Agenda 07/09/2002 - Laserfiche WebLink

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40 June 20,2002 duly seconded and carried by the following roll call vote, with all members voting: Vote 5 - 0; Yeas (5) - Crabtree, Dallas, Ferrill, Roop, Teague; Nays (0) - None: BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on June 11, 2002 that Article VIII, Sections 21-99, 21-100 and 21-101 be added to Chapter 21 of the Martinsville Code to read as follows: ARTICLE VIII. Public Rights-Of-Way Use Fee Section 21-99 Enactment Of Public Rights-Of-Way Use Fee Pursuant to § 56-468.1 of the Virginia Code, the City of Martinsville, Virginia, hereby elects to adopt by ordinance the Commonwealth's "Public Rights-of-Way Use Fee." Said fee shall be calculated annually by the Virginia Department of Transportation and shall be payable to the City of Martinsville by all certificated providers of local exchange telephone service, as defined under applicable law, having access lines within the City. As directed by § 56-468.1, each such certificated provider of local exchange telephone service doing business within the City shall collect the Public Rights-of-Way Use Fee on a per-access-line basis by adding the fee to each ultimate end user's monthly bill for local exchange telephone service. The Public Rights-of-Way Use Fee shall, when billed, be stated as a distinct item separate and apart from the monthly charge for local exchange telephone service. Section 21.100 Public Rights-Of-Way Use Fee; Collection; Remittance Within two (2) months after the end of each calendar quarter, each certificated provider of local exchange telephone service shall remit to the City's Finance Department the amount of public rights-of-way use fees it has billed to ultimate end users of the provider's services during such proceeding quarter. Fees so collected by the certificated providers shall be deemed to be held in trust until remitted to the City's Finance Department. Such fees shall constitute a debt of the ultimate end user to the City until paid to such provider. If any ultimate end user refuses to pay the public rights-of-way use fee, the local exchange service provider shall furnish the name and address of each such ultimate end user on a quarterly basis along with the remittance of fees. Section 21-101 Exclusions A. Nothing in this ordinance shall affect the type or amount of fees payable by providers of cable television services pursuant to an existing franchise granted by this City, except to the extent that provide telecommunications services. B. Nothing in this ordinance shall affect the City's right to enter into agreements that afford, certificated providers of telecommunications service access to the City's towers, poles,