ARTICLE IX. GENERAL PROVISIONS (4-280-390 et seq.)

4-280-390 Limits on grantee's recourse.

   A.   Except as expressly provided in this chapter and the franchise, a grantee shall have no recourse against the city for any loss, expense or damage resulting from the terms and conditions of this chapter or the franchise or because of the city's enforcement thereof nor for the city's failure to have the authority to grant the franchise. A grantee shall expressly agree in its acceptance of the franchise that it does so relying upon its own investigation and understanding of the power and authority of the city to grant said franchise.

   B.   A grantee, in accepting a franchise, shall expressly acknowledge that it has not been induced to accept the same by any promise, verbal or written, by or on behalf of the city or by any third person regarding any term or condition of this chapter or the franchise not expressed therein. A grantee shall further pledge that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the cable television franchise.

   C.   A grantee shall further acknowledge in its acceptance of a franchise that it has carefully read the terms and conditions of this chapter and the franchise and accepts without reservation the obligations imposed by the terms and conditions herein.

   D.   The decision of the council, concerning grantee selection and awarding of the franchise shall be final.

   E.   A grantee shall not apply for any waivers, exceptions, or declaratory rulings from the FCC or any other federal or state regulatory agency without prior written notice to the city.

(Prior code § 113.1-47; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-390 as § 4-280-350, and renumbered this section, which was formerly § 4-280-470, as § 4-280-390.

4-280-400 Compliance with state and federal law.

   A.   A grantee shall, at all times, comply with all laws of the state and federal government and the rules and regulations of any federal or state administrative agency.

(Prior code § 113.1-48; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-400 as § 4-280-360, and renumbered this section, which was formerly § 4-280-480, as § 4-280-400.

4-280-410 Special license.

   A.   The city reserves the right to issue a license, easement or other permit to anyone other than a grantee to permit that person to traverse any portion of a grantee's franchise area within the city in order to provide service outside the city. Such license or easement, absent a grant of a franchise in accordance with this chapter, shall not authorize nor permit said person to provide a cable service of any nature to any home or place of business within the city, nor to render any service or connect any subscriber within the city to a grantee's cable system.

(Prior code § 113.1-49; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-410 as § 4-280-370, and renumbered this section, which was formerly § 4-280-490, as § 4-280-410.

4-280-420 Franchise validity.

   A.   A grantee shall agree, in its acceptance of the franchise, to accept the validity of the terms and conditions of this chapter and the franchise in their entirety and that it will not, at any time, proceed against the city in any claim or proceeding challenging any term or provision of this chapter or the franchise as unreasonable, arbitrary or void, or that the city did not have the authority to impose such term or condition.

(Prior code § 113.1-50; Amend Coun. J. 2-15-84, p. 5159; 12-9-92, p. 25465; Amend Coun. J. 4-24-12, p. 23998, § 1)

Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-420 as § 4-280-380, and renumbered this section, which was formerly § 4-280-500, as § 4-280-420.