§ 5. Fees and payments.

(a)

In consideration for the rights, privileges and permission granted hereunder, a registrant hereunder shall pay to the town annually a sum equal to one percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of the town. Included within such one percent maximum fee or consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. § 337.401(5), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the town upon a registrant. In the event that applicable law currently permits or is amended to permit the town to collect a fee higher than one percent, or permits the town to calculate the fee on revenues not specified herein, the registrant shall pay following written notice from the town, its fee payments to the town to that higher amount on the effective date of such law. In the event applicable law is amended to require the town to collect a fee lower than the current statutory limit, the town shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the town quarterly, with such payments made within 20 days following the end of each calendar quarter. Payments received after the due date stated herein shall be subject to interest in accordance with the interest rate identified in F.S. § 55.03, or its successors.

(b)

A registrant, that makes physical use of the public rights-of-way and who is not providing telecommunications services as defined in F.S. § 203.012(3), as a condition for occupying or using the public rights-of-way shall pay to the town annually no less than $500.00 per linear mile of any cable, fiber optic, or other pathway that makes physical use of the public rights-of-way. The town may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the town in excess of $500.00 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 town; 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 service provider.

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 F.S. § 203.012(3), for any services provided by such telecommunications company.

(c)

Notwithstanding anything herein to the contrary, the town shall, at all times hereby require the maximum compensation allowed under applicable law.

(d)

Except to the extent prohibited by applicable law: (1) the fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (2) such fee payments shall be in addition to any and all taxes of a general applicability; (3) a registrant shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said town taxes or other fees or charges of general applicability which registrant is required to pay to the town, except as required by law; and (4) the fee specified herein is the consideration for use of the public rights-of-way, including all public easements, for the purpose of installing and maintaining a telecommunications facility.

(e)

The payments required under this section shall not apply as of October 1, 2001; or such other date as provided by law, provided that F.S. § 337.401, is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.

(Ord. No. 01-3, § 1, 10-19-01)