§ 71-32. Authority to grant; terms and conditions of granting.

(a)

The city may grant one or more cable communications franchises.

(b)

Any franchise granted hereunder shall be evidenced by a franchise agreement executed by the grantee agreeing to be bound by the terms of this chapter. In addition, so long as state and federal law permit city to negotiate the contribution of in-kind services and other matters with each applicant for a franchise individually, such franchise agreement shall contain such other provisions and obligations in addition to those matters set forth in this chapter as are permissible under state and federal law and agreed to by city and grantee, including, but not limited to those matters such as in-kind contributions to schools, monetary grants, production assistance, public access, and wiring and furnishing cable service to governmental buildings. Any franchise granted under the terms and conditions contained in this article shall be consistent with federal laws and regulations and state general laws and regulations. If a conflict occurs in the terms and conditions of the franchise and the terms and conditions on which the city can grant a franchise, the general law or statutory requirements shall, without exception, control. Any franchise granted is made subject to the general ordinance provisions in effect in the proper exercise of the city's police power. Nothing in the franchise shall be deemed to waive the requirements of the other codes and ordinances of the city regarding permits, fees to be paid or the manner of construction.

(c)

Neither this chapter as a whole, nor any of its parts, portions or terms, shall be construed as granting or intending to grant to a grantee a franchise to use the city's public ways, streets, or other public places of the city or any portion of the cable communication system for services not related to cable television, including, but not limited to, telephone or any other uses not specified herein; but nothing herein shall preclude a grantee from entering into a contract for the use of any portion of the system with any person, firm, partnership or corporation; provided that such person, firm, partnership, or corporation first obtains any required franchise, license, and permits from the city and any required certification from the State of Florida and the FCC.

(Ord. No. 02-03, Art. II(2), 2-28-02)