(A) Agreement required. No franchise shall be granted under this chapter unless the applicant and the city have executed a franchise agreement which shall set forth the terms and provisions of the franchise.
(B) Contents. Each franchise agreement shall contain the following express representations by the grantee:
(1) The grantee has carefully read the terms and conditions of this chapter and the franchise agreement and accepts all of the terms and conditions and agrees to abide by the same;
(2) The grantee acknowledges that it has carefully read the terms and conditions of this chapter and expressly waives any claim that any provision of this chapter is unreasonable, arbitrary or void, except as to those provisions which are pre-empted now or hereafter by superseding provisions of federal or state law, in accordance with § 116.023(D);
(3) The grantee 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 chapter or of the franchise agreement not expressed therein; and
(4) The grantee represents that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the franchise.
(C) Additional conditions or provisions.
(1) In addition to those matters required to be included in the franchise agreement by virtue of this chapter, the franchise agreement shall contain such further conditions or provisions as may be included in the grantee’s proposal and/or negotiated between the city and the grantee, except that no condition or provision shall conflict with any provision of this chapter or other law.
(2) In case of such a conflict, or in case of any ambiguity between any terms or provisions of the franchise agreement and this chapter, the words of this chapter shall control.
(2000 Code, § 5.12.210)