City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 01-07 §1, 1-17-2001]
A. 
An applicant for rights-of-way registration shall pay a fee of fifty dollars ($50.00).
B. 
An applicant for a rights-of-way permit shall pay a fee of two hundred dollars ($200.00).
[Ord. No. 01-07 §1, 1-17-2001]
A. 
A ROW user shall pay to the City the following fees applicable to such person as and for the public rights-of-way rent as full and fair compensation for the installation and use of facilities in the public rights-of-way or such other fees as may hereafter from time to time be established by ordinance, provided however, that for any person with an existing license or franchise, any provision in such existing license or franchise concerning fees shall prevail for the period of such license or franchise:
1. 
ROW Users having transmission lines in any public rights-of-way shall pay an annual fee calculated at the rate of two dollars ($2.00) per linear foot of facilities from time to time located in the public rights-of-way, with a minimum annual fee of four thousand eighty dollars ($4,080.00) through 2001 and five thousand dollars ($5,000.00) per year thereafter, subject to the fee adjustments provided herein. Said annual fee shall be paid based on the linear feet of facilities located in the public rights-of-way at the close of the year for which the payment is due or based on such minimum.
2. 
A ROW user having radio or other non-wire facilities in the public rights-of-way shall pay the following:
a. 
An annual fee in an amount equal to five percent (5%) of the ROW user's annual adjusted gross revenue, with a minimum fee of four thousand eighty dollars ($4,080.00) per year through 2001 and five thousand dollars ($5,000.00) per year thereafter, subject to the fee adjustments provided herein.
b. 
In addition to such annual fee, a non-wire ROW user shall pay to the City as compensation for the use of any municipal facility upon which a radio or other non-wire equipment has been installed pursuant to agreement with the City rental in such amount and at such time as may be provided in an agreement with the City.
3. 
Persons having both wire and non-wire facilities in the public rights-of-way shall pay the higher of the fee that would be due based on either the person's wire or non-wire facilities.
B. 
Fee Adjustments. Beginning January 1, 2003, and every two (2) years thereafter, the rate of compensation shall be adjusted over the prior year by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982 — 1984=100) which occurred during the previous rate period for the Midwest Urban Consolidated Metropolitan Statistical Area.
No adjustment shall be made to reduce any applicable payment rate. If the designated Consumer Price Index is not available for use as the current index number for the period provided, the Director shall calculate the adjustment using another appropriate standard cost of living index.
C. 
Any person obligated to pay ROW user fees shall be allowed as a credit against any such fees an amount equal to all sums paid to the City by such person under the City's applicable business license tax up to the amount of the ROW user fees. In no event shall such credit result in a refund from the City.
[Ord. No. 01-07 §1, 1-17-2001]
Nothing contained herein shall relieve the ROW user of any obligations imposed by City ordinances upon telephone companies or other persons.
[Ord. No. 01-07 §1, 1-17-2001]
A. 
A ROW user shall pay the amount of fee due for each year by the close of business on December thirty-first (31st) of the year for which the payment is calculated.
B. 
A ROW user shall furnish the City with each payment a statement certified by the payor's chief financial officer or an independent certified public accountant certifying to the basis of the calculation of the payment.
C. 
In the event any ROW fee or other payment due is not made on or before the date specified herein, interest charges shall also be due on the amount owed, computed from such due date, at an annual rate equal to the rate provided by Missouri law for interest on judgments during the period such unpaid amount is owed, plus a penalty of two percent (2%) of the amount owed.
[Ord. No. 01-07 §1, 1-17-2001]
A. 
A ROW user shall keep accurate books of account and records containing such accounts and records as may be necessary for the purpose of determining the amounts due to the City. Such records shall be maintained for at least five (5) years. The City may inspect a ROW user's books of account at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time, but in each case only to the extent necessary to confirm the accuracy of payments due the City. A ROW user shall, within fifteen (15) days after a request by Bridgeton, make such books of account and records containing records relative to the amount due the City, or true copies thereof, available to Bridgeton in Bridgeton at the Bridgeton City Hall, at ROW user's expense, no more than once per year for such inspection by Bridgeton. The City agrees to hold in confidence any non-public information it learns from ROW user to the fullest extent permitted by law. Such records will include detail of gross revenue by end user bill-to address and the related data and calculations made to determine fees and taxes owed to Bridgeton. If the results of any audit indicate that ROW user:
1. 
Paid the correct ROW user fee and taxes, or
2. 
Overpaid the ROW user Fee and taxes and is entitled to a refund or credit, then the City shall pay the costs of the audit. If the results of the audit indicate that ROW user underpaid the ROW user fee and taxes, then ROW user shall pay the reasonable costs of the audit. Any additional amounts due to the City as a result of the audit shall be paid within thirty (30) days following written notice to the person by the City of the underpayment, which notice shall include a copy of the audit report. If recomputation results in an additional amount to be paid to the City, such amount shall be subject to interest and penalties as specified in this code for delinquent payments.
[Ord. No. 01-07 §1, 1-17-2001]
A. 
Adjusted Gross Revenue. "Adjusted gross revenue" means all revenue received by any person with respect to and/or deriving from the provision of services, whether directly by the person or through a reseller, to customers with billing addresses in the City from January first (1st) through December thirty-first (31st) of a calendar year. "Adjusted Gross Revenue" shall not include:
1. 
Local, State or Federal taxes that have been billed to the subscribers and separately stated on subscribers' bills; and
2. 
Revenue uncollectable from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in adjusted gross revenue.
B. 
All words and phrases used herein that are defined in Chapter 560, Telecommunications Public Rights-of-Way Usage Code, shall have the same meaning as defined in such Code.