§ 118-76. Limitations of franchise.

(a)

Police power. In addition to the limitations otherwise herein appearing, the franchise is subject to the following limitation: The franchisee shall, at all times during the term of any franchise hereunder, be subject to all lawful exercise of the police power by the Board and other duly authorized regulatory State and Federal bodies and shall comply with any and all ordinances which the Board has adopted or shall adopt applying to the public generally and to other franchisees, and shall be subject to all laws of the State of Florida and the United States. Franchise renewals shall be subject to all ordinances, laws and regulations in effect at the time of renewal.

(b)

Poles, cable, electronic equipment.

(1)

Any franchise granted hereunder shall not relieve the franchisee of any obligation under any pole or conduit use agreements both from the County and the telephone company, or others maintaining poles or conduits in the public ways of unincorporated Sarasota County whenever the franchisee finds it necessary to make use of said poles or conduits.

(2)

Unless preempted by federal law, any poles, fiber, cable, electronic equipment or other appurtenances of the franchisee to be installed in, under, over, along, across or upon public ways shall be so located so as to cause minimum interference with the use of the public ways and to cause minimum interference with the rights of other users of the public ways or of property owners who adjoin any of the public ways. All such Installations shall be subject to relevant permitting requirements. Permits may be conditioned in regard to location, height, type and other pertinent aspects. Franchisee shall comply with all design, construction, safety and performance provisions contained in this article, the franchise and other applicable local ordinances.

(3)

No location of any pole, fiber, cable, electronic equipment or other appurtenances of the franchisee shall constitute a vested right and such shall be removed, relocated or modified by the franchisee at its own expense whenever the Board determines that it is in the best interest of the public. Franchisee shall utilize existing poles and conduits, where possible. During the term of the franchise, the County shall, at no charge, have the right to install upon franchisee's poles any wire and pole fixtures that do not unreasonably interfere with franchisee's operations.

(c)

Disturbance to property. In the event of a disturbance of any public way or private property by franchisee, it shall, at its own expense and in a manner approved by the Board, replace and restore such public way and private property in as good a condition as before the work causing such disturbance was done.

(d)

Excavations. In conformance with applicable law, franchisee shall construct, maintain and operate the cable system so as to cause minimum inconvenience to the general public. All excavations shall be properly guarded and protected and shall be replaced and the surface restored promptly after completion of the work at its sole cost and expense. Franchisee shall at all times comply with all excavation ordinance requirements of the County.

(e)

Emergency cuts. If, at any time in case of fire or disaster in the County, it shall become necessary in the judgment of the Board to cut or move any of the wires, fibers, cables, amplifiers, appliances or appurtenances of the Cable System, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the franchisee at the request of the Board at no expense to the County.

(f)

Public works/public improvements. Nothing in this article shall interfere with the Board's right to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable system interfere, in any way, with the construction, maintenance or repair of such public works or public improvements, the franchisee shall, at its own cost and expense, protect or relocate its cable system, or part thereof, as reasonably directed by the County officials.

(Ord. No. 2006-026, § 8, 4-12-2006)