Chapter 26.32
FEES Amended Ord. 4891

Sections:

26.32.010    Purpose. Amended Ord. 4891

26.32.020    Application fees. Amended Ord. 4891

26.32.030    Other city costs. Amended Ord. 4891

26.32.040    Compensation. Amended Ord. 4891

26.32.050    Regulatory fees and compensation not taxes. Amended Ord. 4891

26.32.010 Purpose. Amended Ord. 4891

The purpose of the fees established in this chapter is to ensure the recovery of the city’s direct and indirect costs and expenses, 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. The fees set forth are in addition to any other fees that may be required by law, including, but not limited to, construction fees that may be required under Chapter 5.74 and Section 19.12.090, and land use permit fees in Chapter 117 KZC. (Ord. 4853 § 2, 2023)

26.32.020 Application fees. Amended Ord. 4891

(1)    Franchises are subject to application fee deposit in an amount as determined by the currently effective fee schedule. This application fee deposit shall cover the actual costs associated with the city’s initial review of the application; provided, however, that the applicant shall be required to pay all other necessary application fees. This application fee deposit shall be deposited with the city as part of the application filed pursuant to this chapter.

(2)    An applicant that withdraws or abandons its franchise application shall, within sixty days of its application and review fee payment, be refunded the balance of its deposit under this section, less all reasonable costs and expenses incurred by the city in connection with the application prior to the withdrawal or abandonment.

(3)    Prior to issuance of an applicable right-of-way work permit or WSF permit, or any other necessary permit, the applicant shall pay a permit fee in an amount as determined by the currently effective fee schedule, or the actual costs incurred by the city in reviewing such permit application. (Ord. 4853 § 2, 2023)

26.32.030 Other city costs. Amended Ord. 4891

To the extent allowed by law, all grantees shall, within thirty days after written demand therefor, reimburse the city for all direct and indirect costs incurred by the city in connection with any modification, amendment, renewal or transfer of a franchise. (Ord. 4853 § 2, 2023)

26.32.040 Compensation. Amended Ord. 4891

To the extent permitted by law and subject to Section 26.20.090, each franchise granted hereunder is subject to the city’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for use of property; provided, that nothing in this title shall prohibit the city and a grantee from agreeing upon the compensation to be paid. (Ord. 4853 § 2, 2023)

26.32.050 Regulatory fees and compensation not taxes. Amended Ord. 4891

The regulatory fees provided for in this title, and any compensation charged and paid for the rights-of-way provided for herein, are separate from and additional to any and all federal, state, local and city taxes as may be levied, imposed or due from a grantee or its customers or subscribers. (Ord. 4853 § 2, 2023)