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  <br /> <br />(C) Grant of right; payment of user fee. <br /> <br />(1) Any person required to register under this section, which furnishes utility services or which <br />occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only <br />so long as it pays the user fees as provided herein in a timely manner and complies with all other <br />requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in <br />furtherance of furnishing utility services for which additional authorization is required by this chapter or <br />other state or federal law, unless the person pays the user fee for the non-utility service use. <br /> <br />(2) The fee shall be paid to the city in substantially equal quarterly installments, subject to <br />adjustment and correction at the conclusion of the calendar year. This fee shall be paid for all and any <br />part of a calendar year, prorated on a daily basis, during any time period in which the permit holder uses <br />or occupies the right-of-way to furnish utility service, or places, maintains or uses its wires, mains, pipes, <br />or any other facilities or equipment in the right-of-way. <br /> <br />(3) The granting of the right is expressly conditioned on, and is subject to, continuing <br />compliance with all provisions of law, including this section. <br /> <br />(D) Franchise agreements; franchise payments. This section does not apply to a person or <br />business which uses and occupies the right-of-way for operating its business when there is a preexisting <br />franchise agreement between that person or business and the city and franchise payments are made as <br />agreed. <br />(1993 Code, § 1165.07) <br /> <br /> <br />§ 96.10 REPORTING OBLIGATIONS. <br />(A) Operations. <br /> <br />(1) Each registrant shall at the time of registration and by December 1 of each year, file a <br />construction and major maintenance plan with the city. Registrants must use commercially reasonable <br />efforts to anticipate and plan for all upcoming projects and include all the projects in a construction or <br />major maintenance plan. The plan shall be submitted using a format designated by the city and shall <br />contain the information determined by the city to be necessary to facilitate the coordination and reduction <br />in the frequency of excavations and obstructions of rights-of-way. <br /> <br />(2) The plan shall include, but not be limited to, the following information: <br /> <br />(a) The specific locations and the estimated beginning and ending dates of all projects to <br />be commenced during the next calendar year (in this chapter, a “next-year project’); and <br /> <br />(b) The tentative locations and beginning and ending dates for all projects contemplated <br />for the 5 years following the next calendar year (in this chapter, a “5-year project”). <br /> <br />(3) The term “project” in this section shall include both next-year projects and 5-year projects. <br /> <br />(4) By January 1 of each year, the city will have available for inspection in its offices a <br />composite list of all projects of which it has been informed in the annual plans. All registrants are <br />responsible for keeping themselves apprised of the current status of this list. <br /> <br />(5) Thereafter, by February 1, each registrant may change any project in its list of next-year <br />71