2000-26 Establishes Fee for Use of Rights-of-WayORDINANCE 26-2000
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SUBSECTION (8) OF SECTION 28-3 OF CHAPTER 28, USE OF
RIGHTS-OF-WAY FOR UTILITIES, OF THE CODE OF ORDINANCES OF THE VILLAGE TO
PROVIDE FOR AND ESTABLISH FEES FOR ANY PERSON PROVIDING
TELECOMMUNICATIONS SERVICES DEFINED AS TOLL SERVICES IN SECTION
203.012(7), FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Subsection (6) of Section 28-3 of Chapter 28, Use of Rights-of-Way for Utilities, of
the Code of Ordinances of the Village is hereby amended to read as follows:
"Section 28-3. Same--Contents.
(6) As a condition for granting permission to occupy the village streets and
rights-of-way, the franchise holder shall pay to the village a fee of five (5)
percent of the gross receipts of the franchise holder from local service
revenues for services provided within the corporate limits of the village by
the franchise holder. Such fee shall be collected for all commodity utility
services provided within the village and shall apply equally to all persons
and/or institutions, whether not-for-profit or for-profit. This fee shall not
apply to one-time charges, such as meter installations, late fees or capital
recovery fees. Such fees shall be paid on or before the first day of March,
June, September and December, based upon the receipts of the preceding
quarter of the fiscal year of the franchise holder, the first of such annual
payment to be paid on or before the first day of March to occur during the
term of the franchise. Notwithstanding the above, the fee required of any
telecommunications company may not exceed one (1) percent of the gross
receipts on recurring local service revenues for services provided within the
corporate limits of the village by such telecommunications company, as
provided in F.S. section 337.401(3).
In the event a telecommunications company provides telecommunications
services defined as toll services in Section 203.012(7), Florida Statutes, or
other non-local telecommunications services, as a condition for granting
permission to occupy or use the Public Rights-of-Way of the Village, they
shall pay to the City annually no less than Five Hundred Dollars ($500) per
• linear mile of any cable, fiber optic, or other pathway that makes physical
use of the Public Rights-of-Way. Any fee or other consideration imposed
by this Subsection in excess of Five Hundred Dollars ($500) per linear mile
shall be applied in a nondiscriminatory manner and shall not exceed the
sum of:
(1) Costs directly related to the inconvenience or impairment solely
caused by the disturbance of the Public Rights-of-Way;
• (2) The reasonable cost of the regulatory activity of the Village; and
(3) The proportionate share of cost of land for such street, alley or
other public way attributable to utilization of the Public Rights-of-Way by a
telecommunications company.
The fee or other consideration imposed pursuant to this subsection
shall not apply in any manner to any telecommunications company which
provides Telecommunications Services as defined in Section 203.012(3),
Florida Statutes, for any services provided by such telecommunications
company."
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 24th DAY OF AUGUST, 2000.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF SEPTEMBER, 2000.
(VILLAGE SE~,L) `
MAYOR
ATTEST:
VILLAGE CLERK
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