§ 50-131. Purpose and application.

(a)

The purpose of this article is to establish fees for occupation of the city's rights-of-way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the city for occupation of the city's rights-of-way. Any telecommunications company paying fees for the occupation of the city's rights-of-way for telecommunications facilities as of the effective date of the ordinance from which this article is derived shall continue to pay fees to the city as the company has been paying them.

(b)

The fees imposed pursuant to this article 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 for occupation of the city's rights-of-way.

(c)

The fees imposed pursuant to this article are a fee and not a tax as specified in F.S. § 337.401, and therefor:

(1)

The payments to be made pursuant to this article 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 in this section is consideration for occupation of the city's rights-of-way, including all public easements, for the purpose of erecting, constructing and maintaining telecommunications systems.

(Ord. No. 01-07, § 1(21-40), 6-18-2001)