(A) Subject to those restrictions, if any, that are mandated by law, neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the city from granting additional franchises.
(B) There is hereby reserved to the city every right and power which is required to be herein reserved or provided by any ordinance adopted by the city pursuant to the exercise of its police and taxing powers. Grantee, by its acceptance of any franchise, agrees to be bound by all ordinances and regulations of general application now in effect or subsequently enacted (including without limitation those that concern encroachment permits, business licenses, zoning and building) and to comply with any action or requirements of the city in its exercise of such rights or power; provided, however, that such ordinances and regulations shall not materially affect grantee's rights or obligations under the franchise.
(C) Neither the granting of any franchise hereunder, nor any of the provisions contained herein, shall constitute a waiver or bar to the exercise of any governmental right or power of the city, now existing or hereafter granted.
(D) Nothing herein shall be deemed or construed to impair or affect, in any way, or to any extent, the right of the city to acquire the property of grantee through the exercise of the right of eminent domain, at a fair and just value in accordance with applicable law. Nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.
(E) The City Council may do all things which are necessary in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The City Manager is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, in the best interest of the public.
(F) Grantee or any member of the public may appeal a decision of the City Manager to the City Council for hearing and determination within 30 days of receipt of notice of such decision. If no such appeal is made, the City Manager's such decision shall be deemed final. The City Council may accept, reject or modify the decision of the City Manager and may settle or compromise any controversy or cancel any charge arising from the operations of grantee or from any provision of this chapter. Grantee shall have 60 days subsequent to the date of any such action by the City Council (including without limitation a determination of any question of fact) to file an appeal therefrom with an appropriate state or federal court or agency. All actions by the City Council under this division shall be after hearing upon ten days advance written notice to grantee at its address on file with the city. Such actions may be by resolution or minute motion, except that revocation of a franchise shall be by ordinance.
(Ord. 4315, passed 11-12-96)