Chapter 12.05 PUBLIC UTILITY DISTRIBUTION REGULATIONS
Section 12.05.030 Fees required.
No franchise, license or lease for the use of public right of way or other public property shall be
granted
without requiring the grantee thereof to pay a reasonable and competitively neutral fee for the use
of public
right of way or other public property. The fees will be as follows:
1. All new franchises shall be assessed a franchise fee which shall be specified in the franchise agreement.
2. A license or lease fee will be assessed on all new license or leases for space in
the right of
way. This license or lease fee is a one-time fee for the term of the license or lease. Payment is
expected when the license or lease is signed, however a payment schedule may be entered into
between the city and the licensee or leasee. Any payment schedule must require full payment of
the fee by the end of the fifth year of the license or lease. If the license or lease is renewed, a
new
license or lease fee will be assessed. The fee shall be based on the staff time in the review of the
application and preparation of the necessary documents and is established as follows:
a. Minimum fee of $75.00 plus an additional fee of $50.00 for each city block or part thereof in excess
of
one block.
3. In addition to the license or lease fee, an annual right-of-way management fee will be assessed on
July I
of each year that the license or lease is in force. The fee is based on the number of linear feet of
wire or pipe
laid in the city right of way, and reflects the actual management cost the city incurs while managing
the right
of way. The fee is established as follows:
a. $.05 per linear foot, but not less than a minimum fee of $20.00 per year.
4. In addition to the franchise, license or lease fee and annual management fee, any person or other
entity
shall pay a fee every time their facility requires excavation in the right of way. This fee will cover
costs for
street degradation, inspection, and obstruction and routing of pedestrian and vehicle traffic. The fee
schedule is established as follows:
a. Sixty dollars per opening.
b. One dollar per linear foot of trench.
5. A person holding a franchise may annually credit up to one-half of the person's franchise fee against
the
excavation fee herein. The city manager shall periodically review the number and extent of excavations
by
any person holding a franchise to verify that the franchise fee is sufficient to met the obligations
of
subsection 4 above.
6. In compliance with the laws of the State of Iowa, the provisions of subsections 1, 2 and 3 of this
section
shall not apply to a telecommunications provider providing telephone service within the city continuously
since 1897.
This exemption is in effect only for the period of time said telecommunication provider is exempt from
the
provisions of subsections 1, 2 and 3 by state law. It is the intent of the city council that any such
telecommunications provider shall become subject to the provisions of subsection 1 as soon as state
law
permits. (Ord. 98/U-6224; S-38669, 1979)