§ 54.76. Compensation for Permit.

Except as hereinafter provided, it shall be a term and condition of any Telecommunication Permit issued in accordance herewith that as a part of the consideration supporting the issuance of such Telecommunication Permit and the City's permission thereby to occupy and use the streets of the City, that the Permittee shall pay each year to the City compensation and license fees in the amount of:

(i)

$2.00 per linear foot up to 52,800 feet, of any underground, and

(ii)

$1.00 per linear foot up to 52,800 feet, of any aboveground, line cable, fiber optic conduit, duct-bank, or other pathway (hereinafter collectively referred to as "Pathway") that makes physical use of the City streets. Pathways owned by one company or affiliated companies which exceed a total length of 52,800 feet shall be subject to a reduced fee of 50 percent of what otherwise would be due in accordance with the terms of this Article for the portion of Pathway from 52,801 feet to 132,000 feet and 25 percent for the portion exceeding 132,000 feet. This reduction shall be in addition to the transitional period reduction contained in Section 54.82(d) herein. The applicable fee for underground lines and cables accordingly, for example for 1988 shall be:

0—52,800 feet	.60 × $2.00/ft. = $1.20/ft.
52,801—132,000 feet	.50 × .60 × $2.00/ft. = $0.60/ft.
132,000 feet +	.25 × .60 × $2.00/ft. = $0.30/ft.

 

For systems which include a combination of underground and aboveground lines, the reduction of the annual fee shall be prorated between the underground rate and the aboveground rate based upon the number of feet of each type within the total system on January 1 of the applicable year. For new portions of systems eligible for the reduced rate based upon the length of the system, the prorated fee paid at the time of filing the application shall be prorated based upon the quarter in which the application is filed and the proration of underground and aboveground lines being added at that time.

For the purposes of this Section, two or more lines cables, fiber optics conduits, duct-banks or other pathways parallel to each other which are:

(i)

underground and within a sixteen (16) inch wide strip of right-of-way, except as hereinafter provided, or

(ii)

aboveground and attached to the same poles,

and owned by the same or an affiliated company shall be considered as one Pathway for the purpose of the per linear foot charge. In the event a Permittee cannot construct or lay its underground lines, cables, fiber optics conduits, duct-banks or other pathways within a single sixteen inch wide strip of right-of-way because a sixteen inch wide strip of right-of-way is not available due to the closeness of other lines owned by other entities, then all lines, cables, fiber optics conduits, duct-banks or other pathways which are owned by that Permittee or an affiliated company that are parallel to each other within the same right-of-way regardless of distance apart shall be considered as one Pathway for the purpose of the per linear foot charge, provided that such lines and pathways could have been constructed within a single sixteen inch wide strip of right-of-way, if it had been available. Lines, cables or fiber optics of a Private Communications System placed in an underground conduit or duct-bank owned by another Permittee shall require a separate Telecommunication Permit, subject to the same requirements as other installations, except the fee for the additional Telecommunications Permit shall be one-half of the otherwise applicable per linear foot fee for the portion of the Pathway so utilized. Lines, cables or fiber optics of a Private Communications System placed aboveground on existing poles shall require a Telecommunication Permit, subject to the same requirements as other installations. Lines, cables or fiber optics of a Private Communication System which are placed in an underground conduit or duct-bank, or on aboveground poles owned by an entity exempt from the provisions of this Article shall require a Telecommunication Permit, unless the Franchise, or other authorization by which the exempt entity has the right to place the conduit, duct-bank or poles within the City property, prohibits the application of the permit and fee requirements contained in this Article to the lessee of space within the conduit or duct-bank or on the poles. The City may raise this license fee no more frequently than every three years, by an amount not exceeding the proportional cumulative increase in the Bureau of Labor Statistics Telephone and Telegraph Wire and Cable Index or successor index since the initial establishment of this permit fee, or since the most recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing and at least twenty (20) days notice to all Permittees, except as hereinafter provided. The City may raise the license fee more than the cumulative increase in such Index in the event there is competent evidence that the fee imposed by the City is below the average of fees imposed by other cities within the State of Florida which impose such fees and which have populations in excess of 50,000 people. Except for lines, cables or fiber optics within a conduit or duct-bank owned by another Permittee, the license fee shall be based on the same amount per linear foot for all nongovernmental entities subject to the requirements of this Article after the transition period, except in no event, however, shall the fee be less than $500.00 per annum.

(Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)