§ 70-171. Acceptance of franchise.

(a)

The grantee expressly agrees that upon its acceptance of the franchise it does so relying on its own investigation and understanding of the power and authority of the city to grant the franchise. The grantee, by accepting the franchise, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the city or by a third person regarding the franchise nor expressed therein. The grantee further pledges that no promise or inducement, verbal or written, has been made by any city employee or official regarding receipt of the franchise.

(b)

The operation, or continued operation, in the city's rights-of-way of a telecommunications system for at least 120 days after the effective date of this article [Aug. 12, 1999], even without written acknowledgment by the grantee, shall constitute acceptance by a grantee of a franchise issued pursuant to the provisions of this article.

(Ord. No. 99-46, § 1, 8-12-99)