O-1980-1175 cable TV franchise (2 readings)

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Ordinance No. 1175, Page 29. • under such conditions as may therein be prescribed. No assignment to any person shall be effective until the assignee has filed with the City Clerk an instrument, duly executed, reciting the fact of such assignment, accepting the terms of this franchise, and agreeing to comply with all of the provisions hereof. Section •31. VALUATION. This franchise is granted subject to the lawful provi- sions of Article XI, Section 114, of the City Charter, which provi- sions are made a part hereof and incorporated herein by reference. • If city -should elect to exercise its rights under such Charter • 0 provisions, payment of a fair valuation, which shall be the then current fair market value, shall be required. Should the parties fail to agree upon the then current fair market value, the same shall be determined in an appropriate proceeding filed in any court having jurisdiction. Section 32. PUBLICATION COST In compliance with the provisions of Article XI, Section 109 of the City Charter, Grantee shall pay the cost of those publications of this franchise required by such Charter provisions. Section 33. GRANTEE TO HAVE NO RECOURSE. A. Requirements and Enforcement. Except as expressly provided herein, Grantee shall have no recourse whatsoever against City for any loss, cost, expense or damage arising out of the provisions or requirements of this franchise or because of the enforcement thereof by City or because of the lack of City's authority to grant all or any part of this franchise. B. Grantee's Understanding. Grantee expressly acknowledges that in accepting this franchise, it relied solely upon its own investigation and understanding of the power and authority of