§ 123.079 RIGHTS RESERVED BY CITY.
   (A)   Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire property by eminent domain, at a fair and just value, and nothing herein contained 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 herein reserved or provided by any law. Nothing in this chapter nor any provision in a franchise agreement shall be deemed a waiver of the right of the city to regulate cable services or systems as now or may hereafter be authorized by federal or state law.
   (C)   Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.
   (D)   If the Federal Communications Commission or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of any franchise granted under this chapter, then to the extent the jurisdiction shall preempt or preclude the exercise of like jurisdiction by the city, the jurisdiction of the city shall cease and no longer exist.
   (E)   At the expiration of the term for which this franchise is granted or upon the termination and cancellation as provided therein, the city reserves the right to require the franchisee to remove at its own expense any and all portions of the cable system from the public ways within the city.
   (F)   In the event of a conflict or ambiguity between any terms or provisions of the franchise and this chapter, this chapter shall control.
(Prior Code, § 6-510) (Am. Ord. 1791, passed 12-18-07)