§ 4.4-4. County's rights reserved.  


Latest version.
  • (a)

    Nothing contained in this chapter or in any franchise or permit granted hereunder shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the county's right of eminent domain.

    (b)

    There is hereby reserved to the county every right and power which is required to be reserved or provided by the laws of Florida, or by any ordinance of the county, and the franchisee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the county in its exercise of such rights or power, heretofore or hereafter enacted or established.

    (c)

    Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, franchise to any other person within all or any portion of the county.

    (d)

    Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the county.

    (e)

    The board may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The board is hereby authorized and empowered to prescribe rules and regulations and to adjust, settle or compromise any controversy or charge arising from the operations of any franchisee under this chapter, either on behalf of the county, the franchisee, or any subscriber, in the best interest of the public. Upon request of the board, the franchisee shall make or provide, or allow and bear the expense of making or providing any tests, investigations or reports necessary to establish, to the satisfaction of the board, compliance with all terms and conditions of this chapter.

(Ord. No. 73-6, § 8)