§ 70-164. Municipal agreement required.

(a)

Any person, except a certificated telecommunications provider or network provider, prior to placing, reconstructing, or altering facilities in, on or over the public rights-of-way, must obtain a separate agreement from the city the maximum term of which shall be five years. The city manager shall have the authority to negotiate and sign agreements required by this section.

(b)

Except as otherwise provided herein, any person seeking to place facilities on, in, or over the public rights-of-way, shall first file an application for a permit with the city and upon approval shall abide by the terms and provisions of this chapter and lawful conditions of the permit.

(c)

A person or entity who enters an agreement with the city pursuant to subsection (a) of this section shall, not later than October 1 of each year during the term of the agreement, pay to the city the annual fee as set forth in appendix "A" "fee schedule" of this Code that is in effect on the effective date of the agreement; provided, however, the initial fee shall be prorated from the effective date of the agreement to the immediately following September 30. Such annual fee shall be in addition to the payment of any permit fees related to the initial construction or subsequent repair, replacement, or removal of the facilities placed in the city's right-of-way pursuant to the agreement as may be required by other provisions of this Code. In the event an agreement for use of the city's right-of-way pursuant to subsection (a) of this section provides for a term of greater than two years, the city manager shall be authorized to discount the amount of the annual fee by amount not to exceed ten percent if the person or entity pays upon the effective date of the agreement the fees that would become due for all years occurring during the entire term of the agreement. The owner of a public elementary and/or secondary school, including a charter school, shall be exempt from payment of the fee established by this subsection (c) if:

(1)

The facilities being installed within the city's right-of-way are owned by the owner of the public elementary and/or secondary school; and

(2)

The facilities are used to facilitate communications or transfer of data solely between or among buildings owned or leased by the owner of the public elementary of secondary school.

(Ord. No. 2625, § 4, 9-9-2002; Ord. No. 3202, § 1, 11-6-2012; Ord. No. 3457 , § 2, 8-15-2017)