Any franchise granted hereunder, together with the rights, privileges and authority granted thereby, shall take effect and be in force from and after the effective date of an ordinance awarding a franchise hereunder provided that within ten days after the granting of a franchise the franchisee shall:
(A) Obtain, pay all premiums for and file with the County Judge-Executive executed duplicate copies and receipts evidencing the payment of premiums for the general comprehensive public liability insurance policy indemnifying, defending and saving harmless the county, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of any injury or death of a person or persons or property occasioned by the operation of a grantee under franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $500,000 per personal injury or death of any one person and $1,000,000 for personal injury or death to two or more persons in any one occurrence; and $250,000 for property damage to any one person and $500,000 for property damage to two or more persons in any one occurrence;
(B) Copyright infringement insurance indemnifying, defending and saving the county, its officers, boards, commissions, agents and employees harmless from and against all claims of any person whatsoever for copyright infringement occasioned by the operation of the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $1,000,000 for the infringement of the copyrights;
(C) Insurance as provided for in this section shall be kept in full force and effect by the franchisee during the existence of and until after the removal of all poles, wire, cables, underground conduits, manholes and other conductors and fixtures incidental to the maintenance and operation of the CATV system as defined in the franchise;
(D) All of the foregoing insurance contracts shall be in a form satisfactory to the County Attorney and shall be issued and maintained by companies authorized to do business in the state and acceptable to the County Attorney and they shall require 30 days’ written notice of any cancellation to both the county and the franchisee herein, and a copy of the policy shall be filed in the office of the County Court Clerk;
(E) Reimburse the county for the costs of publication of this chapter and the ordinance awarding the franchise;
(F) Advise the Fiscal Court in writing of the franchisee’s location and its address for mail and official notifications from the Fiscal Court;
(G) Pay to the county in advance a franchise fee of $5,000 to be credited against the sums due under § 113.08;
(H) In the event the franchisee fails to complete all of the above described items in full within the time specified, then it shall be conclusively considered that the franchisee has abandoned its application and rights to the grant and award of the franchise, and any rights the franchisee may have acquired under the ordinance shall immediately terminate, and the franchisee shall have no right, privilege or authority whatsoever under this chapter;
(I) The franchisee shall have no recourse whatsoever against the county for or on account of any loss, costs, expense or damage arising out of any provisions or requirements of this chapter, and/or the ordinance awarding the franchise or any amendments thereto or rules or regulations thereunder; and
(J) The franchisee, by acceptance of any franchise awarded hereunder, acknowledges that it has relied upon its own investigation and understanding the power and authority of the Fiscal Court to grant the franchise and further acknowledges it has thoroughly examined and is familiar with the terms and conditions of this chapter, the ordinance awarding the franchise and any other contracts and documents entered into by the franchisee relative to the franchise.
(Ord. 400.450.1, passed 10-17-1980)