CHAPTER 8A. CABLE COMMUNICATIONS SYSTEM.
Sec. 8A.260. Rights reserved to the city.
(a) There is reserved to the city every right and power which is required
to be herein reserved or provided by any law and grantee, by its acceptance of
the franchise, agrees to be bound thereby and to comply with any action or
requirements of the city in its exercise of such rights or powers, heretofore or
hereafter enacted or established.
(b) Nothing herein shall be deemed or
construed to impair, enhance or affect, in any way, to any extent, the right of
the city to acquire the property of grantee, either by purchase or through the
exercise of the right of eminent domain, at a fair and just value, which shall
not include any amount for the franchise itself or for any of the rights or
privileges granted, and nothing herein contained 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.
(c) Neither the granting of any franchise nor any
provision hereon shall constitute a waiver or bar to the exercise of any
governmental right or power to the city.
(d) In the event that the Federal
Communications Commission elects to deregulate any area of cable communication
over which it currently exercises jurisdiction, or grant authority to
municipalities to regulate in these areas, any franchise issued pursuant to this
chapter shall be automatically amended, without any additional act by any party
to it, to reflect such deregulation or grant of municipal regulatory powers, and
the city may, if it so elects, adopt rules and regulations in those
(e) The council may do all things which are necessary and convenient
in the exercise of its jurisdiction under this chapter. The city manager, with
the approval of the city attorney, is authorized and empowered to adjust, settle
or compromise any controversy or charge arising from the operations of any
grantee under this chapter, on behalf of the city, in the best interest of the
public. Either grantee or any member of the public who may be dissatisfied with
the decision of the city manager may appeal the matter to the council for
hearing and determination. The council may accept, reject or modify the decision
of the city manager, and the council may, on behalf of the city, adjust, settle
or compromise any controversy or cancel any charge arising from the operations
of grantee or from any provisions of this chapter. (Ord. No. 1097, § 1