(A) In addition to those matters required to be included in the franchise, agreement by virtue of this subchapter, the franchise agreement shall contain such further conditions or provisions as may be included in the company’s proposal and/or negotiated between the city and the company, except that no such conditions or provisions shall be such as to conflict with any provisions of this subchapter or other applicable law.
(B) Each franchise agreement shall also contain the following express representation by the company:
(1) The company has carefully read the terms and conditions of this subchapter and the franchise agreement and accepts all of such terms and conditions and agrees to abide by the same;
(2) The company acknowledges that it has carefully read the terms and conditions of this subchapter and expressly waives any claims that any provisions thereof are unreasonable or arbitrary or void, except as to those provisions which are pre-empted now or hereafter by superseding provisions of federal or state law;
(3) The company acknowledges that it has not been induced to accept the franchise by any promise, oral or written, by or on behalf of the city or by any third person, regarding any term or condition of this subchapter or the franchise agreement not expressed therein; and
(4) The company represents that no promise or inducement, oral or written, has been made to any city employee, agent or official regarding receipt of the franchise.
(Prior Code, § 122.050) (Ord. 2001-377, passed 11-13-2001)