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<br />ORDINANCE NO. 2001-~ <br /> <br />AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, <br />ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT <br />OCCUpy MUNlCIP AL RIGHTS-OF-WAY FOR TELECOMMUNICATIONS <br />FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; <br />PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; <br />PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, Section 3370401, Florida Statutes (2000), references fees or other consideration <br />which municipalities may require from telecommunications companies to occupy municipal rights- <br />of-way for telecommunications facilities; and <br /> <br />WHEREAS, it is the City's intent to establish fees for occupation of the City's rights-of-way <br />for telecommunications facilities of telecommunications companies no otherwise paying a fee to the <br />City or not having entered into an agreement with the City for occupation of the City's rights-of-way; <br />and <br />WHEREAS, it is the City's intention that any existing telecommunications company paying <br />fees for the occupation or having entered into an agreement for payment of fees for the occupation of <br />the City's rights-of-way for telecommunications facilities as of the effective date of this Ordinance <br />shall continue to pay fees to the City as the telecommunications company has been paying them, or <br />pursuant to the existing Agreement between the company and the City and that any new <br />telecommunications company occupying the City's rights-of-way for telecommunications facilities <br />pay the fees for occupation set forth in this Ordinance. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as <br />being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. <br /> <br />Section 2. Purpose and apolication. The purpose of this Ordinance is to establish fees for <br />occupation of the City's rights-of-way for telecommunications facilities of telecommunications <br />companies not otherwise paying a fee to the City or not otherwise having an agreement with the City <br />for occupation of the City's rights-of-way. Any telecommunications company paying fees or having <br />an existing agreement with the City for the occupation of the City's rights-of-way for <br />telecommunications facilities as of the effective date of this Ordinance shall continue to pay fees to <br />the City as the company has been paying them or pursuant to the existing Agreement. <br /> <br />Section 3. The term "telecommunications company," as used in this Ordinance, shall have the <br />meaning set forth in Section 364.02(12), Florida Statutes (2000). <br /> <br />Telecommunications Simplifed Tax Ord.Doc <br />