Sec. 711.320. - Acceptance of franchise.

(a) The grantee expressly agrees that upon its acceptance of the franchise it does so relying upon 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 any third person regarding the franchise not expressed therein. The grantee further pledges that no promise or inducement, verbal or written, has been made to any City employee or official regarding receipt of the franchise. (b) The occupation, or continued occupation, of the City's rights-of-way for the operation of a system for at least 120 days after the effective date of this Chapter, even without written acknowledgment by the grantee, shall constitute acceptance by a grantee of a franchise issued pursuant to the provisions of this Chapter. However, the Director is authorized to initiate action to secure the removal from City rights-of-way of facilities not covered by a written acknowledgment should such action be deemed by the Director to be in the City's best interest. (Ord. 2001-427-E, § 2)