1. Right of Amendment Reserved to City. The City may from time to time add to, modify, or delete provisions of this chapter as it shall deem necessary in the exercise of its lawful police powers and as may be mutually agreed to by the City and Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing.
2. No Impairment of City’s Rights. Nothing herein shall be deemed or construed to impair or affect in any way to any extent any right of the City pursuant to Iowa law.
3. Grantee Agrees to City’s Rights. The City reserves every right and power which is required to be reserved or provided by an 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 powers which have been or will be enacted or established subject to the provisions of subsection 1 of this section.
4. Police Powers of the City. Neither the granting of any franchise nor any provision governing the franchise shall constitute a waiver of any lawful governmental right or power of the City.
5. City Transfer of Functions. Any administrative right or power in or administrative duty imposed upon any elected official of the City shall be subject to transfer by the City to any other elected official, officer, employee, department or board.
6. City Right of Inspection. The City reserves the right, during the life of any franchise granted hereunder, to inspect and oversee all construction or installation work performed in the public right-of-way.
7. City Right of Network Installation. The City reserves the right during the life of any franchise granted hereunder to install and maintain for a reasonable charge upon or in the poles and conduits of the Grantee and pole fixtures necessary for municipal networks on the condition that such installation and maintenance thereof does not interfere with the operation of the Grantee. The Grantee agrees that such compensation or charge shall not exceed those paid by it to public utilities pursuant to the applicable pole attachment agreement or other authorization relating to the service area and such use shall be non-commercial and may not be supplied for any municipal use directly competing with the Grantee.
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