Ordinance 98-23 - Laserfiche WebLink

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Section 5. Franchise term. The Franchise granted pursuant hereto shall commence on the effecti ve date of this ordinance and shall terminate fifteen (15) years thereafter. Section 6. (a) (b) (c) Section 7. Grantee's acknowledgment of City's police powers: compliance with laws and regulations. Grantee shall comply with all applicable codes, rules, regulations and laws, including the Charter of the City of Sunny Isles Beach, as they presently exist, and, as they may be subsequently amended or created. Nothing in this ordinance shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets. This Franchise does not obviate or modify the provisions of section 337.401(2), Florida Statutes (1995) which requires Grantee to obtain authorization by written permit issued by the City and other governing authorities which have jurisdiction over any street for the installation, location or relocation of Grantee's facilities. The provisions of that section of state law are incorporated in this Franchise by this reference and such provisions shall be applicable for the duration of the term of this Franchise. Franchise fee: payment to City: annual certified statement required: late charges: delinquency: extensions: inspection of Grantee's records. (a) Grantee shall pay Franchise fees to the City during the term of the Franchise as consideration for, .and as a condition of, the grant to Grantee of the non-exclusive right to occupy municipal streets and rights-of-way for the construction, operation and maintenance of Grantee's facilities. The Franchise fee shall be calculated as an amount of money which, when added to the amount of all ad valorem and other taxes, and all permit fees, levied or assessed by or on behalf of the City upon the Grantee, its properties, or its operations within the City limits, is equal to six percent (6%) of the gross receipts of Grantee, as defined in section 4(f) of this Franchise Ordinance, received by Grantee in each month. Such fee shall be based upon a statement as described in subsection (e) of this section which shall be forwarded to the City. Payment of the Franchise fees shall be in addition to any other tax or payment owned or paid to the City by Grantee. Such Franchise fee shall be due and payable by Grantee on a monthly basis within thirty (30) days after the last day of each month. (b) In the event any monies due and owing under section 7(a) above are not timely paid as specified therein, and no extension as described in section 7(d) has been granted, the City may impose and the Grantee agrees to pay, a late charge equal to one point five percent (1.5%) per month Teco Peoples' Gas (F) -3-