§ 7-1-3. Future rights to purchase and terminate franchise.
Latest version.
No franchise shall hereafter be granted except upon condition that the city shall
have the right at any time after fifteen (15) years from the granting thereof, to
purchase the physical properties of the franchise holder and to terminate its franchise
and all privileges enjoyed by it thereunder; provided the majority of the qualified
taxpaying voters of the city voting thereon shall vote to do so; and provided that
upon the petition of fifteen (15) percent of the qualified taxpaying voters to the
council, the matter of acquisition of the property shall be submitted to an election
to be determined by a vote of the qualified taxpaying voters voting thereon, which
election shall be held at the next succeeding general election in the city, after
at least twenty (20) days' notice in a newspaper published in the city, and provided
that the owner of the physical property shall be compensated for the value thereof,
considering solely the physical assets, the value to be determined by the report of
the majority of three (3) arbitrators, one to be selected by the council, one by the
owner of the physical property to be valued, and the third by the arbitrators so selected,
but if the owner of the physical property shall refuse for thirty (30) days to select
the arbitrator, then the judge of the court having jurisdiction over the case shall
have authority to appoint a third arbitrator. The rights conferred by this section
shall not be construed as applying to any exclusive jurisdiction conferred upon the
Florida Public Service Commission.
(Laws of Fla. 1931, Ch. 15425, § 56)
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