(A) The purpose of this chapter is to establish fees for occupation of the town’s rights-of-way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the town for occupation of the town’s rights-of-way. Any telecommunications company paying fees for the occupation of the town’s rights-of-way for telecommunications facilities as of the effective date of this chapter shall continue to pay fees to the town as the company has been paying them.
(B) The fees imposed pursuant to this chapter shall apply to all telecommunications companies occupying the town’s rights-of-way for telecommunications facilities and not otherwise paying a fee to the town for occupation of the town’s rights-of-way.
(C) The fees imposed pursuant to this chapter are a fee and not a tax as specified in F.S. § 337.401; consequently: the payments to be made pursuant to this chapter shall not be deemed to be in the nature of a tax; such payments shall be in addition to any and all taxes of a general applicability; and the fee specified herein is consideration for occupation of the town’s rights-of-way, including all public easements, for the purpose of erecting, constructing and maintaining telecommunications systems.
(Ord. 4-00, passed 1-25-2001)