§ 111.05 ADDITIONAL CITY RIGHTS IN FRANCHISE.
   (A)   The city may from time to time add to, modify, or delete provisions of this chapter as it deems necessary in the exercise of its regulatory powers, provided that additions or revisions are reasonable and do not place an undue financial burden on the grantee. Additions or revisions shall be made only after a public hearing for which the grantee has received written notice at least 30 days prior to the hearing.
   (B)   For this provision REASONABLE NOTICE means at least 30 days, except in the case of emergencies where no specific notice period shall be required. The city reserves the right upon "reasonable notice" to require the grantee, at his or her expense, to protect, support, temporarily disconnect, relocate, or remove from the city's streets any property of the grantee by reason of traffic conditions, public safety, street construction or vacation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communications lines, tracks or other types of structure or improvements by governmental agencies or any other structures of public improvement.
   (C)   In the event of the failure by the grantee to complete any work required by division (B) or any other work required by city law or ordinance within the time established and to the satisfaction of the city, the city may cause the work to be done and the grantee shall reimburse the city the cost thereof within 30 days after receipt of an itemized list of the cost.
   (D)   The city reserves the right, in the event of an emergency or disaster, to require the grantee to make available to the Mayor or his or her appointee of the city, at his or her request, the grantee's facilities at no cost for emergency use during the emergency or disaster period.
   (E)   The city reserves the right during the life of any franchise granted hereunder to have access at all reasonable hours to the grantee's plans, contracts, and engineering, accounting, financial, statistical, customer, and service records relating to the property and the operations of the grantee and to all other records required to be kept hereunder.
   (F)   The city reserves the right, during the life of any franchise granted hereunder, to install and maintain free of charge, upon the poles and conduits of or used by the grantee, any wire and pole fixtures necessary for municipal networks such as police and fire, on the condition that the installations and maintenance thereof do not interfere with the operations of the grantee.
   (G)   The city reserves the right during the life of any franchise granted hereunder to inspect and supervise all construction or installation work performed subject to the provisions of this chapter to insure compliance with the terms of the chapter.
   (H)   Nothing in this chapter shall in any way or to any extent be construed to waive, modify, or abridge the city's right to eminent domain in respect to the grantee.
   (I)   Any right, or power in, or duty impressed upon any officer, employee, department, or board of the city shall be subject to transfer by Council or by law to any other officer, employee, department, or board of the city. The city reserves all rights not specifically granted herein.
(1981 Code, § 111.05) (Ord. 5055-73, passed 5-14-1973)