§ 38.4.4. Waiver and fee implementation.

(a)

The City hereby waives all fees, charges and other compensation that may accrue, after the effective date of the waiver, to the City by a telecommunications provider pursuant to any existing City franchise, license or similar agreement with a telecommunications provider during the time the City imposes the telecommunications infrastructure maintenance fee. This waiver shall only be effective during the time the infrastructure maintenance fee provided for herein is subject to being lawfully imposed on the telecommunications provider and collected by the telecommunications provider from the customer.

(b)

The City Clerk is hereby authorized and directed to serve a notice of the waiver by certified mail/return receipt requested to each telecommunications provider with which the City has a franchise.

(c)

The City infrastructure maintenance fee provided for in Section 38.4.1 of this Article was effective and imposed on February 1, 1998, such date being the first day of the month to less than ninety (90) days after the City provided written notice by certified mail to each telecommunications provider with whom the City has an existing franchise, license or similar agreement, that the City waives all compensation under such existing franchise, license, or similar agreement during such time as the fee is subject to being lawfully imposed and collected by the provider and remitted to the City. The infrastructure maintenance fee shall apply to gross charges billed on or after the effective date as established in the preceding sentence.

(Ord. 6-2000 § 2 (part))