§ 114.12. Rights reserved to the city.

The rights reserved in this section are in addition to other rights heretofore expressly reserved.

(1)

Right to purchase. Upon expiration and nonrenewal of the term of any license granted hereunder the city shall have the option to purchase and acquire all or such part of the cable communications system operating within the incorporated areas of the city as it may desire, at fair market value as a going concern, but with no value allocated to the franchise itself. In the event the city and licensee are unable to agree as to the fair market value (with no value allocated to the franchise itself) the parties shall submit the matter to binding arbitration by a panel of three arbitrators, one each selected by the parties and the third selected by those two arbitrators. The decision of the arbitrators shall be binding on the parties as to the value of the system.

(2)

Right of inspection of records. The city shall have the right to inspect all of the records of licensee kept and maintained as required by this chapter, and such other books, records, maps, documents and materials of licensee relating to its operations in the city as the city shall deem necessary in administering the provisions of this chapter following 14 business days advance notice to licensee. Such inspections shall be during normal business hours at the offices of licensee and shall be subject to subscriber privacy rights under the Communications Act.

(3)

City cable systems. To the full extent permitted by law, the city may acquire, construct, own, and/or operate a cable system.

(4)

Additional regulations, police power.

a.

Police powers. In accepting a license, the licensee acknowledges that its rights hereunder are subject to the police power of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances enacted by the city pursuant to such power.

b.

The city may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any questions of fact which may arise during the existence of any license granted hereunder. The city is hereby authorized and empowered to prescribed rules and regulations and to adjust, settle, or compromise any controversy or charge arising from the operations of any license under this chapter, either on behalf of the city, the licensee or any subscriber, in the best interest of the public. Upon request of the city, the licensee shall make or provide, or allow and bear the expense of making or providing any tests, investigations or reports necessary to establish, to the satisfaction of the city, compliance with all terms and conditions of this chapter.

c.

If at any time during the period of a franchise granted hereunder, the city shall lawfully elect to alter or change the grade of any street, easement, swale, sidewalk, alley or other public way, or to relocate or install additional paving or utilities, licensee, upon reasonable notice by the city, shall protect, support, temporarily disconnect, remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

(Ord. No. 00-24, § 12, 4-10-00)