Reservation of rights.
Cape Coral Code of Ordinances § 15-33
in effect§ 15-33 - Reservation of rights.
(a) The city reserves the right to amend this article as it shall find necessary in the lawful exercise of its police powers.
(b) Any additional regulations adopted by the city shall be incorporated into this article and complied with by all franchisees within 30 days of the date of adoption of additional regulations unless imposition of the regulations would be otherwise prohibited by applicable law, or inconsistent with an existing franchise.
(c) The city reserves the right to exercise the power of eminent domain to acquire the property of a franchisee's cable system, consistent with applicable federal and state law. Notwithstanding anything to the contrary, this section shall not enlarge or restrict the city's exercise of eminent domain except to the extent provided by applicable law.
(d) The city shall at all times have the right, upon reasonable notice and during normal business hours, to examine records and to inspect a franchisee's facilities to the extent needed to monitor a franchisee's compliance with and performance under this article and the franchisee's franchise agreement.
(e) The city shall have the right, during the life of any franchise, to install and maintain free of charge upon the poles of the franchisee any wire and pole fixtures necessary for any municipal purpose on the condition that the wire and pole fixtures do not interfere with the operations of the franchisee.
(f) At the expiration, without right of renewal, of the term for which a franchise is granted or upon its termination and cancellation, as provided for herein, or in any franchise agreement granted pursuant hereto, the city shall have the right to require the franchisee to remove at its own expense all portions of its system from all public ways within the city.
(g) At the expiration without right of renewal of the term for which any franchise is granted, including any renewal term, or upon its termination and cancellation, as provided for herein, the city, at its election, and upon payment of the fair market value to the franchisee consistent with applicable law, shall have the right to purchase and take over the franchisee's system in the public rights-of-way. The fair market value price shall not include, and the franchisee shall not receive, anything for the valuation of any right or privilege appertaining to it under a franchise. Upon the exercise of this option by the city and its service of an official notice of the action upon a franchisee, the franchisee shall immediately transfer to the city possession and title to all facilities and property, real and personal, of the system, free from any and all liens and encumbrances not agreed to be assumed by the city in lieu of some portion of the purchase price set forth above, and the franchisee shall execute the warranty deeds or other instruments of conveyance to the city as shall be necessary for this purpose. The franchisee shall do nothing during the term of its franchise or any extension thereof to in any way prevent or hinder the city from purchasing the system under the option contained herein.
(Ord. 90-00, § 3, 9-11-2000)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH15FR_ARTICACO_S15-33RERIFetched: 11/4/2026