§ 54.77. Payment and Audit of Compensation and License Fees.

(a)

The annual compensation and license fee provided for in Section 54.76 shall be payable annually on or before March 1 of each calendar year for the portion of the Private Communications System within the City streets on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a Telecommunication Permit for all new portions of the system, except as hereinafter provided. For portions of the system constructed in new subdivisions or areas being developed, the prorated license fee shall be based upon the calendar quarter in which the public improvements required by The Orlando Land Development Code are completed and accepted by the City, provided that:

(i)

the Permittee makes an application for the required Telecommunication Permit prior to construction of that portion of the Private Communication System,

(ii)

the Permittee coordinates its construction with that of the Developer of the subdivision or area and assumes the responsibility of determining from the Developer the date on which the Public Improvements are completed by the Developer and accepted by the City,

(iii)

the Permittee does not activate or utilize that portion of the Private Communication System except for testing,

(iv)

the Permittee notifies the City on a quarterly basis that the Public Improvements are still under construction and shall include in the annual report in conjunction with the fees due on or before March 1st of each year, a detailed listing or description of all lines and cables in subdivisions or areas under development for which the Public Improvements have not been completed and accepted by the City, and

(v)

the Permittee pays the applicable fee within thirty days after the Public Improvements are completed by the Developer and accepted by the City.

(b)

Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid.

(c)

The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable.

(1)

All fee payments shall be subject to audit by the City and assessment or refund if the payment is found to be in error.

(2)

In the event that such audit results in an assessment by and an additional payment to the City, such additional payment shall be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately.

(d)

Nothing in this Article shall be construed to limit the liability of the licensee for all applicable Federal, State and local taxes.

(e)

In the event any fees due in accordance with the terms of this Article are not paid within 90 days after the due date, the City Engineer may withhold the issuance of any right-of-way utilization permits or Telecommunication Permits to the Permittee until the amount past due is paid in full.

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