[R.O. 2011 §250.550; Ord. No. 2000-92 §2(7.1), 12-5-2000]
It is the purpose of this Article to provide for the payment
and recovery of all direct and indirect costs and expenses of the
City related to the enforcement and administration of this Chapter,
as well as fair and reasonable compensation for the use of public
ways.
[1]
Editor’s Note: Former Sections 250.500, Registration
Fee, 250.510, Public Ways Use Permit Application Fee, and 250.520,
Other City Costs, were repealed 2-6-2018 by Ord. No. 1578.
A.
The excavation permit fee shall be recommended by the Administrator,
approved by the Board, and set out in the schedule of fees and charges
in the City Clerk's Office.
B.
The Administrator is to establish separate fee structures for minor
and major projects, and for major project, shall include standards
for recovery of actual, substantiated costs based on additional staff
involvement required by the size and complexity of such projects.
C.
The excavation permit fee shall include an administrative fee and
inspection fee but shall not include attorney's fees or any fee prohibited
by applicable law.
D.
Fees paid for the excavation permit, which is subsequently revoked
by the Administrator are not refundable.
E.
In the event the scope of the project is revised during the course
of the work, the Administrator may recalculate the fee based on a
change in the scope of work, and may require an additional administrative
fee.
F.
The ROW user shall be responsible for all reasonable costs borne
by the City that are directly associated with ROW user's installation,
maintenance, repair, operation, use, and replacement of its facilities
in the right-of-way that are not otherwise accounted for as part of
the permit fee established pursuant to this Chapter, to the extent
permitted by law, all such costs shall be itemized and the City's
books and records related to these costs shall be made available upon
request of the ROW user.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “Construction Permit Fees” to “Excavation
Permit Fees.”
[R.O. 2011 §250.620; Ord. No. 2000-92 §2(7.8), 12-5-2000; Ord. No. 1578, 2-6-2018[1]; Ord. No. 1926, 6-20-2023]
A.
Fees. Unless otherwise provided, each ROW User shall pay to the City
as monthly compensation for the use of the right-of-way a linear foot
fee equal to ten dollars ($10.00) for the first mile of linear facilities,
or part thereof, plus one cent ($0.01) per linear foot thereafter
plus ten dollars ($10.00) for each antenna in the right-of-way up
to a maximum charge under this Section of one thousand dollars ($1,000.00).
Provided that ROW user shall be entitled to a credit against
the linear foot fee hereunder equal to the payments(s) made to and
received by the City from such ROW user for the same period for the
gross receipts tax on ROW user's communications services or contractual
license fee obligation; provided, however, such credit cannot exceed
the amount due under this Subsection and may not be carried forward
or back to any other time period.
B.
Timing Of Payment Of User Fees. Unless otherwise agreed to in writing,
all linear foot fees shall be due and payable on a monthly basis within
sixty (60) calendar days of the close of each month for which the
payment applies (the "due date").
C.
Interest Of Late Payments And Under Payments. If any linear foot
fee, or any portion thereof, is not postmarked or delivered on or
before the due date, interest thereon shall accrue from the due date
until received, at the rate of one and one half percent (1.5%) per
month or at such other maximum rate as may be allowable by Missouri
law.
D.
Fee Statement. Each linear foot fee payment shall be accompanied
by a statement showing the manner in which the linear foot fee was
calculated. If any fee statement is determined to understate the fee
owed, then such additional amount owed shall be made with a corrected
statement, including interest on said amount as provided herein. Within
ninety (90) calendar days following the end of the calendar year,
each ROW User shall submit a statement, certified as true, setting
forth its gross revenues, the amount of linear foot and antennae within
the facilities, and describing what revenues or receipts were included
and excluded in the fee calculations for the calendar year, and describing
any adjustments made in determining the user fee.
E.
No Accord And Satisfaction. No acceptance by the City of any fee
or any other payment shall be construed as an accord that the amount
paid is in fact the correct amount, nor shall acceptance of any user
fee or any other payment be construed as a release of any claim of
the City.
F.
Maintain Records. ROW User shall at all times maintain complete and
accurate books of account and records of the business, ownership,
and operations of the ROW User with respect to the facilities in a
manner that allows the City to determine whether the ROW User has
properly calculated its fee in compliance with this Chapter. Should
the City reasonably determine that the records are not being maintained
in such manner, the ROW User shall correct the manner in which the
books and/or records are maintained so that the ROW User comes into
compliance with this Section. All financial books and records which
are maintained in accordance with FCC regulations and the regulations
of any governmental entity that regulates utilities in Missouri, and
generally accepted accounting principles shall be deemed to be acceptable
under this Section. Such books and records shall be maintained for
a period of at least three (3) years.
G.
Right Of Inspection. The City or its designated representatives shall
have the right to inspect, examine or audit, during normal business
hours and upon reasonable notice, all documents, records or other
information that pertains to the facilities within rights-of-way and/or
ROW User's user fee obligations. In addition to access to the records
of ROW User for audits, upon request, ROW User shall provide reasonable
access to records necessary to verify compliance with the terms of
this Chapter.
[1]
Editor’s Note: Ord. No. 1578 also changed the title
of this Section from “User Fees” to “Linear Foot
Fees.”
[R.O. 2011 §250.630; Ord. No. 2000-92 §2(7.9), 12-5-2000]
The City may, in its sole and absolute discretion, grant rights
to use City property. If the right is granted, by lease, license,
use permit, franchise or other manner, to use and occupy City property
for the installation of facilities, the compensation to be paid shall
be fixed by the City.
[R.O. 2011 §250.640; Ord. No. 2000-92 §2(7.10), 12-5-2000]
The fees and costs provided for in this Article, and any compensation
charged and paid for the public ways provided for in this Chapter,
are separate from, and additional to, any and all Federal, State,
City or other local taxes as may be levied, imposed or due.
