It is the purpose of sections 4.700 through 4.714 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.
[Section 4.700 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007]
(1) 
Any applicant for a license, including a renewal or amendment of an existing license, shall pay a fee fixed by resolution of the council.
(2) 
The application and review fee shall be deposited with the city as part of the application filed.
(3) 
An applicant whose license or franchise application has been withdrawn, abandoned or denied within 60 days of its application and review fee written request, shall be refunded the balance of its deposit under this section, less:
(a) 
The non-refundable portion of the application and review fee, as fixed by resolution of the council; or
(b) 
All ascertainable costs and expenses incurred by the city in connection with the application, whichever is greater.
[Section 4.702 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007]
In addition to the application and review fee, all license or franchise grantees shall, within 30 days after written demand therefor, reimburse the city, to the extent permitted by law, for all direct and indirect costs and expenses incurred by the city in connection with any issuance, modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
[Section 4.704 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007]
(1) 
All persons not parties to a franchise or public way use agreement, and occupying the public ways for placement of utility facilities but not providing utility service within the city shall pay a fee, in an amount fixed by resolution of the council for each foot or portion thereof occupied, subject to limitations in other state or federal laws.
(2) 
All persons subject to the fee imposed by subsection (1) who are parties to a franchise or public way use agreement shall be entitled to a credit against the fee due under subsection (1) in the amount of the payments made pursuant to such franchise or public way use agreement.
(3) 
This fee shall be in addition to, and not in lieu of, any taxes, fees or charges provided under this municipal code.
(4) 
Unless otherwise agreed such fee shall be paid quarterly, on or before the 45th day following the end of the calendar quarter.
[Section 4.706 added by Ordinance No. 6311, enacted March 3, 2014; amended by Ordinance No. 6323, enacted July 21, 2014]
(1) 
All persons providing utility services in the city shall pay to the city of Springfield a utility tax in the amount of five percent of gross revenues, as herein defined, subject to limitations in other state or federal laws.
(2) 
All persons subject to the tax imposed by subsection (1) who are parties to a franchise or public way use agreement shall be entitled to a credit against the tax due under subsection (1) in the amount of the payments made pursuant to such franchise or public way use agreement.
(3) 
All utilities owned and operated by the city of Springfield, except a municipal utility as defined in ORS 757.005(1), shall pay to the city of Springfield a utility tax fixed by resolution of the council.
(4) 
This tax shall be in addition to, and not in lieu of, any fees or charges provided under this municipal code.
(5) 
Unless otherwise agreed such tax shall be paid quarterly, on or before the 45th day following the end of the calendar quarter. With each payment, the persons subject to the tax shall furnish a statement setting forth the amount and calculation of payment. The statement shall detail the revenues received from their operation within the city and shall specify the nature and amount of all exclusions and deductions from such revenues they have claimed in calculating the amount of the utility tax.
[Section 4.707 added by Ordinance No. 6323, enacted July 21, 2014; amended by Ordinance No. 6338, enacted June 1, 2015]
If the right is granted, by lease, license, franchise or other manner, to use and occupy city property other than the public ways for the installation of facilities, the compensation to be paid shall be fixed by the city and shall be separate and distinct from any taxes or fees imposed in sections 4.702 through 4.708.
[Section 4.710 (formerly 4.708) added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007; further amended by Ordinance No. 6311, enacted March 3, 2014]
If any tax or fee provided for herein shall not be timely paid, a penalty in the amount of 10 percent of such fee shall be assessed and due as of the date the underlying tax or fee was due. Interest on taxes, fees and penalties shall accrue at the rate of one and one-half percent per month, commencing with the 15th day after the tax, fee or penalty shall be due.
[Section 4.714 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007; further amended by Ordinance No. 6311, enacted March 3, 2014]
The city may examine the books and records of the utility to verify the amounts due under a franchise, public way use agreement, fee under section 4.706, or a tax as provided in section 4.707. The utility shall either maintain such books and records at a location within the state of Oregon or, in the alternative, shall provide them to the city when requested, at no expense to the city. In the event such examination discloses an underpayment in the amount due to the city of more than five percent, the city may impose a penalty of 10 percent of the additional amount due, plus costs of the audit, and interest as provided herein from the original date due.
[Section 4.716 added by Ordinance No. 6203, enacted July 16, 2007; further amended by Ordinance No. 6311, enacted March 3, 2014; further amended by Ordinance No. 6338, enacted June 1, 2015]