§ 10-36. Rights reserved to the city.

(a)

In addition to any rights specifically reserved to the city under the franchise, grantor reserves to itself every right and power which is required to be reserved any provision of any law or regulation.

(b)

The city shall have the right to waive any provision of the franchise or any obligation or requirement of the grantee set forth in this article or the agreement. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise.

(c)

Nothing in this article shall grant to grantee any right of property in city-owned property, nor shall grantee be compelled to maintain any of its property any longer than or in any fashion other than in the city's judgment its own business or needs may require.

(d)

Any franchise granted hereunder shall be subject to all applicable provisions of other city ordinances of general applicability made pursuant to the police power of the city, the city charter, and any amendments thereto, whether made prior to or after the inception of the franchise.

(e)

Any franchise granted hereunder shall be subject to additional rights of the city:

(1)

To establish reasonable standards of service and quality of programming and products and to prevent unjust discrimination in service or rates.

(2)

To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof.

(3)

To inspect all construction or installation work performed subject to the provisions of the franchise and applicable ordinances and codes, and make such inspections as it shall find necessary to ensure compliance with the terms of the franchise.

(Ord. No. 80-512, § 1, 6-24-97)