Chapter 4.06
COMPENSATION
Sections:
4.06.020 Proration of Payments.
4.06.030 Prompt Payment—Delinquency Charge.
4.06.040 Recordkeeping Requirements.
4.06.010 Rates.
As consideration for the franchise granted, the franchisee shall pay to the City in lawful money of the United States the following:
A. In the case of an initial grant of franchise, or on franchises which extend, renew or continue previously granted franchises, the franchisee shall pay to the City a granting fee of not less than $5,000.00 within 30 days after the Council adopts the ordinance granting the franchise. Such amount shall be established by the Revenue Collector;
B. Provided, however, that if the pipe or pipeline to be laid or constructed pursuant to the franchise is one-fourth mile or less in length, or the franchise extends, renews or continues a previously granted franchise to lay or construct a pipe or pipeline one-fourth mile or less in length, the franchisee shall pay to the City a granting fee of not less than $500.00 within 30 days after the Council adopts the ordinance granting the franchise. Such amount shall be established by the Revenue Collector; and
C. The franchisee of any franchise awarded to any others, including a public utility or mutual water company granted or exercising a franchise for a purpose not involving the furnishing of any service to the public or any portion thereof, as further consideration for the franchise hereby granted, including the extension, renewal or continuation of a previously granted franchise, shall pay to the City in lawful money of the United States, during the life of the franchise for each and every year, including the year of granting the franchise, according to the “franchise payment period”, a “base annual fee”.
D. Initial Construction Charges and Other Fees. In addition to the foregoing annual payments, the franchisee shall:
1. Pay City within 60 days after the end of each calendar year, during the life of the franchise, an initial construction charge calculated at a rate of $100.00 per mile or fraction thereof for all new mains laid during the preceding year;
2. Pay City during the life of the franchise, an annual fee of $50.00 per pole-mile or portion thereof, and $50.00 per mile or portion thereof of underground conduit for telephone or telegraph lines maintained under the franchise. Said fee shall be due within 60 days after the end of each calendar year. (Ord. 89-28, 1/23/90)
4.06.020 Proration of Payments.
In the event of abandonment of facilities with the approval of the City as elsewhere in the ordinance provided, or in the event of removal of such facilities by the franchisee, the payments otherwise due the City for occupancy of the roads or highways by such facilities shall be prorated for the calendar year in which such removal or abandonment occurs as of the end of the calendar month in which removed or abandoned. (Ord. 89-28, 1/23/90)
4.06.030 Prompt Payment—Delinquency Charge.
In the event franchisee falls to make the payments for the franchise or the payments on or before the dates due, franchisee shall pay as additional consideration the following amount: A sum of money equal to 10 percent per month commencing from the due date of the total amount due. (Ord. 89-28, 1/23/90)
4.06.040 Recordkeeping Requirements.
Franchisee shall keep and preserve, for a period of five years, subsequent to the date of the most recent franchise fee determination as ascertained by an audit made by the City or on its behalf, all records necessary to determine the amount of such franchise fees or other payments due. Franchisee, upon demand by City, shall make such records available for inspection within the City. (Ord. 89-28, 1/23/90)