It is the purpose of this article to provide for the payment of reasonable compensation for use of the public ways and for the recovery of all direct and indirect costs and expenses of the City related to the enforcement and administration of the Franchise Right-of-Way Act, Sections 7.370 to 7.499.
(Ord. 13-07, 2013)
A. 
Any applicant for a franchise pursuant to Sections 7.405 to 7.421 shall pay a fee in an amount established by the City Manager pursuant to Section 1.075.
B. 
The application and review fee shall be deposited with the City as part of the application filed pursuant to this Act.
(Ord. 07-09, 2007; Ord. 13-07, 2013; Ord. 19-12 § 1, 2019)
A. 
As compensation to be paid for the use of the public ways granted to a franchise grantee, the grantee shall annually pay to the City a fee equal to seven percent of grantee's gross revenues derived from within the City.
B. 
For use of the public ways for tower, small cell, distributed antenna systems, and wi-fi, where the grantee's gross revenues are difficult to calculate, the grantee shall pay to the City the market rate established in the discretion of the City Manager of a ground lease for the equipment as compensation to be paid for the use of the public ways.
C. 
Nothing herein shall prohibit the City and a grantee from agreeing to alternative compensation to be paid for the use of the public ways.
(Ord. 13-07, 2013; Ord. 19-12 § 1, 2019)
If the right is granted, by lease, license, franchise or other manner, to use and occupy City property for the installation of utility facilities, the compensation to be paid shall be fixed by the City.
(Ord. 13-07, 2013)
Unless otherwise agreed in a franchise grant agreement, prior to issuance of a construction permit, the permittee shall pay a permit fee in an amount established by the City Manager pursuant to Section 1.075.
(Ord. 07-09, 2007; Ord. 13-07, 2013; Ord. 19-12 § 1, 2019)
The regulatory fees and costs provided for in this Act, and any compensation charged and paid for the public ways provided for in Section 7.443, are separate from, and additional to, any and all Federal, State, local and City taxes (including a City business license tax) as may be levied, imposed or due from the service provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of its services.
(Ord. 13-07, 2013)