(A) Franchise acceptance, procedures. Any initial franchise awarded hereunder or franchise renewal and the rights, privileges and authority granted thereby shall take effect and be in force from and after the award thereof, provided that the grantee shall file with the grantor the following:
(1) A statement by the grantee of the unconditional acceptance of the franchise;
(2) A certificate of insurance as set forth in § 120.141; and
(3) Reimbursement to the grantor for the costs of publication of the franchise ordinance and the holding of the election connected therewith, if required by law.
(B) Grantee to have no recourse. In accordance with § 635A of the Cable Act, being 47 U.S.C. §§ 521 et seq., the grantee shall have no monetary recourse whatsoever against the grantor for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its regulation. This shall not include negligent acts of the grantor, its agents or employees which are performed outside the regulatory or franchise awarding authority hereunder.
(C) Acceptance of power and authority of grantor. The grantee expressly acknowledges that in accepting any franchise awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the grantor to grant this franchise.
(D) Inducements not offered. The grantee, by acceptance of any franchise awarded hereunder, acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or in behalf of the grantor concerning any term or condition of this franchise that is not included in this chapter and franchise agreement.
(E) Grantee accepts terms of franchise. The grantee acknowledges by the acceptance of the franchise and the terms herein and in this chapter that it has carefully read the terms and conditions and it is willing to and does accept all other obligations of the terms and conditions and further agrees that it will not claim that any provision of this chapter as adopted, or any franchise granted hereunder, is unreasonable or arbitrary.
(Ord. 2314, passed 1-25-2006)