A. Except as set forth in subsection B of this section, every person that owns utility facilities in the City and every person that uses utility facilities in the City to provide utility service, whether or not the person owns the utility facilities used to provide the utility services, shall pay the rights-of-way fee for every utility service provided using the rights-of-way in the amount determined by resolution of the city council.

B. A utility operator whose only facilities in the rights-of-way are facilities mounted on structures within the rights-of-way, which structures are owned by another person, and with no facilities strung between such structures or otherwise within, under or above the rights-of-way, shall pay the attachment fee set by city council resolution for each attachment. Unless otherwise agreed to in writing by the City, the fee shall be paid annually, in arrears, for each year during the term of the license within 30 days after the end of each calendar year, and shall be accompanied by information sufficient to illustrate the calculation of the amount payable. The utility operator shall pay interest at a rate of nine percent per year for any payment made after the due date.

C. Rights-of-way fee payments required by this section shall be reduced by any franchise fee payments received by the City, but in no case will be less than $0.00.

D. Unless otherwise agreed to in writing by the City, the fee set forth in subsection A of this section shall be paid quarterly, in arrears, for each quarter during the term of the license within 30 days after the end of each calendar quarter, and shall be accompanied by an accounting of gross revenues, if applicable, and a calculation of the amount payable. The utility operator shall pay interest at a rate of nine percent per year for any payment made after the due date.

E. The calculation of the rights-of-way fee required by this section shall be subject to all applicable limitations imposed by Federal or state law.

F. The City reserves the right to enact other fees and taxes applicable to the utility operators subject to this chapter. Unless expressly permitted by the City in enacting such fee or tax, or required by applicable State or Federal law, no utility operator may deduct, offset or otherwise reduce or avoid the obligation to pay any lawfully enacted fees or taxes based on the payment of the rights-of-way fee or any other fees required by this chapter. [BC 4.15.130, added by Ordinance No. 4684, 5/4/16]