§ 49.04.01. Compensation.

(A)

Unless otherwise prohibited by law, as compensation for the city's costs to administer this title, manage, administer and control the rights-of-way and maintain each certificate of registration issued, every provider shall pay to the city a registration maintenance fee. Unless otherwise dictated by state or federal law, the registration maintenance fee shall be determined and assessed to providers in accordance with the following process and formula:

(1)

The city, annually, shall calculate all actual, direct, 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 right-of-way construction permit fees or other recovery mechanisms provided for in this title.

(2)

Providers and applicants shall accurately inform the city upon application for a certificate of registration and on or before each subsequent January 1 of the number of miles (rounded up to the nearest mile) of right-of-way the provider's system then occupied as of the immediately previous December 1.

(3)

The city shall total the entire number of miles of right-of-way reported as being used or occupied by all providers.

(4)

The city shall divide the calculated costs by the total number of miles of right-of-way reported as being used or occupied by all providers to arrive at a per-mile cost number.

(5)

The city shall then multiply each provider's mileage calculation by the per-mile cost calculation. 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 provider's required January 1 mileage report. Registration maintenance fees shall be invoiced to providers within 120 calendar days of receipt of the provider's required January 1 mileage report and shall be due within 30 calendar days of the date of the invoice. All fees shall be invoiced to providers by April 1 of each calendar year.

(7)

Cable companies operating under non-exclusive cable franchises for the purposes of providing cable service, video services provider operating under a VSA for the purpose of providing video services, and providers of open video system 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 right-of-way use in the city, shall have the mileage of the right-of-way they use and/or occupy included in the calculations, but shall not be required to contribute to the recovery of rights-of-way costs as defined by this chapter with the exception of permit costs.

(8)

The city may by separate legislation enacted by city council on or about February 28 of each year, 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)

Registration maintenance fees shall be paid each calendar year in accordance with this chapter. 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 full year.

(C)

To the extent taxes or other assessments are imposed by any taxing authority or community authority 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 or assessments. 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)

The provider shall pay a monthly late charge of one percent of the unpaid balance for each month or any portion thereof for which payment is not made in accordance with provision (A)(6) of this section. Late payments on registration maintenance fees may result in the denial of future right-of-way permits.

(E)

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)

Special right-of-way permittees shall pay an annual fee of $2.00 per lineal foot of right-of-way used or occupied. Such annual fee shall be paid in advance for each calendar year prior to January 31 of such year, or may be calculated and paid for the entire term of the special right-of-way permit upon issuance of the permit.

(1)

The special right-of-way permit annual fee may be waived by the service-safety director or his/her designee for special right-of-way permittees that are agencies of the government of the United States, the State of Ohio, or its political subdivisions.

(Ord. No. 0-149-18, § I, 12-10-2018)