(A) The grantee by his or her acceptance of any franchise awarded hereunder does agree that he or she 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. If such a claim is set up against the city, the city may revoke the franchise.
(B) The grantee by his or her acceptance of any franchise awarded hereunder does agree that the franchise is in lieu of any and all the rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee in or pertaining to the installation and operation of a broadband telecommunications network or similar system in the incorporated limits of the city and the acceptance of the franchise shall also constitute an abandonment by the grantee of any and all rights, privileges, powers, immunities, or authorities within the city, to the effect that, as between the grantee and city, and all construction, operation, and maintenance by the grantee of the network in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.
(1981 Code, § 111.28) (Ord. 5055-73, passed 5-14-1973)