1. No franchise ordinance passed by the city council and approved by a vote of the qualified electors shall become effective for any purpose, unless and until written acceptance thereof shall have been filed with the city clerk, duly executed by the proper officers of the franchisee. Written acceptance, which shall be in the form and substance approved by the city attorney, must contain, in addition to any other matters included, the following express representations by the franchisee that:

        a. It has carefully read the terms and conditions of this chapter and the franchise ordinance and accepts all of the terms and conditions imposed by this chapter and the franchise ordinance and agrees to abide by same; and

        b. It further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this chapter and expressly waives any claims that any provisions hereof are unreasonable, arbitrary or void; and

        c. By accepting the franchise, it acknowledges that it has not been induced to accept the same by any promise, verbal or written, by or on behalf of the city or by any third person regarding any term or condition of this chapter or the franchise agreement not expressed therein. The franchisee further pledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the BTN franchise.

    2. The written acceptance shall be filed by the franchisee not later than 12:01 p.m. of the thirtieth day next following the franchise election granting such franchise. In default of the filing of such written acceptance as required in this chapter, the franchisee shall be deemed to have rejected and repudiated the franchise and shall be deemed to have forfeited the franchisee's proposal bond or certified check in lieu thereof. Thereafter, the acceptance of the franchisee shall not be received by the city clerk. The franchisee shall have no rights, remedies or redress unless and until the council, by resolution, shall determine that such acceptance be received, and then upon such terms and conditions as the council may impose.

    3. In addition to the written acceptance and within the same thirty-day period, the grantee shall:

        a. File a certificate of insurance as provided in this chapter; and

        b. File a performance bond as provided in this chapter unless such bond requirement has been waived by the council; and

        c. Advise the city in writing of the franchisee's address for mail and official notifications from the city; and

        d. Provide information necessary to establish that the franchise election and adjusted costs have been paid; and

        e. Reimburse the city for its franchising expense in an amount as determined by the city. This amount, however, shall be reasonable and based on direct costs incurred by the city, but in the event not to exceed ten thousand dollars.  (Ord. S-35454, 1978)