(A) Eminent domain. Nothing in this subchapter 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 the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value. Nothing in this subchapter 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) Legal rights and powers. There is reserved to the city every right or power which is required to be reserved in this subchapter or provided by law, and the grantee, by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirement of the city in its exercise of such rights or powers, whether heretofore or hereafter enacted or established. Without limitation of the foregoing, the right is reserved to the city to adopt and enforce, in addition to the terms, conditions and provisions of this subchapter and of otherwise existing applicable ordinances, such additional ordinances, rules and regulations as it finds necessary in the exercise of its police powers, provided that the ordinances, rules and regulations are reasonable and not in material or substantial conflict with the rights granted in this subchapter.
(C) Waivers. Neither the granting of any franchise nor any provision of this subchapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city, subject to the rights of a grantee under its franchise and the franchise agreement.
(D) FCC jurisdiction. If the FCC or any other federal or state body or agency now or hereafter exercises any paramount jurisdiction over the subject matter of any franchise granted under this subchapter, then to the extent that such jurisdiction pre-empts or precludes the exercise of like jurisdiction by the city, the jurisdiction of the city shall terminate. However, the city shall thereupon have the right to modify or amend any of the provisions of this subchapter and of the franchise agreement to such reasonable extent as may be necessary to carry out the full intent and purpose of this subchapter.
(E) City’s contract rights. The preemption or preclusion by the state of the exercise by the city of any of its police powers shall not diminish, impair, alter or affect any contractual benefit to the city or the grantee or any contractual obligation of the grantee under any franchise issued under this subchapter. Any and all rights, powers, privileges and authorizations arising under this subchapter or any franchise agreement are each and all declared by the city and any grantee accepting any franchise to be contractual in nature and to be for the benefit of the city.
(F) Rules and regulations. There is reserved to the city the right to impose rules and regulations, reasonably required, in order to better carry out the purpose and intent of this subchapter. Before any such rules and regulations are adopted, the city shall give notice to the grantee and afford the grantee an opportunity to be heard.
(2000 Code, § 5.12.120)