§ 5-10.15. Rights reserved to the City.

(a)

Nothing set forth in this chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at fair market value, and nothing set forth in the chapter shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the City's right of eminent domain.

(b)

There is hereby reserved to the City every right and power which is required to be reserved or provided by the provisions of this chapter or any law, including, but not limited to, the police power.

(c)

Neither the granting of any franchise pursuant to the provisions of this chapter nor any provision of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

(d)

The Council may do all things which are necessary and convenient in the exercise of its jurisdiction pursuant to the provisions of this chapter. The City Manager, with the approval of the City Attorney, is hereby authorized and empowered on behalf of the Council to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee pursuant to the provisions of this chapter, either on behalf of the City, the grantee, or any subscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for a hearing and determination. The Council may accept, reject, or modify the decision of the City Manager.

(§ 2, Ord. 719, eff. January 4, 1990)