Except as otherwise required by law or provided in an existing franchise, license
or agreement, a permit shall be required from the town for the placement of any utility
facilities within the rights-of-way located within the town. The permit shall be nonexclusive
and consistent with federal, state and local law, shall be conditioned upon the payment
by the utility company to the town an amount to be determined by subsequent resolution,
as may be amended from time to time, for use of the rights-of-way, said fee to be
determined in a reasonable and nondiscrirninatory manner consistent with applicable
law. For utility companies that pay franchise fees to the town pursuant to franchise
agreements or similar agreements, no additional payment for the use of the town's
rights-of-way shall be required pursuant to this section for as long as those agreements
remain in full force and effect and for so long as the utility continues to remit
the franchise fees provided for by such franchise agreements. If a telecommunications
company or cable television company elects to obtain a state franchise pursuant to
F.S. § 610.104, or any similar successor statute, then such company shall thereafter
be subject to the fees provided for by this section. The use of the rights-of-way
shall also be conditioned upon all of the code provisions, rules and regulations of
the town pertaining thereto as contained within chapter 16 of the town's Code.
(Ord. No. 247-158-113, § 1, 12-13-10)
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