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The following rights are specifically reserved to the City and are not deemed to be waived by any franchise issued under this chapter:

A. Nothing in this chapter shall be deemed or construed to impair or affect in any way, to any extent, the right of the City to acquire the property of the 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, either for a term or in perpetuity the City’s right of eminent domain.

B. Neither the granting of any franchise under this chapter nor any provision contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the City.

C. Neither the granting of any franchise or any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City heretofore or hereafter enacted or established.

D. The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted under this chapter. The City Manager is authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the City, the grantee, or any subscriber. Either the 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 adjust, settle or compromise any controversy arising from the operation of any grantee or from any provision of this chapter.

E. There is reserved to the City the power to amend any part of this chapter so as to require additional or greater standards of construction, operation or maintenance to conform to then current standards, and the grantee shall thereupon comply with such amendment as the Council shall direct.

F. In connection with the issuance of any franchise under this chapter, the City Council may impose such reasonable restrictions, conditions and limitations as to the area or areas of the City to be served by said franchise holder, operating conditions and cooperative working arrangements relative to local television broadcasting stations serving the City with the best possible television reception. (Ord. 1030 § 2(4), 2018; Ord. 549 § 1 (part), 1976)