Broward County |
Code of Ordinances |
Chapter 20. LICENSES AND BUSINESS REGULATIONS |
Article XVIII. OPEN VIDEO SYSTEMS |
§ 20-507. Compensation for use of public rights-of-way.
(a)
Compensation. Every Operator of an Open Video System shall pay compensation to the County for use of the County's rights-of-way whether in unincorporated areas or within municipalities in Broward County as follows:
(1)
Each Operator providing service in unincorporated areas shall pay to Broward County a quarterly use fee, at the time its quarterly report is due, based upon the Operator's gross revenues during the preceding quarter in the following amount:
Five percent (5%) of gross revenues derived from the unincorporated areas of the County.
(2)
Each Operator using the County's rights-of-way within Broward municipalities must pay a use fee based on the Operator's use of the County's rights-of-way. The per foot charges for an Operator will be established from time to time by County resolution. The charges will be calculated monthly and paid quarterly by multiplying the previous year's fee by the percentage change of the previous calendar year's increased average (January—December) of the U.S. Department of Labor Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, CPI-U, for Miami-Fort Lauderdale, Florida ("Index"). In the event such Index ceases to be published, the County may select another measure of general price changes. By March 1 following the enactment of this article and each March 1 thereafter, the County shall notify each Operator of the revised use fee to be effective on the following April 1.
(b)
The compensation fees shall apply to all OVS facilities using the County's public rights-of-way, whether owned or leased by the Operator.
(c)
Whenever a use agreement is executed on a date other than April 1, the initial monthly fee shall be prorated for the remainder of the year ending March 31 and shall be payable upon approval of the use agreement by the County.
(d)
The use fee shall be calculated based on the actual usage of the public rights-of-way for the placement of facilities identified in the use agreement as verified by as-built maps and County inspection. The use fee calculation is based on the following:
(1)
The cost per foot is applied per run of cable or conduit either owned, leased, or controlled by any provider.
(2)
All measurements will be taken to the nearest foot.
(3)
The Operator will be charged for all cable and conduit in place at the time the use agreement is issued. Where an existing agreement is amended to include additional usage of the public rights-of-way, the Operator shall be charged additional fees pursuant to this article.
(4)
Accrual of the use fee shall begin on the effective date of the issuance of the use agreement. The Operator shall not be exempt from any property, sales or use tax, or any other tax not directly related to the use agreement from other fees or taxes assessed generally upon businesses, or from fees and charges that are uniform and generally applicable to contractors performing similar work, except as may be specifically provided herein.
(5)
The Operator may place aerial cable only in locations approved in advance by the County. All use fees listed in this section shall apply at the same rate for aerial cable.
(e)
No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the County may have for further operational sums payable under this article or for the performance of any other obligation hereunder subject to statute of limitations of state law.
(f)
Nothing in this section shall limit the Operator's liability to pay other local taxes, fees, charges, or assessments to the County and other taxing and governmental authorities.
(g)
Each Operator shall pay to Broward County a quarterly use fee, based upon the Operator's gross revenues during the preceding quarter. The quarterly payments shall be submitted according to the following schedule: January—March payments due April 25; April—June payments due July 25; July—September payments due October 25; and October—December payments due January 25 of each year.
(h)
All amounts which are not paid when due and payable hereunder shall bear interest at the legal rate, as defined in Florida Statutes, until paid. Whenever Operator shall be, and declared by County to be, in default on payment of any sum owed under this section, County may promptly give notice to the Surety for the bond requirement pursuant to Section 1.30 herein and the Surety may promptly remedy the default.
(Ord. No. 1999-14, § 1.07, 4-13-99)