A. In the event the City wishes to acquire part or all of the cable system either by purchase or through the exercise of the right of eminent domain, City and grantee will each appoint one appraiser to establish the value of the system to be acquired by the City. The two appraisers will select a third appraiser who will be chairman of the appraisal board. The board will, by majority vote, determine the value of the system to be acquired by the City. This value will be final and binding on both the City and grantee and will be used as the purchase price of just compensation in an eminent domain proceeding between the City and grantee.
In the event of purchase by the City, or a change of grantee, the current grantee shall cooperate with the City, or with a representative appointed by the City to operate the system for a temporary period in maintaining continuity of service to all subscribers.
B. There is reserved to the City every right and power which is required to be herein reserved or provided by any ordinance of the City, and the grantee by its acceptance of this franchise agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of such rights or power, heretofore or hereafter enacted or established, provided that any such requirements are not inconsistent with the terms of this chapter.
C. Neither the granting of the franchise hereunder nor any of the provisions contained herein shall be construed to prevent the City from granting any identical, or similar, franchise to any other person, firm or corporation, within all or any portion of the city.
D. The City may amend this franchise, upon application of the grantee, when necessary to enable the grantee to take advantage of any developments in the field of transmission of communication signals which will afford it an opportunity more effectively, efficiently, or economically to serve its customer; provided, however, that this section shall not be construed to require the City to make any amendment.
The grantee agrees to incorporate, as a part of the cable system installed, historically proven advances in equipment and services at the first reasonable opportunity, provided that it is economically feasible and otherwise agreed upon. Such equipment and service shall include, but not be limited to, two-way access available to all subscribers, equipment to facilitate such two-way services at both headend and subscriber terminals, availability of national or international transmission via communications satellites, application of fiber optic technology and other such advances. Such equipment and services shall be incorporated in the Fullerton Cable System without regard to the company, corporation or other agency involved in its development.
E. Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City.
F. The Council may do all things which are necessary and convenient in the exercise of its jurisdiction, and may determine any question of fact which may arise by reason of the existence of this franchise. The City Manager is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of the grantee under this franchise, either on behalf of the City, the grantee, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with any decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the grantee. (Ord. 2326 § 1 (part), 1980).