§ 13-151. Fees for utilization of public rights-of-way for transportation of all utility commodities.

(a)

When used herein the following terms shall have the following meanings:

(1)

Public utility company refers to any entity holding a franchise agreement with the city or claiming a right by which the entity operates and maintains utility facilities in the public rights-of-way of the city.

(2)

Utility commodity refers to any product or service provided by a public utility company to customers in the city, specifically including, without limitation, natural gas, electricity, telephone services or signals, cable television services or signals and other communication services or signals.

(b)

It is hereby confirmed and, where necessary, imposed that the franchise fees levied and assessed to all public utility companies are applicable to all utility commodities transported in any respect through utility facilities located within the public rights-of-way of the city, whether the utility commodity is owned by the public utility company or whether the utility commodity is owned by another person or entity and is only transported by the public utility company.

(c)

In a situation in which the transported utility commodity is owned by the public utility company, the applicable franchise fee shall be determined by the franchise agreement, ordinance or permit applicable to the public utility company. Where the utility commodity is not owned by the public utility company but rather is merely transported by the utility company, the owner of the commodity shall report and pay a franchise fee of four (4) percent of the gross price for the utility commodity paid by the end user (utility customer).

(d)

Each public utility company shall, in addition to other mandated reporting requirements, on a quarterly basis with payment of franchise fee, report the quantity of utility commodity transported by the public utility company for each person or entity for whom the public utility company has transported utility commodity in any respect through facilities located within the public rights-of-way of the city ("transporter"), together with the name and address of the transporter.

(e)

Contemporaneously with the first instance of transportation of non-owned utility commodity through facilities located within the public rights-of-way of the city subsequent to the adoption of this section, the public utility company shall provide a copy of this section to the transporter for whom transportation services are provided. After once providing a copy of this section to a transporter, the public utility company shall be relieved of the obligation of providing a copy of the section in instances of subsequent transportation of utility commodity for that transporter.

(f)

Each owner of utility commodity ("transporter") transported in any respect through the utility facilities of a public utility company located within the public rights-of-way of the city shall within thirty (30) calendar days of the end of each calendar year quarter (first quarter ending March 31 of each calendar year) report to the city the quantity of utility commodity so transported within the preceding calendar quarter and, with the report, transmit payment of the required franchise fee. The city shall have the right to inspect, either by employees or by an independently retained certified public accountant, at any reasonable time, the financial records of the transporter relating to the described transportation of utility commodity.

(Ord. No. 29-97, §§ 1—6, 6-17-97)