005 of 2010 - telecommunications right of way permit late payment penalty and interest 0 10-1
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Ordinance No. 5 of 2010
(Telecommunications Right of Way Permit Late Payment Penalty and Interest)
An ordinance amending Section14.32.425, Subsection D, Salt Lake City Code, relating to
the imposition of penalties and interest for non-payment of telecommunications right of
way rental fees.
WHEREAS, the City charges an annual rental fee for a permit allowing the placement
and maintenance of telecommunications facilities within the City-owned right of way; and
WHEREAS, the Ordinance setting forth the rental fee does not currently impose any
penalty or interest for late or non-payment; and
WHEREAS, after a public hearing on this matter the City Council has deteiinined that
the following amendment is in the City's best interests,
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 14.32.425, Subsection D, Salt Lake City Code, pertaining to
telecommunications right of way permit rental fees be, and the same hereby is, amended to read
as follows:
D. Annual Charge Imposed: There is hereby imposed and assessed upon: 1) each conduit
owner, 2) each owner of cable which is not situated within a conduit, and 3) each person
authorized to use a cable under the circumstances described in subsection F of this
section, as a rental payment and compensation to the city for such owner's use of a
portion of the right of way, an annual charge equal to the greater of: 1) the linear foot
charge or 2) the minimum charge. The charge hereby imposed and assessed shall be
effective on and after July 1, 2004; provided that the charge may not apply to certain
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owners, or with respect to certain conduits or cables, until a later date, as provided herein.
Such charge shall be payable on a calendar year basis; provided that: 1) the charge
payable July 1, 2004, shall be prorated over the remaining six (6) months of calendar year
2004, and 2) the charge shall be prorated on a monthly basis for new construction
effective the date of commencement of construction, and otherwise for owners effective
as of and including the month in which the charge becomes effective as to such owners or
such owners' conduit or cable. Any rental payments paid by an owner to the city under an
existing agreement shall be prorated over calendar year 2004, and applied as a credit
against the charge hereby imposed on such owner. Payments under this subsection D
shall be paid to the city by January 31st each year. If payment is not received by January
31st, a penalty is imposed equal to 10% of the amount due. In addition, for each calendar
month that a payment is late, compound interest equal to 2% per month will accrue.
SECTION 2. This ordinance shall take effect on 7_12 , 2010.
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Passed by the City Council of Salt Lake City, Utah this 2 day of February , 2010.
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CHAIRP RSON
ATTEST:
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Transmitted to Mayor on February 2, 2010-----'
Mayor's Action: )( Approved. Vetoed.
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HB_ATTY-#10820-v 1-Ordinance Amending_Telecom Late Payment_Penalty_(Legislative_Version).DOC
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