(A) Franchise acceptance, procedures. Any franchise awarded under this chapter 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 § 114.136 of this chapter; 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) Recourse of grantee. 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 that are performed outside the regulatory or franchise awarding authority under this chapter.
(C) Acceptance of power and authority of grantor. The grantee expressly acknowledges that, in accepting any franchise awarded under this chapter, 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 under this chapter, 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.
(E) Grantee accepts terms of franchise. The grantee acknowledges by the acceptance of the franchise and the terms in the franchise and in this chapter that it has carefully read such terms and conditions and it is willing to and does accept all other obligations of such terms and conditions and further agrees that it will not claim that any provision of this chapter as adopted, or any franchise granted under this chapter, is unreasonable or arbitrary.
(F) Incorporation of proposals. The grantee, by the acceptance of any franchise awarded under this chapter, agrees that the matters contained in the grantee’s application for the franchise and as stated in oral presentations, except as inconsistent with the Federal Communications Commission rules and regulations, law or ordinance, shall be incorporated into the franchise as though set out verbatim.
(G) Forfeiture of proposal bond. If the grantee fails to comply with this section, it shall acquire to rights, privileges or authority under this chapter whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the grantor as liquidated damages.
(2013 Code, § 8-2.6) (Ord. 14586, passed 4-13-1998)