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<br />(2) For telecommunications companies providing only <br />toll telephone service 12.5~ quarterly per linear foot <br />of metallic cable, fiber optic cable, or other pathway <br />that makes physical use of the right-of-way. <br /> <br />(3) For telecommunications companies that provide <br />neither recurring local service or toll telephone <br />service 12.5~ quarterly per linear foot of metallic <br />cable, fiber optic cable, or other pathway that makes <br />physical use ofthe right-of-way. <br /> <br />(b) The license fee shall be due quarterly based upon the Licensee's preceding <br />quarter. The quarterly fees shall be submitted according to the following <br />schedule: January-March fees due May 10th; April-June fees due August <br />10th; July-September fees due November 10th; October-December fees due <br />February 10th of each year. Where authorized by statute, fees paid under <br />may be paid on an annual basis in which event the <br />fees shall be due no later than February 10th of each year. Accompanying <br />each payment of license fees, the Licensee shall file a report, on a form <br />provided by the Director, of its calculation of the license fee payment, <br />setting forth how the fees were calculated. <br /> <br /> <br />(c) Nothing herein will prohibit the City from accepting in-kind payments of <br />equipment, appurtenances or services in lieu of cash payments. <br /> <br />(d) The City shall be authorized to unilaterally amend this Article and increase <br />the license fee to the maximum license fee authorized by law. <br /> <br />( e) If the license fee is not received by the City within such period, the Licensee <br />shall pay interest on any such unpaid portion thereof at the rate of twelve <br />(12%) per year, from the day payment is due until the date of payment to <br />the City. The Licensee shall reimburse the City for attorney's fees in an <br />amount set by the Court in any judicial proceedings to collect these fees <br />provided the amount collected exceeds the amount paid by 5%. <br /> <br />(t) The license fee shall constitute minimum . due from each <br />telecommunications company occupying the right-of-way. The sums of <br />money to be paid by the Licensee to the City under this Section are <br />compensation and consideration for the use by the Licensee of City streets <br />and other ways for the construction, maintenance and occupation of the <br />System and are not taxes, as allowed by the Florida Constitution, the <br />general or special laws of the State of Florida or any other ordinances of the <br />City. Payment of this license fee shall not exempt the Licensee from the <br />payment of any other license fee, permit fee, tax or charge on the business, <br />occupation, property, activity, or income of the Licensee that may be <br />imposed by Local, State, or Federal law, to the extent allowed by State law. <br /> <br />Telecommunications Right-of-Way Ord. <br />LMD:ch/pwalker <br />4/5/00 - 12:41 PM <br /> <br />6 <br />