Sec. 711.304. - General authority and power to grant franchise agreement.

(a) To protect and promote the health, safety and general welfare of the citizens of the City and to preserve the necessary control and monitoring of the occupation and use of the City's rights-of-way, on and after the effective date of this Part (or not to exceed 120 days, or April 1, 2002 for a government owned "Utility" as defined in Part 3 herein, after the effective date of this Part if the Director deems necessary a delayed enforcement) no person conducting business as a defined utility, or as a utility shall occupy or use any City rights-of-way for the purpose of installing any wire, pipe or other material for the business purposes of the person without a franchise agreement. For defined utility or utility installations serving two or more parcels of land, no person or their agent (i.e. contractor, etc.) shall be allowed to pull permits (pursuant to City Code) for occupancy of City rights-of-way unless and until said person has a franchise agreement. The Director is authorized and empowered to grant and execute a franchise agreement in accordance with the terms of this Part. Any contractor or other agent acting on behalf of a person having a franchise agreement must have a letter from said person describing the scope of the proposed "use" of City rights-of-way and specifying that said agent is authorized to act on the person's behalf, all "use" being subject to all terms of the occupancy agreement. Every occupancy agreement granted is conditioned upon the person paying the fees required in this Part when due and complying with the terms of the occupancy agreement. The Director may suspend and revoke the occupancy agreement and right to pull permits(s) upon any default by the person upon written notice as set forth in the occupancy agreement further described in this Part. (b) The fees required by this Part shall not be applicable to any unit of federal, State, or City government or any other body politic as established by law and exempt from the payment of said fees by State or federal law or court order, it being intended that the payment of franchise fees required pursuant to this Part shall not be payable by another body politic or municipality operating a "Utility" within the corporate limits of one of the Beaches or Baldwin, but that such payment shall be required of any body politic or municipality for any such "Utility" services within the City of Jacksonville's corporate limits and not within the corporate limits of one of the Beaches or Baldwin. (c) The grant of an occupancy agreement or franchise agreement shall not relieve, limit or alter a person's obligations to obtain and maintain any license or permit required by the City Code or other applicable law to carry on the person's business. (Ord. 2001-427-E, § 2; Ord. 2001-1297-E, § 1)