Ordinance 2001-116 - Laserfiche WebLink

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shall be paid at the Florida Statutory rate of interest on judgments as established by Section 55.05, Florida Statutes (2000). Payments shall include a statement as to how the fee amount was determined and the statement shall be certified by the telecommunications company's chief financial officer or other duly authorized representative of the company. Section 6. If the City wishes to verify the payments due to the City under this section, the telecommunications company shall permit the City or a designated representative of the City, upon reasonable advance written notice, and during normal business hours at the location of the telecommunications where such records are maintained in the City, at another location satisfactory to the City, or elsewhere pursuant to (i) or (ii) below, to review or audit the telecommunications company's billing and payments records kept in the ordinary course of business upon which the payments were based. If a telecommunications company's records are not maintained in the City, the telecommunications company shall either: (i) pay all reasonable expenses, including travel, following the provisions of subsections 112.061 (6), (7) and (8), Florida Statutes (2000), to the City for the City to have a review or audit performed; or (ii) provide the City with access to copies of the telecommunications company's records in the City or within 55 mile of the City or by an electronic method satisfactory to the City. However, without the specific written consent of a telecommunications company's audit representative, no company records may be duplicated or taken from the telecommunications company's premises, and the City shall maintain the confidentiality of the information disclosed in these records, to the extent permitted by applicable law, and use the information solely for the purposes of verifying payment by the telecommunications company. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for sums due and payable under this Ordinance unless the City agrees in writing. In the event that the City, pursuant to final audit findings, determines that there exists a difference between the amount due to the City and the amount paid to the City, indicating an underpayment to the City, in excess offive percent (5%) of the amount due, such telecommunications company shall pay all reasonable costs, fees and expenses of the audit. Section 7. This Ordinance is adopted consistent with the provisions of Section 3370401, Florida Statutes (2000), and other applicable provision s oflaw. This section shall not be construed as a waiver or limitation of the power of the City to prescribe and enforce reasonable rules and regulations pursuant to applicable provisions of law. Section 8. If required by applicable City ordinances, codes or regulations, a telecommunications company shall be registered with the City and obtain all permits that may be required by the City regarding occupation of the City's public rights-of-way for telecommunications facilities. Section 9. It is the intention of the City Commission of the City of Sunny Isles Beach that the provisions of this Ordinance shall become and be made a part of the Ordinances of the City of Sunny Isles Beach, Florida, and that the Sections of this ordinance may be numbered, renumbered, re- Telecommunications Simplifed Tax Ord,Doc 3