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(a) Without limitation upon the rights which the city might otherwise have, the city does hereby expressly reserve the following rights, powers and authorities:
(1) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the city.
(2) To determine any question of fact relating to the meaning, terms, obligations or other aspects of this chapter and the license or franchise agreement.
(3) To grant multiple nonexclusive licenses or franchises within the city to other persons for the operation of systems pursuant to this chapter.
(4) To inspect and supervise all construction or installation work performed by the licensee or franchisee.
(b) The city hereby expressly reserves the right to amend any section or part of this chapter for any reason determined to be desirable or necessary by the mayor and council in the exercise of its legislative powers, including, but not limited to, new developments in the state of the technology of the communications industry and changes in federal or state laws, rules or regulations, provided that any such amendments are reasonable. Such amendments shall be adopted only after a public hearing where the licensee or franchisee shall have received written notice at least thirty (30) days prior to the hearing and is provided an opportunity to be heard.
(c) Nothing in this chapter shall be deemed or construed to impair or affect the right of the city to exercise its power of eminent domain to acquire the property of the licensee or franchisee at a fair and just value, which shall not include any amount for the license or franchise itself or any privilege thereunder.
(d) The city reserves the right, during the term of the license or franchise agreement, to install and utilize, upon the pole attachments and conduits of the licensee or franchisee, any wire or pole fixtures required for municipal purposes, without cost to the city so long as such installation and utilization does not interfere with the operation of the system. If such utilization causes the utility to whom the licensee's or franchisee's equipment is attached to incur costs or expenses, the licensee or franchisee shall bear all such costs actually incurred by such utility.
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 11, 7-10-95)