[Ord. No. 01-07 §1, 1-17-2001]
[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:
