AN ORDER GRANTING WHEAT STATE TELE-CABLE, INC., IT’S SUCCESSORS AND ASSIGNS, A CABLE TELEVISION FRANCHISE, PRESCRIBING THE TERMS AND CONDITIONS THEREOF, AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR CONFLICTING WITH THE TERMS THEREOF.
Section 1. That in consideration of the benefits to be derived by the City of Udall, Kansas, and its inhabitants, there is hereby granted to Wheat State Television, Inc. (hereafter “Grantee”), said Grantee being a Kansas Corporation, the right, privilege and authority for a period of five years from the effective date of this Ordinance, to occupy and use the present and future streets, avenues, alleys and other public places of said City, and such future annexed areas for the placing and maintaining of a Community Antenna Television System, together with all necessary and desirable appurtenances, including underground cable and conduits, poles, towers, wires and other appurtenances necessary to carry on the business of a Community Antenna Television operation and render CATV services to the City of Udall, Kansas, and its inhabitants; and to do all things proper to carry on said business.
(a) To construct and install and thereafter operate and maintain a Community Antenna Television System consisting of, without limitation, conduits, cables, poles, wires, voice radio circuits, amplifiers, and all fixtures and appurtenances necessary or desirable for the construction, operation and maintenance of the system within the corporate limits of the City of Udall, Kansas, as said limits are presently or may in the future be extended.
(b) The facilities of the system, wherever practicable, shall be laid or erected in the alleys of the City and they shall be located, placed, or relocated without expense to the City or the abutting property owners. Said wires and cables, where overhead, shall be constructed and maintained in accordance with the Wire Stringing Rules of the State Corporation Commission.
Section 2. It is expressly understood and agreed by and between the Grantee and the City, that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim, or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its Community Antenna Television System in the City. The City shall notify the Grantee’s representative within 30 days after the presentation any claim or demand, either by suit or otherwise, make against the City on account of any negligence as aforesaid on the part of the Grantee. The Grantee shall carry sufficient insurance against liability to property damage of not less than $1,000,000.00, as to any 1 accident, and, not less than $1,000,000.00 as to any 1 accident, as it may relate to personal injury, and such insurance shall inure to the benefit of the City on all claims against the City, arising from the negligence of the Grantee.
Section 3. The Grantee shall have the right to prescribe reasonable service rules and regulations for the conduct of the Community Antenna Television System, not inconsistent with the provisions of this Ordinance, and complete copy of such service rules and regulations, together with full and complete plats, maps and record showing the exact location of such facilities located within the public ways of the City, shall be kept on file at all times with the City Clerk.
Section 4. All rates and charges enacted by the Grantee shall be fair, reasonable and just.
Section 5. This franchise is granted on the following terms and conditions:
(a) That Grantee shall pay to the City of Udall, an amount equal to 3% percent of the gross revenues from the operation of said Community Antenna Television System in said City, with “gross revenues” being defined as the gross rentals received by Grantee from its CATV customers in the City including “premium” channels. Said payments will be made by Grantee to the City on a monthly basis with each payment to be made within 20 days after the close of each month. Grantee’s books and records will be made available to the City for auditing purposes at any time.
(b) The Community Antenna Television facility shall be constructed, operated and maintained in a proper workmanlike manner so as to afford all reasonable safeguards to the public, and the Grantee shall hold and save harmless said City from any and all damages, injury and expense caused by the sole negligence of the Grantee, its agents or servants.
(c) All poles, wires, anchors, anchor rods and other appurtenances which are located on, over, along, under or across the public streets, roads, alleys or other public thoroughfares of the said City of Udall, shall be so placed as to not interfere with traffic on the travel portions of such thoroughfares; and the Grantee, after the construction or re-construction of its facilities will restore to their original condition the streets, roads, alleys or other thoroughfares on which such facilities have been constructed insofar as this is practical.
(d) The Grantee will comply with all reasonable rules and regulations of the said City of Udall, and with all ordinances now in effect, or which may hereafter be passed insofar as they do not conflict with the terms or the purposes of the franchise herein granted.
(e) In the event Cable Television Service to be furnished by the Grantee shall be interrupted by accident, act of God or other cause beyond the control of the Grantee, Grantee shall restore its services within a reasonable time and as quickly as may be reasonably possible.
(f) The Grantee, in the interest of the City, shall provide without charge, 1 connection to each elementary and high school, public or parochial, and to each public library.
(g) The Grantee shall undertake actions required to obtain all necessary approvals to provide the service and shall be providing such service 1 year from the receipt of the final required approval.
Section 6. This Ordinance and the franchise herein granted shall be accepted by the Grantee in writing, filed with the City Clerk within 30 days from the date and passage and approval of the same; provided, however, that the time for such acceptance may be extended by the governing body of the said City.
Section 7. Immediately after passage, this franchise Ordinance shall be published in the official City paper, once a week for 3 consecutive weeks, and the same shall not take effect and be in force until after the expiration of 60 days from the date of its approval and final passage.
Section 8. Any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed.
Section 9. This franchise is granted pursuant to the provisions of K.S.A. 12-2001 et seq.
(11-15-05)