Chapter 12.50
COMPENSATION AND DEPOSITS
Sections:
12.50.010 Registration deposit.
12.50.050 Compensation to county.
12.50.060 Utility permit deposit.
12.50.080 Regulatory costs and compensation not a tax.
12.50.005 Applicability.
This Chapter 12.50 shall constitute the compensation structure and deposit requirements for the Lewis County telecommunications ordinance, subject to resolutions adopted from time to time by the board, and to the extent permitted by law. [Ord. 1171, 2000]
12.50.010 Registration deposit.
Each application for registration shall be accompanied by a deposit, if so established under the most current schedule on file at the Lewis County Department of Public Works. [Ord. 1171, 2000]
12.50.020 Application deposit.
Prior to the acceptance of an application by the county for a license, franchise or cable franchise, or renewal thereof, applicants shall pay to the county an application deposit, if so established under the most current schedule on file at the Lewis County Department of Public Works, which shall be deposited in an escrow account. The purpose of the application deposit is to ensure full recovery of actual county costs and expenses associated with the review of the application including, but not limited to, actual costs of county staff time and resources as well as any outside consultation expenses which the county reasonably determines are necessary to adequately review and analyze the application. The application deposit shall be credited towards other costs or deposits due to the county and billed to the applicant or grantee, less any ascertainable costs and expenses incurred by the county in connection with the application. To the extent that the initial deposit is insufficient to fund full recovery of county costs and expenses, within thirty days after billing, the applicant shall reimburse the county. [Ord. 1171, 2000]
12.50.030 Refund.
Any application deposit funds remaining after issuance of the license, franchise or franchise, or renewal thereof, shall be credited toward permit administration and monitoring costs, or refunded to the applicant. An applicant whose license, franchise or cable franchise application has been withdrawn, abandoned or denied shall, within one hundred twenty days of its application and review deposit, be refunded the balance of its deposit under this section, less all ascertainable costs and expenses incurred by the county in connection with the application.
12.50.040 Other county costs.
All grantees shall, within ten days after receiving a billing, reimburse the county for all direct and indirect costs and expenses incurred by the county in connection with any compliance review, or modification, amendment or transfer of a license, franchise or cable franchise. [Ord. 1171, 2000]
12.50.050 Compensation to county.
The licensee, franchisee, cable franchisee or lessee of the county shall pay to the county a fair and reasonable compensation for the authorization granted. The county and the licensee, franchisee, cable franchisee or lessee of the county may agree upon the form of such compensation in a lease, license, franchise, cable franchise, or other authorization which may include more favorable rates or free service, the provision of in-kind services, equipment and facilities, or any combination thereof in partial satisfaction or in lieu of other obligations of the licensee, franchisee, cable franchisee or lessee of the county. Unless otherwise established by such agreement, or by a lease, license, franchise, cable franchise, or other authorization, the amount of such compensation shall be established under the most current schedule on file at the Lewis County Department of Public Works. [Ord. 1171, 2000]
12.50.060 Utility permit deposit.
Prior to issuance of a utility permit, the applicant shall pay a permit deposit to allow for recovery the county’s actual attributable costs and expenses. The amount of the utility permit deposit shall be established under the most current schedule on file at Lewis County Department of Public Works. [Ord. 1171, 2000]
12.50.070 Annual deposit.
In addition to other compensation provided for or referred to in Chs. 12.25 through 12.50 LCC; the county reserves the right to require each licensee, franchisee, cable franchisee or lessee of the county to pay an annual deposit to the county to reimburse the county’s costs in connection with administration and oversight of the license, franchise, cable franchise, permit, lease or other authorization, and in connection with reviewing, inspecting, monitoring and supervising the use and occupancy of the rights-of-way, which amounts may be established by the board or specified in the license, franchise, cable franchise, permit, lease or other authorization. [Ord. 1171, 2000]
12.50.080 Regulatory costs and compensation not a tax.
The regulatory compensation and costs provided for or referred to in Chs. 12.25 through 12.50 LCC; and any compensation charged and paid for the rights-of-way, are separate from, and additional to, any and all federal, state, and local and county taxes as may be levied, imposed or due from a grantee, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services or cable services. [Ord. 1171, 2000]