Nothing contained in this Chapter shall be deemed or construed
to impair or affect, in any way, to any extent, the right of 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 contained in
this Chapter shall be construed to contract away or to modify or abridge,
either for a term or in perpetuity, the City's right of eminent domain.
(Prior code § 63067; added
by Ord. No. 1407CCS, adopted 4/28/87)
There is hereby reserved to City every right and power which
is required to be reserved by the provisions of this Chapter or by
any law of the City, and Grantee, by its acceptance of any franchise,
agrees to be bound thereby and to comply with any action or requirements
of the City in its exercise of such skills or power heretofore or
hereafter enacted or established.
(Prior code § 63068; added
by Ord. No. 1407CCS, adopted 4/28/87)
There is hereby reserved to the City the power to amend any
Section of this Chapter so as to require additional or greater standards
of construction, operation, maintenance, or otherwise on the part
of Grantee.
(Prior code § 63069; added
by Ord. No. 1407CCS, adopted 4/28/87)
Neither the granting of any franchise under the provisions of
this Chapter nor any provision of this Chapter shall constitute a
waiver or bar to the exercise of any governmental right of power of
City.
(Prior code § 63070; added
by Ord. No. 1407CCS, adopted 4/28/87)
The City Council may take such actions as are necessary and
convenient in the exercise of its jurisdiction under the provisions
of this Chapter.
(Prior code § 63071; added
by Ord. No. 1407CCS, adopted 4/28/87)
City shall have the right to inspect all construction or installation
work performed subject to the provisions of the franchise and to make
such tests as it shall find necessary to ensure compliance with the
terms of this franchise and other pertinent provisions of law.
(Prior code § 63072; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall allow City to make inspections of any of Grantee's
facilities and equipment at any time upon reasonable notice, or, in
the case of emergency, upon demand without prior notice.
(Prior code § 63073; added
by Ord. No. 1407CCS, adopted 4/28/87)
City shall have the right of intervention in any suit or proceeding
to which Grantee is party, and Grantee shall not oppose such intervention
by City.
(Prior code § 63074; added
by Ord. No. 1407CCS, adopted 4/28/87)