect a late fee of twenty-five dollars ($25.00) per invoice consistent with other Village utility billing practices plus interest on any unpaid balance at the statutory interest rate then in effect pursuant to R.C. § 5703.47. The Finance Director has discretion to waive any late fees or interest charges as may be appropriate.
(e) If any of the Village's broadband equipment is damaged after it has been installed for use of a non-residential customer, the Finance Director is authorized to seek reimbursement of costs of such property damage from the non-residential customer and shall have the discretion to terminate service as a nonexclusive remedy that is in addition to any other criminal or civil remedies that may be available at law.
(f) Wholesale Customers. The Village Manager has discretion to negotiate use or lease of the Village's fiber network and data center by other internet service providers or other wholesale customers, consistent with co-location requirements under applicable laws. The terms and conditions of such agreements shall be reviewed as to form and content by the Village Solicitor and require approval by Village Council, but no exclusive franchise may be granted pursuant to Section 57
of the Village Charter.
(Ord. 2021-24. Passed 9-20-21.)