AN ORDINANCE GRANTING PEOPLES TELECOMMUNICATIONS, L.L.C. A FRANCHISE TO USE THE STREETS, A VENUES, BOULEY ARDS, ALLEYS, AND OTHER PUBLIC PLACES IN THE CITY OF LA CYGNE, COUNTY OF LINN, STATE OF KANSAS, TO CONDUCT THE BUSINESS OF CONSTRUCTING, INSTALLING, MAINTAINING, MANAGING, AND OPERATING A TELEPHONE SYSTEM WIIB ALL NECESSARY POLES, WIRES, CABLES, FIXTURES AND APPARATUS, PROVIDING FOR COMPENSATION FROM SUCH COMPANY FOR SAID FRANCIDSE, PRESCRIBING THE TERMS OF AND RELATING TO SUCH FRANCIDSE AND REPEALING INCONSISTENT ORDINANCES OR PARTS THEREOF.
WHEREAS, Peoples Telecommunications, L.L.C. (herein called Grantee) is a corporation organized under the laws of the State of Kansas, with a license to do business in the State of Kansas, and its successors and assigns, are hereby granted the right, in operating a telephone system, to construct, install, maintain, and repair all the necessary poles, wires, cables, pole and wire fixtures, telephone plan.t, and telephone apparatus of whatsoever nature for the purpose of conducting such business; to erect, maintain, and repair such telephone poles and string the same with wire and cable along the streets, avenues, boulevards, alleys and other public places of the City of La Cygne; and to construct, lay, ·maintain and repair such conduits as Grantee, its successors and assigns, may require, under those streets, avenues, boulevards, alleys, and other places for the purpose of such business under the following terms and restrictions:
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LA CYGNE, KANSAS:
SECTION 1. This grant shall be effective in accordance with Section XII below and shall continue for a term of ten (10) years from its effective date, subject to all laws and ordinances regulating, taxing, and controlling telephone lines or systems in the city.
SECTION 2. Grantee, its successors and assigns, shall conduct telephone business in such a manner as shall be to the benefit of the city and its inhabitants, rendering good telephone service at reasonable rates as authorized by the Kansas Corporation Commission or any other state or local governmental agency charged by law with the power to regulate public utilities.
SECTION 3. All poles and overhead wires or cables erected in accordance with this ordinance shall be placed, whether on streets, avenues, boulevards, alleys, or other public places, so as not to interfere unnecessarily with ordinary travel on such streets, avenues, boulevards, alleys, or other public places. All poles erected under this ordinance shall be located so as not to injure unnecessarily any drains, sewers, catch basins, or other like public improvements and, if such be injured, Grantee shall repair any damages caused to the satisfaction of the governing body of the city, and in default thereof, the city may repair such damage and charge the cost to the Grantee.
SECTION 4. The poles of Grantee, its successors and assigns shall be placed and erected in such a manner so as not to interfere unreasonably with the orderly conduct of the business and rights of any other public service corporation having a right or franchise to operate its business in the city.
SECTION 5. All work of locating underground facilities, placing underground conduit and erecting poles under and by virtue of this ordinance, shall be done with the cooperation of the Mayor of the city or some properly authorized person.
SECTION 6. Grantee shall remove, raise, or adjust its aerial plant, after forty-eight (48) hours notice by the Mayor or other properly authorized city official, for the purpose of permitting the moving of houses or other structures along the streets of the city. The person or persons for whose benefit such telephone plant is removed, raised, or adjusted, however, shall first secure proper permission from the city for the movement and agree to pay Grantee for its related costs and damages. If desired, an advance deposit from the mover may be required by Grantee.
SECTION 7. Permission is hereby granted to Grantee to trim trees upon and overhanging streets, alleys, sidewalks, and public places of said City so as to prevent the branches of such trees from coming into contact with Grantee’s wires and cables. All such trimming will be done under the supervision and direction of any city official to whom such duties have been or may be delegated.
SECTION 8. In consideration for rights and privileges herein granted, Grantee shall pay to the city, in arrears, four percent (4%) of the annual gross receipts charged and collected from billings for local domestic, commercial and industrial service rendered wholly within the corporate limits of the City. Such payment shall be made in two installments, on or before the first day of January and the first day of July of each year during the term of this ordinance for the six-month period ending at the last May 31 and November 30, respectively. A statement showing the gross service. receipts of the Grantee during the six-month period covered by the payment shall accompany the said payments. The term “gross receipts” as applied to the service for domestic, commercial or industrial purposes as used in the Section shall not include [I] the service sold to the United States or the State of Kansas, or to any agency of political subdivision thereof, [2] the service sold for other use which cannot be classified as domestic, commercial or industrial such as service used by public utilities, telephone, telegraph and”-radio communication companies, railroads, pipe line companies, educational institutions not operating for profit, churches and charitable institutions, [3] the service sold for resale, and [4] the amount paid to the City pursuant to this Section. The city agrees to accept those sums as full and fair compensation, which sums shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the term of this ordinance.
SECTION 9. Nothing herein shall affect any prior or existing rights of Grantee to maintain a telephone company within the city. During the time of the franchise, Grantee will maintain at its expense, a drop box or collection site within the Grantor’s city limits for the payment of Grantee’s customer utility bills and statements.
SECTION 10. The franchise and all rights hereunder may not be assigned by the Grantee, without the written consent of the governing body of La Cygne, and the successors and/or assigns shall succeed to all rights, duties, and liabilities of the Grantee hereunder.
SECTION 11. All ordinances and agreements or parts of ordinances and agreement in conflict with this ordinance are hereby repealed.
SECTION 12. The said Grantee shall have sixty-five (65) days from and after its passage and approval to file its written acceptance of this ordinance with the City Clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the Governing Body.
SECTION 13. The Grantee agrees to indemnify and hold the City harmless from any and all loss, damage and expense occasioned by or arising out of claims for personal injury or property damage caused by or contributed to by the willful or negligent acts or omissions of Grantee. The City agrees to indemnify and hold Grantee harmless from any and all loss damage and expense occasioned by or arising out of claims for personal injury or property damage caused by or contributed to be the willful or negligent acts or omissions of the City.
SECTION 14. Nothing herein contained shall be construed as giving to the Grantee any exclusive privileges, nor shall it affect any prior to existing rights of the Grantee to maintain a telephone system within the City.
SECTION 15. The Grantee shall furnish to the City, a ·map or plat, showing the location of all current and proposed telephone lines, underground conduits, poles, towers and other appurtenances prior to installation of the same, and further, the City shall be duly notified as to any changes made subsequent to the filing of the original plat.
SECTION 16. If this ordinance expires either prior to the effective date of a passed subsequent ordinance granting Grantee a franchise, or while the city and Grantee are engaged in good faith negotiations intended to result in the passage of such subsequent ordinance, the terms of this ordinance shall apply until the effective date of the subsequent ordinance, but in no event shall this franchise agreement continue for more than ninety (90) days after its termination date without a subsequent written renewal franchise agreement being entered into.
(02-05-2008)