Ordinance 2001-116 - Laserfiche WebLink

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Section 4. The fees imposed pursuant to this Ordinance shall apply to all telecommunications companies occupying the City's rights-of-way for telecommunications facilities and not otherwise paying a fee to the City or not under an existing agreement for occupation of the City's rights-of-way. Section 5. The fees imposed pursuant to this Ordinance are a fee and not a tax as specified in Section 3370401, Florida Statutes (2000); consequently, (1 ) the payments to be made pursuant to this Ordinance shall not be deemed to be in the nature of a tax; (2) such payments shall be in addition to any and all taxes of a general applicability; and (3) the fee specified herein is consideration for occupation of the City's rights-of-way, including all public easements, for the purposes of erecting, constructing and maintaining telecommunications systems. (a) (i) Any telecommunications company providing local telephone service, as defined in Section 203.012(3), Florida Statutes (2000), in the City and that is occupying municipal streets or rights-of-way within the corporate limits of the City with poles, wires or other fixtures shall pay to the City a fee in the amount of one percent (1 %) of the gross receipts on recurring local services revenues for service provided within the corporate limits of the City by such telecommunications company. Included within the fees are all taxes, licenses, fee, in-kind contributions accepted pursuant to Section 3370401, Florida Statutes (2000), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the City upon the telecommunications company. (ii) In the event that a telecommunications company which provides telecommunications services defined as toll services in Section 203.012(7), Florida Statutes (2000), occupies the City's rights-of-way, the telecommunications company shall pay to the City annually Five Hundred ($500) per linear mile, which amount is prorated for any portion thereof, for any cable, fiber optic, or other pathway that make physical use of the City's rights-of-way. Such annual fee shall be prorated to reflect the expiration date of this Ordinance and shall be payable annually, in advance. If a telecommunications company that is require to pay a fee pursuant to this subparagraph (a) (ii) increases the amount of its facilities occupying the City's rights-of-way after such advance payment has been made, but prior to the expiration date of this Ordinance, the fees due for the additional facilities shall be prorated and paid in full at the time the facilities are installed in the City's rights-of-way. The fee or other consideration imposed pursuant to this subsection (ii) shall not apply in any manner to any telecommunications company which provides local telephone service as defined in Section 203.012(3), Florida Statutes (2000), for any services provided by such telecommunications company. (b) The fees provided for in subsection (a) (i) shall be paid by the telecommunications company to the City in quarterly installment(s). The installment payment(s) shall be based upon such gross receipts on recurring local service revenues for the immediately preceding installment period or portion thereof after the effective date of this Ordinance, and shall be made within 30 calendar days following the end of the period. Past due payments or underpayments shall be interest accrued from the last day of the quarter for which the payment was due. Interest Telecommunications Simplifed Tax Ord.Doc 2