Ordinances-1988-149

SECTION 43. Filing of Communications with Regulatory Agencies. The Grantee shall file with the City copies of all petitions, applications, and communications submitted by the Grantee to any regulatory agency having jurisdiction over the Grantee. SECTION 44. Discrimination Prohibited. The Grantee shall not grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage with respect to rates, charges, services, service facilities, rules, regulations, or in any other respect. SECTION 45. Arbitration. Any controversy between the City and the Grantee regarding the rights, duties or liabilities of either party under the franchise shall be settled by arbitration. This section shall not apply to termination proceedings under Section 10. Such arbitration shall be before three (3) disinterested arbitrators, one (1) named by the City, one (1) named by the Grantee, and one (1) named by the two (2) chosen. The decision of the arbitrators shall be conclusive and shall be enforced in accordance with the laws of the State of Iowa. SECTION 46. Reservations. The right is reserved to the City Council or its successor or equivalent to adopt; in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power. SECTION 47. Publication. The City Clerk is hereby authorized and directed to cause publication of this ordinance to be made as provided by the Code of Iowa. SECTION 48. Repealer. That all ordinances in conflict herewith are hereby repealed. SECTION 49. Severability. If any section, provision, or part of this ordinance shall be adjudged to be unconstitutional, illegal, invalid, it shall not