AN ORDINANCE GRANTING THE FRANCIDSE, PRIVILEGES AND RIGHTS TO WILDFLOWER TELECOMMUNICATIONS, LLC, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ACQUIRE, OPERATE AND MAINTAIN A COMMUNICATIONS SYSTEM IN THE CITY OF ELLIS, KANSAS, AND TO USE THE STREETS, ROADS, ALLEYS, POLES, AND OTHER PUBLIC PLACES WITIDN SAID CITY FOR SUCH PURPOSES.
Be it Ordained by the Governing Body of the City of Ellis, of the State of Kansas that:
SECTION 1. Wildflower Telecommunications, LLC DBA IdeaTek Communications, its successors, and assigns (herein referred to as “Wildflower”) shall operate its communications system and all business incidental to or connected with conducting of a communications business and system in the City of Ellis, State of Kansas, (“herein referred to as “City”). The plant construction and appurtenances used in or incident to the provision of communication services and to the maintenance of a communication business and system by Wildflower in said City shall be subject to such changes as may be considered necessary by the City in the exercise of its inherent powers and Wildflower shall exercise its right to place, remove, construct, and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require along, across, on, over, through, above and under all the public streets avenues, alleys, bridges and the public grounds and places within the limits of said City as the same from time to time may be established. Further, in consideration of the rights and privileges hereby granted, Wildflower, its successors and assigns, shall locate its lines in the streets, avenues, alleys and other public places in such manner as not to interfere with the use of said streets, avenues, alleys and public places.
SECTION 2. Wildflower, on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. Wildflower shall be given not less than forty-eight ( 48) hours advance notice to arrange for such temporary wire changes. At times when City causes public improvements to be made to any of the streets, avenues, alleys or other public places within the City that are occupied by Wildflower’ s facilities or wires, Wildflower shall, at City request, relocate its wires as Wildflower’s expense to conform to the City’s planned improvement. If said Wildflower is required to move, alter or rebuild any of its facilities or wires not located on public right-of-way, the cost of moving, altering or rebuilding said facilities shall be borne by the requesting party, if not the City. In the event City vacates or otherwise abandons City right-of-way on which Wildflower facilities or wires are located, or planned to be located, the Ordinance vacating or abandoning such City right-of-way shall provide for the City granted easement to Wildflower.
SECTION 3. Permission is hereby granted to Wildflower 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 in contact with the wires and cables of Wildflower. All the said trimming upon request by the City will be done under the supervision and direction of any city official to whom said duties have been or may be delegated at the expense of Wildflower.
SECTION 4. Permission is hereby granted to Wildflower to make all necessary excavations in the public streets, roads, alleys, sidewalks or other public places, all in accordance with the ordinances applicable to such excavations by public utilities or others securing such permission.
SECTION 5. Wildflower agrees to pay to the City as full compensation for granting the rights and privileges herein a sum equal to 3% of its gross receipts for services billed to retail customers to be paid quarterly per access line as set out in K.S.A. 12-2001(j), and amendments thereto for local exchange service rendered wholly within the corporate limits of the City. Payment will be made on a quarterly basis.
SECTION 6. Permission is hereby granted to permit any telephone, electric light, or power wire attachments by the City or Wildflower, on the poles of the other which must follow guidelines set forth in the National Electric Safety Code (NESC). Further, Wildflower, its successors, and assigns, in the construction, maintenance and operation of its transmission, distribution system, under the rights and privileges herein granted, shall exercise all reasonable and proper precaution to avoid damage or injury to persons or property, and shall hold and save harmless the City of Ellis, Kansas, from any and all damage, injury and expense caused by the negligence of said Wildflower, its successors, and assigns, or its or their agents or servants.
SECTION 7. As required in K.S.A. 12-200l(e), nothing herein contained shall be construed as giving to Wildflower any exclusive privileges, nor shall it affect any prior or existing rights of Wildflower to maintain a communications system within the City.
SECTION 8. The term of this ordinance shall be for five (5) years from the date on which it takes effect. Thereafter, this franchise will renew for one (1) additional five (5) year term, unless either party notifies the other party of its intent to terminate or renegotiate the franchise at least one hundred and eighty (180) days before the termination of the then current term. After ten (10) years, this franchise shall renew for additional one ( 1) year terms until either party notifies the other party of its intent to terminate or renegotiate the franchise at least one hundred and eighty (180) days before the termination of the then current term. An additional term shall be deemed a continuation of this franchise and not as a new franchise or amendment.
SECTION 9. It is further provided that should any section or sections of this Ordinance be held null and void or void or illegal by any court having jurisdiction in a proper action, such decision by such court shall not affect any other part of this Ordinance not passed upon by such court.
(05-05-2014)