[Ord. No. 14.529 §1, 1-22-2013]
A. 
Attachment Agreement And Fee Required. No person or entity, other than the City or a department thereof, shall attach or maintain any fixture to or place or maintain any facilities or wires on any City facilities, including any utility pole or other fixture or facility of the City, without a valid and unexpired pole attachment agreement or other express written attachment agreement authorizing same approved by the Board of Aldermen after the date hereof and executed by such applicable person or entity, and payment of a pole attachment fee as set forth in Subsection (B) below, or as may be hereinafter approved as alternative lawful compensation in an agreement approved by the Board of Aldermen after the date hereof, or such other amount as may be established hereinafter by the Board of Aldermen by resolution or ordinance. Failure to hold and maintain a current and valid attachment agreement with the City shall not excuse payment of the attachment fee at the rate required herein plus additional penalties. When an attachment agreement expires and such attachments are not removed, and in addition to any penalties or other requirements, the licensee during any such holdover period shall pay monthly one-sixth (1/6) of the rate below or one-sixth (1/6) of the rate in the expired agreement, whichever is greater, until a valid agreement is obtained or the attachments are removed. The licensee shall indemnify and be responsible to pay all costs incurred by the City in any way due to or arising from any such attachment or violation of any provision hereof or of any pole attachment agreement, including, but not limited to, attorneys' fees, except as may be otherwise expressly provided by agreement. Any person making or maintaining attachments to City facilities hereinafter shall be deemed to accept the provisions of this Article as a condition of such continued use after the effective date hereof. Any attachment agreement shall be deemed subject to and incorporate the terms of this Article except as may be expressly established to the contrary.
B. 
Attachment Fee Rates. The attachment fee rate shall be based on a per pole/facility, per year basis and shall be equal to ten dollars ($10.00) per pole/facility, per year for the calendar year 2013, and increased by twenty-five cents ($0.25) over the previous years' pole attachment fee rate each year thereafter, except as such other rate may be established by the City; provided, such adjustments shall be established not more than annually.
C. 
Payment And Affidavit. Unless otherwise provided by attachment agreement, amounts due under this Section shall be paid to the City not later than January 15th of each year for the current calendar year (or pro rata portion thereof if less than a full year), and any amount unpaid after such date shall accrue interest payable to the City at the rate of nine percent (9%) per annum, compounded monthly. Each payment shall be accompanied by an affidavit of the number of attachments to City-owned poles, fixtures, or facilities which exist as of January 1 and computation of the fee based on the number of attachments as of that date.
D. 
Agreement Required. No attachment to City poles or facilities shall be authorized except by authorized attachment agreement, which shall include such provisions as necessary to protect the public interest and provide for payment of the required compensation consistent with this Section. An application may be required containing such information as may be necessary to determine the appropriateness of the application and may contain a fee requirement in an amount sufficient to reimburse the City its costs or such other reasonable basis as permitted by law. A franchise or rights-of-way use agreement shall not be deemed to authorize attachments to City poles or facilities unless hereinafter expressly so provided therein. No attachment agreement shall be granted to any person or entity unless such person has a valid franchise or rights-of-way use agreement with the City, whether separately granted or expressly incorporated in the attachment agreement. An attachment agreement shall be reasonably reviewed and approved, denied or conditioned as the public interest dictates subject to all applicable law. Nothing herein shall be interpreted to contravene any unwaived rights in a duly authorized and lawful existing agreement with the City.
E. 
Penalty For Violation. Any person or entity violating any provision of this Section shall, in addition to being subject to all other remedies herein, be deemed guilty of an offense and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day's violation shall constitute a separate offense.