(A) Reservation. There is hereby reserved to the grantor every right it may have in relation to its power to eminent domain over the grantee’s franchise and property.
(B) Nonwaiver or bar. Neither the granting of any franchise, nor any provisions hereof, shall constitute a waiver or bar to the exercise of any governmental right or power by the grantor.
(C) Delegation of powers. Any right or power in, or duty retained by or imposed upon the grantor, or any commission, officer, employee, department or board of the grantor, may be assigned or transferred by the grantor to any officer, employee, department or board of the grantor.
(D) Right of inspection of construction. The grantor shall have the right to inspect all construction or installation or other physical work performed by the grantee in connection with the franchise, and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions of law, so long as said inspection and testing does not unreasonably interfere with the grantee’s operations.
(E) Right to require removal of property. Consistent with applicable law, at the expiration of the term or any renewal term or extension for which the franchise is granted, or upon its lawful revocation, expiration or termination, the grantor shall have the right to require the grantee to remove, at the grantee’s expense, all portions of its system and any other property from all streets and public ways within the franchise area within a reasonable period of time.
(F) Right of intervention. The grantor shall have the right of intervention in any suit, proceeding or other judicial or administrative proceeding in which the grantor has any material interest, to which the grantee is party.
(G) Place of inspection. The grantor shall have the right to inspect all relevant information that is reasonably necessary for the exercise of the grantor’s regulatory authority upon reasonable notice on the grantee’s local premises at any time during normal business hours, and any grantee records kept at another place shall, within ten days of the grantor’s request, be made available for the grantor’s inspection, so long as said inspection does not unreasonably interfere with the grantee’s operations.
(2009 Code, § 8-1-4) (Ord. 93-5, passed 4-11-1993)