§ 71-48. Limitations.

Notwithstanding the grant to use the streets of the city, no street shall be used by a grantee if the city in its sole discretion determines that such use is inconsistent with the terms, conditions, and provisions by which the street was created or dedicated or is being used. Any and all rights expressly granted to a grantee under this chapter or any franchise agreement executed in connection herewith shall be exercised at the grantee's sole cost and expense, and shall be subject to the prior and continuing right of the city under applicable laws to use any and all parts of the streets exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title of record which may affect the rights-of-way. Except as may be expressly provided by state or federal law, nothing in this chapter or in any franchise agreement executed in connection herewith shall be deemed to grant, convey, create or vest in a grantee a real property interest in any land, including any fee, leasehold interest or easement.

(Ord. No. 02-03, Art. II(18), 2-28-02)