Chapter 20.09
FEES
Sections
20.09.010 Pre-application conference and application fee.
20.09.040 Reserved compensation for public ways.
20.09.050 Compensation for city property.
20.09.060 Construction permit fee.
20.09.080 Regulatory fees and compensation not a tax.
20.09.090 City manager authorized to set and modify fees.
20.09.010 Pre-application conference and application fee.
Prior to the acceptance of an application by the city, applicants shall participate in a pre-application conference for the purpose of establishing the application fee. The purpose of the application fee is to ensure the recovery of city costs and expenses associated with the review of the application, including but not limited to actual costs of city staff time and resources as well as any outside consultation expenses which the city reasonably determines are necessary to adequately review and analyze the application. The application fee shall be established by resolution in the sole discretion of the city council and shall be a minimum of $2,500, with the maximum fee established depending upon estimated reasonable city costs and expenditures in review of the application. Disputes in the amount required by city shall be resolved by the hearing examiner in the procedure established pursuant to DMMC 20.10.050. All franchise and license applicants shall deposit the application fee with the city. This application fee shall be applied towards actual expenses and costs of the city. Any unencumbered application fees shall be refunded to the applicant upon written request of the applicant, but in no event earlier than 60 days after granting or denial of the permit. [Ord. 1316 § 109, 2003.]
20.09.020 Refund.
An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within 60 days of its application and review fee payment, be refunded the balance of its deposit under this section, less all ascertainable costs and expenses incurred by the city in connection with the application. [Ord. 1316 § 110, 2003.]
20.09.030 Other city costs.
All grantees shall, within 30 days after written demand therefor, reimburse the city for all direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the license or franchise. [Ord. 1316 § 111, 2003.]
20.09.040 Reserved compensation for public ways.
The city reserves its right to fix a fair and reasonable compensation to be paid for the authorization granted to a grantee including permit fees and charges as provided in chapter 12.04 DMMC, the city’s right-of way use code. Nothing in this title shall prohibit the city and a grantee from agreeing upon the compensation. [Ord. 1316 § 112, 2003.]
20.09.050 Compensation for city property.
If the right is granted, by lease, license, franchise or other manner, to use and occupy city property for the installation or use of telecommunications facilities, the compensation to be paid shall be fixed by the city. [Ord. 1316 § 113, 2003.]
20.09.060 Construction permit fee.
Prior to issuance of a construction permit for a project on, under, over or through city property, including rights-of-way, the permittee shall pay a permit fee equal to $1,000 or 0.75 percent of the estimated cost of constructing the telecommunications facilities, as certified by the applicant’s engineer and approved by the city engineer, whichever is greater. The purpose of the construction permit fee shall be to recover city’s actual attributable costs, expenses, damage or public way value diminution as a result of permittee’s occupancy of the public way. City hereby finds that it must at this time attribute costs, expenses, damage, and diminution of value to permittee until such time as actual costs can be ascertained. This results from the inability of city to ascertain the number and type of all public way permittees hereunder as well as the extent and nature of all future such occupancy. Therefore, the city shall within six months of February 4, 2003, commence a study to analyze the cost to the city of managing the city public ways, after which the city shall review the fees of this chapter and chapter 12.04 DMMC, the city’s right-of-way use code, and adjust them to the extent city determines in its sole discretion is necessary, if any, to more accurately represent ascertainable actual costs associated with future permittee’s occupancy. In no event shall construction permit fees received prior to such study and analysis be refunded or increased. [Ord. 1316 § 114, 2003.]
20.09.070 Annual fees.
Each grantee shall pay an annual fee to the city equal to the city’s costs in connection with reviewing, inspecting and supervising the use and occupancy of the public way. [Ord. 1316 § 115, 2003.]
20.09.080 Regulatory fees and compensation not a tax.
The fees, charges and fines provided for in this chapter are separate from, and additional to, any and all federal, state, local, and city taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of telecommunications services. [Ord. 1316 § 116, 2003.]
20.09.090 City manager authorized to set and modify fees.
The city manager is authorized to set or modify any and all fees, charges or assessments established under this title by administrative order(s) which shall be filed with and maintained by the city clerk. [Ord. 1316 § 117, 2003.]