§ 71-47. Limit on grantee's recourse.

(a)

To the extent provided in state and federal law, a grantee shall have no recourse against the city for any loss, expense or damage resulting from the terms and conditions of this chapter or any franchise agreement because of the city's enforcement thereof nor for the city's failure to have the authority to grant the franchise. The grantee expressly agrees that upon the grantee's acceptance of a franchise the grantee does so relying upon the grantee's own investigation and understanding of the power and authority of the city to grant the franchise.

(b)

A grantee, by accepting a franchise, acknowledges that the grantee has not been induced to accept the franchise by any promise verbal or written, by or on behalf of the city or by any third person regarding the franchise not expressed therein. A grantee by accepting a franchise further acknowledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the cable television franchise.

(c)

A grantee further acknowledges by acceptance of a franchise that the grantee has carefully read the terms and conditions of this chapter and any franchise agreement and accepts without reservation the obligations imposed by the terms and conditions in this chapter and in any franchise agreement.

(d)

The decision of the city commission concerning grantee selection and awarding of a franchise shall be final, subject to any challenge to or appeal of such decision in a court of competent jurisdiction, which challenge or appeal is permitted by applicable law.

(e)

A grantee shall not apply for any waivers, exceptions or declaratory rulings from the Federal Communications Commission or any other federal or state regulatory agency with respect to the terms and conditions of its franchise without contemporaneous written notice to the city.

(Ord. No. 02-03, Art. II(17), 2-28-02)