A. Nothing in this chapter shall be deemed or construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.
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 any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.
C. Neither the granting of any franchise hereunder nor any of the provisions contained in this chapter 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. In the event the city grants such additional franchises to construct, operate or maintain a CATV system within the city under more favorable terms and conditions than those granted to a grantee in a previous franchise agreement, then the agreement shall be considered modified to include such more favorable terms and conditions.
D. There is reserved to the city the power to amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee. Provided, however, that any franchise in existence on the effective date of this chapter shall be subject to and governed by the law in existence prior to the effective date of this chapter except insofar as the requirements set forth in this chapter do not materially increase the burdens and obligations assumed by the grantee or materially diminish the rights of the grantee pursuant to such grantee's existing franchise agreement. Any renewal of existing franchises after the effective date of this chapter shall be governed by the law in existence at the time such renewal application is made, and any franchise so renewed shall be subject to all of the provisions of this chapter.
E. Neither the granting of any franchise nor any provisions of this chapter 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 under this chapter and may determine any question of fact which may arise during the existence of any franchise granted hereunder. The city is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city or and subscriber, in the best interest of the public.
(Ord. 505 § 1(part), 1987).