Sec. 13-231. Application fees and rates.
(a) Application fees.
1 The application fees for collocation of small wireless facilities on an existing city pole shall be as set forth in Section 2-5 of this Code.
2. The application fees for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility that are a permitted use in accordance with the specifications in the Act shall be as set forth in Section 2-5 of this Code.
(b) Annual rates.
1. An annual rate for use of the city’s right-of-way shall be the occupation tax levied under Section 13-80 of this Code.
2. The rate for collocation of a small wireless facility on a city pole in the right-of-way shall be as set forth in Section 2-5 of this Code.
3. The annual rate(s) shall be paid on or before January 1, in advance for the ensuing year.
4. The city shall not require a wireless provider to pay any rate, fee, or compensation to the city or other person other than what is expressly authorized by Nebraska Revised Statutes Section 86-704, or, where applicable, Nebraska Revised Statutes Sections 14-109, 15-203, 16-205, or 17-525, or the Act for the right to use or occupy a right-of-way for the collocation of small wireless facilities on wireless support structures or utility poles in the right-of-way or for the installation, maintenance, modification, operation, and replacement of utility poles in the right-of-way.
5. If the city charges occupation taxes under Nebraska Revised Statutes Section 86-704, it shall not charge a wireless services provider any additional amount for the use of a right-of-way. The city may charge a wireless provider that does not pay the city’s occupation tax under Nebraska Revised Statutes Section 86-704 either a rate of $250 for each small wireless facility each year, or a fee equal to the occupation tax charged by the city under Nebraska Revised Statutes Sections 14-109, 15-203, 16-205, or 17-525.
Source: Ord. No. 5678, § 1, 09-08-2020;