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 COTTONWOOD FALLS, KANSAS, AND TO USE THE STREETS, ROADS, ALLEYS, POLES, AND OTHER PUBLIC PLACES WITHIN SAID CITY FOR SUCH PURPOSES.
Be it Ordained by the Governing Body of the City of Cottonwood Falls of the State of Kansas that:
SECTION 1. Wildflower Telecommunications, LLC doing business as 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 Cottonwood Falls, 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.
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 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.
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 franchise fee of five percent (5%) of the gross receipts as provided in K.S.A. 12-2001, as amended. “Gross Receipts” shall have the meaning assigned to it in K.S.A. 12-2001(c) (6), as amended. Payments by Wildflower to the City shall 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).
SECTION 7. As required in K.S.A. 12-2001 (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.