A. There is reserved to the city every right and power which is required to be herein reserved or provided by any law, and the 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 and powers, heretofore or hereafter enacted or established.
B. 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. Unless the grantee and the grantor otherwise agree, the value of the CATV system shall be the aggregate of the replacement value of tangible assets and the going-concern value of the franchised CATV system; provided, however, that if the grantee shall be materially in default in the performance of its obligations under such franchise and has not cured such default in accordance with the provisions of the agreement, then the grantor shall have the right to take possession of the CATV system and acquire ownership thereof by paying the grantee the replacement value of the tangible assets in use at the time of such acquisition, but without having any obligation to pay the grantee the going-concern value of the system. Nothing herein contained shall be construed to contract away, 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 of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.
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, 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, either on behalf of the city, the grantee, or any subscriber, in the best interest of the public. 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 or cancel any charge arising from the operations of the grantee or from any provision of this chapter.
E. The franchise granted to the grantee shall be subject to such additional rules and regulations as the city may from time to time adopt consistent with the limitations of federal or state law. In the event that the Federal Communications commission elects to deregulate any area of cable communications over which it currently exercises jurisdiction, or to grant authority to municipalities to regulate in these areas, the city may, if it so elects, adopt additional rules and regulations. No such additional rules and regulations shall become effective without the grantee having been given notice and an opportunity to be heard concerning such rules and regulations as provided in Section 5.32.110(A)(3). In such event any franchise issued pursuant to this chapter shall automatically be amended, without any additional act by any party to it, to be consistent with such rules and regulations. (Prior code § 7-10)