AN ORDINANCE GRANTING THE FRANCHISE, PRIVILEGES AND RIGHTS TO WILDFLOWER TELECOMMUNICATIONS, LLC, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ACQUIRE, OPERATE AND MAINTAIN A COMMUNICATIONS SYSTEM IN THE CITY OF INMAN, KANSAS, AND TO USE THE STREETS, ROADS, ALLEYS, AND OTHER PUBLIC PLACES WITHIN SAID CITY FOR SUCH PURPOSES.
Be it Ordained by the Governing Body of the City of Inman, of the State of Kansas that:
SECTION 1. Wildflower Telecommunications, LLC, 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 Inman, 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 the 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.
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. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and Wildflower may require such payment in advance. Wildflower shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.
SECTION 3. Permission is hereby granted to the 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 the Telephone Company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated.
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 $1.00 per month fee, 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. Said fees shall be paid by Wildflower to the City quarterly beginning July 1, 2007.
SECTION 6. Nothing in this ordinance shall be construed to require or permit any telephone, electric light, or power wire attachments by either the City or Wildflower, on the poles of the other. If such attachments are desired by the City or Wildflower, then a separate non-contingent agreement shall be prerequisite to such attachments.
SECTION 7. 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 Contract franchise will continue on a month to month term until either party notifies, with at least one hundred and eighty (180) days notification, the other party of its intent to terminate or renegotiate the Contract franchise. The additional month to month terms shall be deemed a continuation of this Contract franchise and not as a new franchise or amendment.
(04-09-2007)