(a) The grantee by his acceptance of any franchise awarded hereunder does agree that he will not at any future time set up as against the City the claim that any provision of this chapter, and any franchise granted hereunder, is unreasonable, arbitrary, invalid or void.
(b) The grantee by his acceptance of any franchise awarded hereunder does agree that such franchise is in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exerciseable by the grantee in or pertaining to the installation and operation of a broadband telecommunications network or similar system in the corporate limits of the City and the acceptance of such franchise shall also constitute an abandonment by the grantee of any and all such rights, privileges, powers immunities or authorities within the City, to the effect that, as between the grantee and the City, and all construction, operation and maintenance by the grantee of any network in the City shall be, and shall be deemed and construed in all instances and respects to be under and pursuant to such franchise and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Ord. 29-1972. Passed 3-5-73.)