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all other requirements of law. This legal entitlement shall not include use of the right -of -way for <br />purposes not in furtherance of furnishing utility services for which additional authorization is <br />required by this Code or other state or federal law, unless the person pays the user fee for such <br />non - utility service use. <br />Such fee shall be paid to the City in substantially equal (quarterly, semi - annual, annual) <br />installments, subject to adjustment and correction at the conclusion of the calendar year. Such <br />fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time <br />period in which the said person (a) uses or occupies the right -of -way to furnish utility service, or <br />(b) places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the <br />right -of -way. <br />This section does not apply to a person which uses and occupies the right -of -way for <br />operating its business when there is a preexisting franchise agreement between that person and <br />the city which provides for the payment of franchise fees. <br />The grant of such right is expressly conditioned on, and is subject to, continuing <br />compliance with all provisions of law, including this Chapter. <br />IV. Section 1.09 of the model ordinance should include a subparagraph (c)(5) as follows: <br />(5) user fees. <br />Page 92 <br />