§ 5.28.070 FRANCHISE ACCEPTANCE.
   A.   To accept a Franchise granted under this Ordinance, a Grantee must file any required bonds, proof of insurance and letter of credit as well as written notice of acceptance with the County Administrator within ten (10) days of acceptance.
   B.   Written notice required under Subsection A. shall include a certification that the Grantee:
      1.   Will comply with this Ordinance, any Franchise Agreement made pursuant to this Ordinance, and all applicable Federal, State and local laws and regulations in regard to the construction, operation, and maintenance of a Cable System;
      2.   Accepts the Franchise relying on the power and authority of the County to grant the Franchise and the terms and conditions thereof;
      3.   Acknowledges that it has not been induced to enter into the Franchise by any understanding or promise or by any other statement, whether written or verbal, by or on behalf of the County or by any other third person concerning any term or condition of the Franchise or Ordinance not expressed herein;
      4.   Shall have no recourse whatsoever against the County for any loss, cost, expense or damage arising out of any provision or requirement of this Ordinance and/or Franchise Agreement, if any, or the good faith enforcement thereof, or for the failure of the County to have authority to grant any or all parts of the Franchise; and
      5.   Will not at any time claim in any proceeding involving the County that any condition or term of the Franchise, Ordinance or Franchise Agreement, if any, is unreasonable, arbitrary or void, or that the County had no power or authority to make any such term or condition, but shall accept the validity of the terms and conditions of the Franchise, Ordinance and the Franchise Agreement, if any.
   C.   A Grantee shall, at the time of acceptance, transfer or renewal of the Franchise, pay to the County any and all fees incurred by or charged to the County by any engineer, planner, attorney, economist or other technical or professional expert in assisting the County. The amount of such payment shall be considered as reimbursement for administrative costs incurred in connection with the transfer of the Franchise. A Grantee of a renewed Franchise shall, at the time of acceptance of the Franchise, pay to the County any and all lawful and incidental fees incurred or charged to the County for renewal of the Franchise.
(Ord. O-200203-12-002, passed 3-5-2002)