§ 15.10.050 — Fees and charges

15.10.050 - Fees and charges.

A. Provider shall pay the established fee for the following facilities: 1. Network nodes. 2. Node support poles. 3. Transport facility. B. Provider shall pay the established recurring fees for the following facilities: 1. Network nodes. 2. Transport facility. 3. Collocation of network nodes on service poles. C. All recurring fees are payable in advance and are due upon approval of the permit(s) by the city; no permit shall become effective until the fee has been paid. Initial amounts shall be pro-rated, based upon an annual due date of January 1 of each year. 1. For example, a network node permit approved by the city in August shall be effective upon payment in advance by the provider of 5/12 of the annual rental rate, or one hundred four dollars and seventeen cents. Thereafter, all payments of annually-recurring fees are due to the city by January 1 for the following calendar year. 2. For example, a transport facility permit approved by the city in August shall be effective upon payment by the provider of five months of the monthly rental amount, or one hundred forty dollars. Thereafter, payments for twelve months at a time are due to the city by January 1 for the following twelve months. D. Provider shall maintain and submit annually to the city with each payment to the city, an inventory of provider's network nodes, node support poles, node support poles connected by transport facilities, and collocated network nodes. This information shall include complete and accurate GIS location information, maps, plans, equipment inventories, and other records related to provider's facilities. An inventory shall be effective from January 1 of each year. City reserves the right to compare the information contained on the inventory to any actual field inspection or survey conducted mutually. In the event that provider fails to submit an inventory, provider shall pay city, in addition to the monthly- or annually-recurring fees, all actual costs associated with city's performance of an inventory of provider's facilities. 1. If either provider or city subsequently discovers that provider has failed to pay the entire or correct amount of compensation due, the correct amount shall be paid by provider within thirty calendar days of such determination. Any overpayment to the city through error or otherwise will, at the sole option of the city, either be refunded to provider by the city within thirty days of such determination or offset against the next payment due from provider. Acceptance by either provider or city of any payment due under this section shall not be deemed to be a waiver by either of any claim of violation of this chapter, nor shall the acceptance by either of any such payments preclude either from later establishing that a larger amount was actually due or from collecting any balance due. Nothing in this section shall be deemed a waiver by either provider or city of its rights under law or equity. 2. Interest on late payments shall be calculated in accordance with the interest rate for customer deposits established by the Public Utility Commission of Texas in accordance with the Texas Utilities Code, Section 183.003, as amended for the time period involved. 3. The compensation payable to the city hereunder shall not be offset by any payment by provider to the city relating to ad valorem taxes. E. The network node site rental rate set forth herein shall be adjusted on an annual basis, by an amount equal to one-half of the annual change, if any, in the Consumer Price Index. For purposes of this section, Consumer Price Index shall mean the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the Federal Bureau of Labor Statistics. The adjusted rate will be effective sixty days after the city provides written notice to providers of the new rate. F. The recurring fees set forth herein shall be exclusive of, and in addition to, all ad valorem taxes, special assessment for municipal improvements, and other lawful obligations of the provider to the city. G. When the city at its own expense has removed or remediated provider's wireless facilities or transport facilities pursuant to Articles VI and VII or provider is otherwise required to reimburse the city hereunder, the provider shall remit payment to the city within thirty days of the date of the invoice. H. Upon provider's termination of the use of any service pole or public right-of-way in accordance with the terms of a permit and this chapter, and provider peaceably surrendering the service pole or public right-of-way to the city in the same condition it was in on the date the permit(s) was granted, excepting ordinary wear and tear, there will be no compensation due to the city by provider for such location. I. The city shall not disclose any confidential information reproduced for documentation of the inventory unless required by law. If the city receives a request to review or copy confidential information under the Texas Public Information Act or related law (the "Act"), the city shall comply with the requirements for handling third party information under the Act, including notifying the provider that a request to review or copy confidential information has been submitted to the city. Confidential information deemed subject to disclosure under the Act by the Attorney General of the State of Texas shall be disclosed.

(Ord. No. 18717, § 1, 8-22-2017)