Ione Municipal Code Art. VI Rights Reserved to City

Subject to state and federal law, nothing herein shall be deemed or constructed to impair or affect, in any way or 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 fair market value as provided by law. 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.

(Ord. 320 §7.1, 1991)

There is reserved to the city every right and power which is required to be herein reserved or provided by any ordinance of the city, and the 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 rights or power, heretofore or hereafter enacted or established, except as may limit the grantee's contractual rights under this chapter and the franchise agreement or grantee's constitutional rights.

(Ord. 320 §7.2, 1991)

Neither the granting of any franchise hereunder nor any of the provisions contained herein shall be construed to prevent the city from granting any identical or similar franchise to any other person or entity within all or any portion of the city.

(Ord. 320 §7.3, 1991)

The city may amend any section or part of this chapter so as to require additional or greater standards of construction, operation, maintenance or otherwise, on the part of the grantee, provided such standards are equally imposed on all grantees.

(Ord. 320 §7.4, 1991)

Neither the granting of any franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

(Ord. 320 §7.5, 1991)

The city shall have the right, during the life of any franchise, to install and maintain free of charge upon the poles of the grantee in the public right-of-way any wire and pole fixtures necessary for police and fire alarm systems, on the condition that such wire and pole fixtures do not interfere with the operations of the grantee. The city shall assume, indemnify, defend and hold grantee harmless from and against all claims and liability for damages caused or occasioned by the construction and maintenance of such police and fire alarm systems.

(Ord. 320 §7.6, 1991)