§ 114.10 LIMITATIONS OF FRANCHISE.
   (A)   Every franchise granted under this chapter shall be nonexclusive. 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 qualified person, firm, or corporation, within all or any portion of the city.
   (B)   No privilege or exemption is granted or conferred by any franchise granted under this chapter except those specifically described in this chapter or in its franchise.
   (C)   Any privilege claimed under any such franchise by a grantee to occupy a portion of any street shall be subordinate to the use thereof by the city or any person authorized by the city to the street.
   (D)   Time shall be of the essence as to any franchise granted hereunder. A grantee shall not be relieved of its obligation to comply promptly with any of the provisions of this chapter or the franchise by any failure of the city to enforce prompt compliance.
   (E)   Any right or power in, or duty impressed upon, any officer, employee, department, or board of the city shall be subject to transfer by the city to any other officer, employee, department, or city board.
   (F)   Any such franchise granted hereunder shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others who maintain utilities in the streets.
   (G)   No grantee shall have any recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any franchise issued hereunder or because of enforcement by the city of the provisions thereof.
   (H)   Each grantee shall be subject to all requirements of city laws, rules, regulations, and specifications heretofore, or hereafter enacted or established.
('83 Code, § 5.24.100) (Ord. 912, passed - -85)