Montague Municipal Code Art. VI Rights Reserved to the City

Subject to state and federal law, nothing in this chapter shall be deemed or construed to impair or affect, in any way or to any extent, the right of the city to acquire any real property of the grantee, either by purchase or through the exercise or the right of eminent domain, at fair market value as provided by law. Nothing contained in this chapter 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. 93-03 §7 (part), 1993)

There is reserved to the city every right and power which is required to be reserved in this chapter or provided by any ordinance of the city, 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 or power, heretofore or hereafter enacted or established, except as may limit the grantee's rights under this chapter or grantee's constitutional or other legal rights. In this connection, the city specifically reserves the right to regulate to the extent allowed by law the rates charged by grantee to its subscribers for programming, services and other items. (Ord. 93-03 §7 (part), 1993)

Neither the granting of the franchise as set out in this chapter nor any of the provisions contained in this chapter shall be construed to prevent the city from granting a franchise to any person or entity within all or any portion of the city; provided, however, no franchise shall be granted by the city to any person or entity on terms and conditions that are less stringent or burdensome than those contained in this chapter. (Ord. 93-03 §7 (part), 1993)

The city shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles owned by the grantee, any wire and pole fixtures reasonably necessary for police and fire alarm systems, on the condition that adequate space is available and such wire and pole fixtures do not unreasonably interfere with the operations of the grantee or any other prior user. The city shall assume, indemnify, defend and hold grantee harmless from and against all claims an liability for damages caused or occasioned by the construction and maintenance of such wire, pole fixtures, and police and fire alarm systems. (Ord. 93-03 §7 (part), 1993)