AN ORDINANCE GRANTING TO COUNCIL GROVE TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A TERM OF TWENTY YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING TELEPHONE, TRANSMISSION AND DISTRIBUTION LINES, CONNECTIONS WITHIN THE CITY LIMITS OF THE CITY OF COUNCIL GROVE FOR TELEPHONE SERVICE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF COUNCIL GROVE, KANSAS:
Section 1. The right and privileges hereby granted to the Council Grove Telephone Company, Inc., a Kansas Corporation, its trustees, successors and assigns (hereinafter called the grantee), to use and occupy the streets, avenues, roads alleys and other public places and grounds of the City of Com1cil Grove, Kansas, (hereinafter called the City), and all the additions thereto for the non-exclusive purpose of constructing, erecting; repairing, restoring, renewing, operating and maintaining telephone lines and all necessary appurtenances for the use that may be necessary or required for providing telephone service for the inhabitants within the City of Council Grove, as provided by Kansas law.
Section 2. Any and all poles, telephone lines, laterals, fixtures or other appurtenances and appliances, constructed, erected, maintained and operated by the grantee upon, along, under, or across the streets, avenues, roads, alleys, public places and grounds, and additions thereto shall be so placed, located and so operated and maintained as not to obstruct or impede, or interfere with the lawful use of such streets, avenues, roads, alleys, public places and grounds, or additions thereto. Grantee shall give written notice to the City Clerk at least 48 hours before any significant construction, reconstruction or maintenance project and such notice will include:
a) The location or place at which the work is to be performed.
b) The nature of the work.
c) The proposed dimensions of the work, length, breadth, and depth.
d) The approximate time at which the work is to be commenced and completed.
Section 3. The grantee shall collect the franchise tax as outlined in Section Five of this ordinance by collecting said franchise tax based upon a monthly payment by the customer of two percent (2%) on telephone charges as set fo1ih in Section 5. The grantee has the right or privilege to make remittance to the City monthly or other advance payment before due, and the grantee shall be given credit for such payments and will make final payment as prescribed in Section 5.
Section 4. Nothing in this ordinance shall be construed as waiving the rights of either party to have reviewed before a competent jurisdiction or before an appropriate commission in any manner provided by law now, or hereafter, during the terms s.et fo1ih herein; any finding or order of any legally constituted regulatory body under the laws of the State of Kansas. Such rates shall comply with all rules and regulations as provided by the Kansas Corporation Commission or as otherwise provided by law.
Section 5. In consideration of such franchise the grantee shall pay the City of Council Grove, Kansas, an annual sum of two percent (2%) of the annual gross revenue derived from the operation of the telephone service concerning basic telephone charges for income received, excluding therefrom long distance telephone charges, and service calls within the city limits. Such sums shall be payable at quarterly intervals, with payment being due on or before March 31, June 30, September 30 and December 31 each year of this ordinance. Unless such amount is paid to the City within sixty (60) days from the date that such amount is due, then there shall be an additional penalty of ten percent (10%) from any delinquent payment, and in the event that the san1e is not paid within thirty (30) days after becoming delinquent then any additional charges, costs, expenses and fees for the collection of the same shall be in addition to the penalty as prescribed herein. Nothing herein contained shall be construed as limiting the rate making power of any authorized body, board, or commission which may now or hereafter be vested by, or under the laws of the State of Kansas, with the power to fix or review rates.
Section 6. The City shall pass suitable ordinances and enforce the same as may be necessary to protect the grantee and its property against wastes and unlawful use. The grantee is hereby authorized to enter upon the premises of its customers at all proper times for the purpose of inspection or disconnection as may be necessary.
Section 7. The grantee shall indemnify and hold the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence, or any other reason of liability on the part of the grantee in the construction, operation or maintenance of its system in the City, and grantee shall cause to be defended at its own expense all actions that may be commenced against the City by reason of the construction and/or operation of such system. The grantee shall carry public liability and property damage insurance in the sum of $100,000.00 for each individual, $300,000.00 for each accident, and $100,000.00 for property damage, with the City named as an additional insured, said insurance to be carried with an insurance company with a recognized national rating acceptable to the City.
Section 8. In the event the City should propose to construct, change or repair any water mains, sewers, pipes, drains or public improvements or change the size, location or grade of any of its streets, alleys, roads or public grounds where the grantee is using the streets, alleys, roads or public grounds for its equipment, then the City shall give reasonable notice in writing of such contemplated changes or repairs to the grantee and the grantee shall raise, lower or relocate at grantees own expenses by reason of any laws, rules and regulations, state or federal, applicable to the project necessitating such construction, changes or repairs. The grantee shall furnish the City with a map showing the size and location of its system, and upon written request of the City, grantee shall make any changes or additions necessary to update said map.
Section 9. If the grantee should damage any street, alley or public property the said grantee is to restore said property to the same state or maintenance as it was before said repairs were made as near as possible. The grantee is also required to remove or change any telephone poles, anchors or other construction that may be requested by and on behalf of the City of Council Grove, as may be for the benefit of the City and its inhabitants.
Section 10. This franchise and the rights and privileges therein may be assigned by the grantee, and the assignee shall be bound by all provisions herein. All such assignments shall be in writing, and duly authenticated copies be filed with the City Clerk of the City of Council Grove, Kansas.
Section 11. The rights and privileges of this franchise shall be for a period of 20 years.
Section 12. The expense of publishing this ordinance shall be paid by the grantee.
Section 13. If any section, paragraph, clause or provision of this ordinance shall be declared invalid by any court of competent jurisdiction, the same shall not effect the validity of the ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid.
(10-16-2007)