(a) A grantee may, from time to time, implement new services and developments, provided that they comply with all Federal, State and local laws.
(b) In addition to those matters required in a franchise, the grantees shall make the following express acknowledgments:
(1) That the City has the right to make reasonable amendments to this chapter which do not materially increase any financial, economic or performance burden to the detriment of a grantee during the term of the license or franchise upon ninety days' notice to the grantee, or without notice with respect to an emergency amendment. It further recognizes and agrees that the City shall in no way be bound to renew or extend the license or franchise at the end of any license or franchise term and that it may be deemed a mere licensee.
(2) That a grantee shall have no recourse whatsoever against the City for any loss, expense or damage arising out of the failure of the City to have the authority to grant all or any part of a license or franchise. A grantee expressly acknowledges that on accepting a license or franchise, it does so relying on its own investigation and understanding of the power and authority of the City.
(3) By acceptance of a license or franchise, a grantee acknowledges that it has not been induced to enter into a license or franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City or by any other third person concerning any term or condition of a license or franchise not expressed in this chapter.
(4) A grantee further acknowledges by the acceptance of a license or franchise that it has carefully read its terms and conditions, and does accept all of the risks of the meaning of such terms and conditions.
However, if any such State or Federal law or regulation shall require a grantee to perform any service, or shall allow a grantee to perform any service, in conflict with the terms of the license or franchise or of any law or regulation of the City, then as soon as possible, a grantee shall notify the City of the point of conflict believed to exist between such regulation or law and the laws and regulations of the City or the license and franchise. Notwithstanding such conflict, the grantee shall comply with the terms of the license franchise unless released by the City.
(c) If any provision of a license or franchise is held by any court of competent jurisdiction to be invalid as conflicting with any Federal or State law, rule or regulation now or hereafter in effect, or is held by such court to be modified in any way in order to conform to the requirements of any law, rule or regulation, said provision may be considered a separate, distinct and independent part of the license or franchise, and such holding shall not affect the validity and enforceability of all other provisions herein if the City so determines. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which has been held invalid or modified is no longer in conflict with the law, rules or regulations, said provision shall return to full force and effect and shall be binding on the parties.
(d) If the parties determine that a material provision of a license or franchise is affected by action of a court or of the State or Federal government, the parties shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of the license and franchise.
(Ord. 99-07. Passed 3-2-99.)