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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING PART V, CHAPTER 35 OF THE BROWARD COUNTY ADMINISTRATIVE CODE RELATING TO FEES FOR USE OF THE COUNTY’S RIGHTS-OF-WAY FOR CONSTRUCTION, MAINTENANCE, REPAIR, INSTALLATION, AND OPERATION OF CABLE TELEVISION, OPEN VIDEO SYSTEMS,TELECOMMUNICATIONS FACILITIES, AND PRIVATE COMMUNICATIONS SYSTEMS; PROVIDING FOR PRIVATE COMMUNICATIONS REGISTRATION FEES FOR OPERATORS OF TELECOMMUNICATIONS FACILITIES AND OWNERS OF SYSTEMS; PRIVATE COMMUNICATIONS SYSTEMS; PROVIDING FOR A FEE TO BE ESTABLISHED TO COMPENSATE THE COUNTY FOR THE USE OF ITS PUBLIC RIGHTS-OF-WAY FOR CONSTRUCTION, MAINTENANCE, REPAIR, INSTALLATION, AND OPERATION OF TELECOMMUNICATION FACILITIES AND PRIVATE COMMUNICATIONS SYSTEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AMENDMENT OF THE BROWARD COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has amended its ordinance titled the nu........ "Broward County Telecommunications Ordinance"; and WHEREAS, the Board of County Commissioners desires to amend Part V of Chapter 35 of the Broward County Administrative Code; and WHEREAS, the Board of County Commissioners has determined that these amendments, including the fees, are reasonable and necessary; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD, COUNTY, FLORIDA: Section 1. Part V of Section 35 of the Broward County Administrative Code is hereby amended to read as follows: V. FEE FOR USE OF COUNTY’S RIGHTS-OF-WAY FOR CONSTRUCTION, MAINTENANCE, REPAIR, INSTALLATION, AND OPERATION OF CABLE TELEVISION, OPEN VIDEO SYSTEMS, PRIVATE COMMUNICATIONS SYSTEMS, AND TELECOMMUNICATIONS FACILITIES. 35.34. General. The Board of County Commissioners finds that the fees and charges set forth in the fee schedule are reasonable and necessary in light of the rights provided for herein. The Board adopts and institutes the following fee schedule: a. Every owner, provider, or operator of cable television and open video systems, and private communications systems, and telecommunication facilities ("Systems") utilizing the County‘s rights-of-way for construction, maintenance, repair, installation, and operation of the Systems shall pay compensation to the County as provided for below. b. The fees referenced below apply to all owners, providers, or operators of Systems’ facilities utilizing the County’s public rights-of-way, whether owned or leased by the owner, provider, or operator. c. Each owner, provider, or operator of Systems utilizing the County’s rights-of-way as described in subsections a. and b. above, whether located within unincorporated areas or within municipalities in Broward County, shall pay a use fee based on the owner's, provider's, or operator's use of the County's rights-of-way. The fee for use of the County’s rights-of-way shall be calculated on a per linear foot basis in accordance with Exhibit 35.A. d. Revisions to the per linear foot fee charged by the County for use of the County's rights-of-way for the purposes described above may be recalculated from time to time and shall be set forth in a resolution of the Board of County Commissioners. 35.35. Manner and Method of Payment of Use Fee. a. Annually, following adoption of this Part, the use fees referenced herein shall 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 owner, provider, or operator of the revised use fee to be effective on the following April 1. general price changes. By March 1 of each year following the adoption of this Part, the County shall notify each b. Whenever the owner, provider, or operator executes a use agreement, franchise, or Registers with the County which is executed or acknowledged 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, franchise, or Registration by the County. c. The use fee shall be calculated based on the actual usage of the public rights-of-way for the placement of facilities identified in any use agreement, franchise, or Registration 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, conduit, or other pathway either owned, leased, or controlled by any owner, provider, or operator. 2. All measurements will be taken to the nearest foot. 3. The owner, provider, or operator will be charged for all cable, conduit or other pathway in place at the time the use agreement, franchise, or Registration is issued or acknowledged. Where there is additional usage of the public rights-of-way, the owner, provider, or operator shall be charged additional fees as provided for herein. 4. Accrual of the use fee shall begin on the effective date of the issuance of the use agreement, franchise, or Registration between the owner, provider, or operator and the County. The owner, provider, or operator shall not be exempt from any property, sales or directly related to the use agreement, franchise, or Registration, 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. 35.36. Registration Fees for Telecommunications Facilities and Private Communications System Users. a. Each Registration to use County rights-of-way for telecommunication facilities or private communications system shall be accompanied by a non-refundable Registration fee to offset the reasonable cost of processing, reviewing, and verifying the Registration. b. Registration fees shall be the following amounts: 1. For an initial Registration $250.00 2. For renewal of a Registration: $150.00 3. For transfer of a Registration: $150.00 4. For modification of a Registration: $150.00 c. Where the County’s out-of-pocket costs in processing, reviewing, and verifying the Registration exceed the amount of the Registration fee, such costs shall be paid by the Registrant. Within thirty (30) calendar days of the Effective Date of the Registration, the County Administrator or designee must notify the Registrant of the amount of any such processing fee and its method of calculation. If the excess processing fee is not paid within sixty (60) calendar days of the Effective Date of the Registration, the Registration will be null and void. Section 2. SEVERABILITY. If any section, sentence, clause, or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 3. INCLUSION IN ADMINISTRATIVE CODE. It is the intention of the Board of County Commissioners that the provisions of this Resolution shall become and be made a part of the Broward County Administrative Code; and that the sections of this Resolution may be renumbered or relettered and the word "resolution" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. EFFECTIVE DATE. This Resolution shall become effective upon the effective date of the amendment to the Broward County Telecommunications Ordinance to include Registration prior to occupying Broward County ’s rights-of-way. ADOPTED this 23rd day of February, 2001. LEL:dp 01/29/01 cable.r02 #00-445-- |
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