13-10712 Telecommunications FranchiseSummary published in The Salina Journal on August, 2013.
Posted on the City of Salina website from August J i io 5;.d- LI 2013.
ORDINANCE NUMBER 13-10712
AN ORDINANCE GRANTING TO WILDFLOWER TELECOMMUNICATIONS, LLC A
„ FRANCHISE FOR THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND
EXTEND A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SALINA, KANSAS
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WHEREAS, Wildflower Telecommunications, LLC d/b/a IdeaTek Communications ("Grantee") is
a telecommunications local exchange service provider, which desires to provide local exchange
service within the City of Salina, Kansas ("City"); and
' U WHEREAS, pursuant to K.S.A. 12-2001, the City is authorized to grant a non-exclusive contract
franchise ordinance, authorizing the Grantee to provide telecommunications local exchange services
within the City; and
WHEREAS, Grantee has submitted a written application to the City, accompanied by the required
franchise application fee deposit, requesting a telecommunications contract franchise ordinance
pursuant to K.S.A. 12-2001; and
WHEREAS, the Kansas Corporation Commission has issued Grantee a certificate of convenience
and authority, in accordance with the provisions of K.S.A. 66-131, to provide local exchange and
exchange access service in the State of Kansas; and
WHEREAS, in addition to the terms and conditions of this non-exclusive contract franchise
ordinance, Grantee's construction, operation, and maintenance of its telecommunications system
shall be subject to all applicable laws and statutes, and all rules, regulations, policies, resolutions
and ordinances now or hereafter adopted by the City, including but not limited to the City's
anticipated comprehensive right-of-way management ordinance, which, upon adoption by the
Governing Body during the term of this contract franchise ordinance, shall control Grantee's rights,
powers, and liabilities with respect to operations and activities in the public right-of-way; and
WHEREAS, the Governing Body finds that Grantee meets all the lawful requirements to obtain the
requested contract franchise ordinance, and therefore approves Grantee's application, SO NOW
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IT ORDAINED by the Governing Body of the City of Salina, Kansas:
SECTION 1. Grant of Franchise. Pursuant to K.S.A. 12-2001, a non-exclusive contract
franchise ordinance is hereby granted to Grantee, for the purpose of providing telecommunications
services within the City of Salina, Kansas, subject to the terms and conditions set forth below. The
initial term of this contract franchise ordinance shall be for a period beginning August 12, 2013 and
ending June 30, 2016. Thereafter, this contract franchise ordinance will automatically renew for
additional one (1) year terms, unless either party notifies the other party of its intent to terminate the
contract franchise ordinance at least ninety (90) days before the expiration of the then current term.
Any such additional term shall be deemed a continuation of this contract franchise ordinance and
not as a new contract franchise ordinance or amendment. Pursuant to K.S.A. 12-2001(b)(2), under
no circumstances shall this contract franchise ordinance exceed twenty (20) years from the effective
date hereof.
SECTION 2. Definitions. For the purpose of this contract franchise ordinance, the following
words and phrases and their derivations shall have the following meanings:
' "Access line" shall mean and be limited to retail billed and collected residential lines;
business lines; ISDN lines; PBX trunks and simulated exchange access lines provided by
a central office based switching arrangement where all stations served by such simulated
exchange access lines are used by a single customer of the provider of such arrangement.
Access line may not be construed to include interoffice transport or other transmission
media that do not terminate at an end user customer's premises, or to permit duplicate or
multiple assessment of access line rates on the provision of a single service or on the
multiple communications paths derived from a billed and collected access line. Access
line shall not include the following: Wireless telecommunications services, the sale or
lease of unbundled loop facilities, special access services, lines providing only data
services without voice services processed by a telecommunications local exchange
services provider or private line service arrangements.
"Access line count" means the number of access lines serving consumers within the
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corporate boundaries of the City on the last day of each month.
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"Access line fee" means a fee determined by the City, up to a maximum as set out in K.S.A.
" 12-2001 and amendments thereto, to be used by a telecommunications local exchange
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' a service provider in calculating the amount of access line remittance.
U "Access line remittance" means the amount to be paid by a telecommunications local
exchange service provider to the City, the total of which is calculated by multiplying the
access line fee, as determined in the City, by the number of access lines served by that
telecommunications exchange service provider within the City for each month in that
calendar quarter.
"City regulations" shall refer to all laws, rules, and regulations of the City, whether
established by ordinance, resolution, or other authorized method.
"Gross receipts" means only those receipts collected from within the corporate boundaries
of the City enacting the franchise and which are derived from the following: (A) Recurring
local exchange service for business and residence which includes basic exchange service,
touch tone, optional calling features and measured local calls; (B) recurring local exchange
access line services for pay phone lines provided by a telecommunications local exchange
service provider to all pay phone service providers; (c) local directory assistance revenue;
(D) line status verification/busy interrupt revenue; (E) local operator assistance revenue;
and (F) nonrecurring local exchange service revenue which shall include customer service
for installation of lines, reconnection of service and charge for duplicate bills. All other
revenues, including, but not limited to, revenues from extended area service, the sale or
lease of unbundled network elements, nonregulated services, carrier and end user access,
' long distance, wireless telecommunications services, lines providing only data service
without voice services processed by a telecommunications local exchange service provider,
private line service arrangements, intemet, broadband and all other services not wholly
local in nature are excluded from gross receipts. Gross receipts shall be reduced by bad
debt expenses. Uncollectible and late charges shall not be included within gross
receipts. If a telecommunications local exchange service provider offers additional
services of a wholly local nature which if in existence on or before July 1, 2002, would
have been included with the definition of gross receipts, such services shall be included
from the date of the offering of such services in the City.
"Local exchange service" means local switched telecommunications service within any
local exchange service area approved by the state corporation commission, regardless of
the medium by which the local telecommunications service is provided. The term local
exchange service shall not include wireless communication services.
"Public right-of-way" means only the area of real property in which the City has a
dedicated or acquired right-of-way interest in the real property. It shall include the area
on, below or above the present and future streets, alleys, avenues, roads, highways,
parkways or boulevards dedicated or acquired as right-of-way. The term does not include
the airwaves above a right-of-way with regard to wireless telecommunications or other
nonwire telecommunications or broadcast service, easements obtained by utilities or
' private easements in platted subdivisions or tracts.
"Telecommunications local exchange service provider" means a local exchange carrier as
defined in subsection (h) of K.S.A. 66-1,187, and amendments thereto, and a
telecommunications carrier as defined in subsection (m) of K.S.A. 66-1,187, and
amendments thereto, which does, or in good faith intends to, provide local exchange
service. The term telecommunications local exchange service provider does not include an
interexchange carrier that does not provide local exchange service, competitive access
provider that does not provide local exchange service or any wireless telecommunications
local exchange service provider.
"Telecommunications services" means providing the means of transmission, between or
among points specified by the user, of information of the user's choosing, without change in
the form or content of the information as sent and received.
SECTION 3. Compensation. Compensation made pursuant to this contract franchise ordinance
w shall be paid on a quarterly basis without invoice or reminder from the City and paid within forty-
five (45) days after the last day of the applicable quarter. For the first partial calendar year of
this contract franchise ordinance, said compensation shall be a sum equal to five percent (5%) of
gross receipts. Thereafter, compensation for each calendar year of the remaining term of the
' contract franchise ordinance shall continue to be based on a sum equal to five percent (5%) of gross
receipts; unless the City notifies Grantee prior to ninety (90) days before the end of the calendar
year that it intends to increase or decrease the percentage of gross receipts for the following
calendar year or that it intends to switch to an access line fee for the following calendar year. In
the event the City elects compensation based on an access line fee, nothing herein precludes the City
from switching back to a gross receipts fee provided the City notifies Grantee prior to ninety (90)
days before the end of the calendar year that it intends to elect a gross receipts fee for the following
calendar year. Any increased access line fee or gross receipt fee shall be in compliance with the
public notification procedures set forth in subsections (1) and (m) K.S.A. 12-2001.
SECTION 4. Examination of Records. The City shall have the right to examine, upon written
notice to the Grantee, no more than once per calendar year, those records necessary to verify the
correctness of the compensation paid pursuant to this contract franchise ordinance.
SECTION 5. Compliance with Law. As a condition of this contract franchise ordinance, Grantee
is required to obtain and is responsible for any necessary permit, license, certification, grant,
registration or any other authorization required by any appropriate governmental entity,
including, but not limited to, the City, the Federal Communications Commission (FCC) or the
Kansas Corporation Commission (KCC), subject to Grantee's right to challenge in good faith such
requirements as established by the City, FCC, or KCC. Grantee shall also comply with all
applicable laws, statutes and city regulations (including but not limited to those relating to the
' construction in and use of the public right-of-way), subject to Grantee's right to challenge in good
faith such laws, statutes, and city regulations.
SECTION 6. Use of the Public Right -of -Way.
A. Pursuant to K.S.A. 17-1902, and amendments thereto, and subject to the provisions
of this contract franchise ordinance, Grantee shall have the right to construct,
maintain and operate its facilities along, across, upon and under the public right-of-
way. Such appurtenances and facilities shall be so constructed and maintained as
not to obstruct or hinder the usual travel or public safety on such public ways or
obstruct the legal use by other utilities. All installations of Grantee's facilities under
hard surfaces shall be installed via the boring method, unless otherwise agreed by the
City upon Grantee's showing of undue hardship. For purposes of this Section 6, the
term "hard surfaces" shall mean concrete, asphalt, or any other hard surface with
similar structural characteristics.
B. The authority of Grantee to use and occupy the public right-of-way shall always be
subject and subordinate to the reasonable public health, safety, and welfare
requirements and regulations of the City. The City may exercise its home rule
powers in its administration and regulation related to the management of the
public right-of-way, provided that any such exercise must be competitively neutral
' and may not be unreasonable or discriminatory. Grantee shall be subject to all
applicable laws and statutes, and all rules, regulations, policies, resolutions and
ordinances now or hereafter adopted by the City, including but not limited to the
City's anticipated comprehensive right-of-way management ordinance, which, upon
adoption by the City's governing body during the term of this contract franchise
ordinance, shall control Grantee's rights, powers, and liabilities with respect to
operations and activities in the public right-of-way.
C. Nothing in this contract franchise ordinance shall be interpreted as granting Grantee
the authority to construct, maintain or operate any facility or related appurtenance
on property owned by the City outside of the public right-of-way.
D. Grantee shall participate in the Kansas One Call utility location program with respect
to all of its facilities in the public right-of-way.
SECTION 7. Limitation on Use of Portion of Right -of -Way. The City shall have the authority
w to prohibit the use or occupation of a specific portion of public right-of-way by Grantee due to a
reasonable public interest necessitated by public health, safety and welfare so long as the
authority is exercised in a competitively neutral manner and is not unreasonable or discriminatory.
' o A reasonable public interest shall include the following:
U A. The prohibition is based upon a recommendation of the city engineer, is related to
public health, safety and welfare, and is nondiscriminatory among providers,
including incumbent providers;
B. Grantee has rejected a reasonable, competitively neutral and nondiscriminatory
justification offered by the City for requiring an alternate method or alternate route
that will result in neither unreasonable additional installation expense nor a
diminution of service quality;
C. The City reasonably determines, after affording Grantee reasonable notice and an
opportunity to be heard, that a denial is necessary to protect the public health and
safety and is imposed on a competitively neutral and nondiscriminatory basis; or
D. The specific portion of the public right-of-way for which Grantee seeks use and
occupancy is environmentally sensitive as defined by state or federal law or lies
within a previously designated historic district as defined by local, state or federal
law.
SECTION S. Repair of Damage to Right -of -Way. Grantee shall repair all damage to the public
' right-of-way caused by the activities of Grantee, or of any agent, affiliate, employee, or
subcontractor of Grantee, while occupying, installing, repairing or maintaining facilities in a
public right-of-way and return the right-of-way to its functional equivalence before the damage
pursuant to the reasonable requirements and specifications of the City. If Grantee fails to make the
repairs required by the City, the City may effect those repairs and charge Grantee the costs of those
repairs. If the City incurs damages as a result of a violation of this subsection, then the City shall
have a cause of action against Grantee for violation of this subsection, and may recover its
damages, including reasonable attorney fees, if Grantee is found liable by a court of competent
SECTION 9. Fees. Pursuant to K.S.A. 17-1902(n), and amendments thereto, the City may assess
any of the following fees against Grantee for use and occupancy of the public right-of-way,
provided that such fees reimburse the City for its reasonable, actual and verifiable costs of
managing the public right-of-way, and are imposed on all such providers in a nondiscriminatory
and competitively neutral manner:
A. A permit fee in connection with issuing each construction permit to set fixtures in
the public right -of- way within the City, to compensate the City for issuing,
processing and verifying the permit application.
B. An excavation fee for each street or pavement cut to recover the costs associated
with construction and repair activity of Grantee, its assigns, contractors and
' subcontractors with the exception of construction and repair activity required
pursuant to subsection (1) of K.S.A. 17-1902 related to construction and
maintenance activities directly related to improvements for the health, safety and
welfare of the public; provided, however, imposition of such excavation fee must be
based upon a regional specific or other appropriate study establishing the basis for
such costs which takes into account the life of the city street prior to the
construction or repair activity and the remaining life of the city street. Such
excavation fee is expressly limited to activity that results in an actual street or
pavement cut.
C. Inspection fees to recover all reasonable costs associated with the City's inspection
of the work of Grantee in the right-of-way.
N D. Repair and restoration costs associated with repairing and restoring the public right-
of-way because of damage caused by Grantee, its assigns, contractors, and/or
w subcontractors in the right-of-way.
E. A performance bond, in a form acceptable to the City, from a surety licensed to
conduct surety business in the state of Kansas, insuring appropriate and timely
' performance in the construction and maintenance of facilities located in the public
right-of-way.
SECTION 10. Indemnification and Hold Harmless.
A. It shall be the responsibility of Grantee to take adequate measures to protect and
defend its facilities in the public right-of-way from harm or damage. If Grantee fails
to accurately or timely locate facilities when requested, in accordance with the
Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., it shall
have no claim for costs or damages against the City and its authorized contractors
unless such parties are responsible for the harm or damage caused by their gross
negligence or intentional conduct. The City and its authorized contractors shall be
responsible to take reasonable precautionary measures including calling for utility
locations and observing marker posts when working near Grantee's facilities.
B. Grantee shall indemnify and hold the City and its officers and employees harmless
against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees
(including reasonable attorney fees and costs of defense), proceedings, actions,
demands, causes of action, liability and suits of any kind and nature, including
personal or bodily injury (including death), property damage or other harm for which
recovery of damages is sought, to the extent that it is found by a court of competent
' jurisdiction to be caused by the negligence of Grantee, any agent, officer, director,
representative, employee, affiliate or subcontractor of Grantee, or its respective
officers, agents, employees, directors or representatives, while installing, repairing or
maintaining facilities in the public right-of-way.
C. The indemnity provided by this subsection does not apply to any liability resulting
from the negligence of the City, its officers, employees, contractors or
subcontractors. If Grantee and the City are found jointly liable by a court of
competent jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of the State of Kansas without, however, waiving any
governmental immunity available to the City under state law and without waiving
any defenses of the parties under state or federal law. This section is solely for the
benefit of the City and Grantee and does not create or grant any rights, contractual or
otherwise, to any other person or entity.
SECTION 11. Insurance and Performance Bond.
A. During the term of this contract franchise, Grantee shall obtain and maintain
insurance coverage at its sole expense, with financially reputable insurers that are
licensed to do business in the State of Kansas. If Grantee elects to use the services of
an affiliated captive insurance company for this purpose, that company shall posses a
' certificate of authority from the Kansas Insurance Commissioner. Grantee shall
provide not less than the following insurance:
i. Workers' compensation as required by the laws of the State of Kansas, with
an employers' liability limit equal to the amount required by law.
ii. Commercial general liability, including coverage for contractual liability and
completed operations liability, on an occurrence basis and not a claims made
basis, with an aggregate limit of not less than Two Million Dollars
($2,000,000.00) combined single limit per occurrence for bodily injury,
personal injury, and property damage liability. The City shall be included as
an additional insured with respect to liability arising from Grantee's
operations under this contract franchise ordinance.
B. Grantee shall, as a material condition of this contract franchise ordinance, prior to the
commencement of any work in the public right-of-way, deliver to the City a
w certificate of insurance or evidence of self-insurance, satisfactory in form and
content to the City, evidencing that the above insurance is in force. Grantee shall
timely notify the City if the insurance is cancelled or materially changed with respect
' a to areas and entities covered. Grantee shall make available to the City on request the
policy declarations page and a certified copy of the policy in effect, so that
V limitations and exclusions can be evaluated for appropriateness of overall coverage.
C. Grantee shall, as a material condition of this contract franchise ordinance, prior to the
commencement of any work in the public right-of-way, deliver to the City a
performance bond in the amount of $50,000.00, payable to the City to ensure the
appropriate and timely performance in the construction and maintenance of facilities
located in the public right-of-way. The required performance bond must be with a
good and sufficient surety, authorized to transact business in the State of Kansas, and
satisfactory to the City in form and substance.
SECTION 12. Notification of Claims. Grantee or the City shall promptly advise the other
in writing of any known claim or demand against Grantee or the City related to or arising out of
Grantee's activities in a public right-of-way.
SECTION 13.. Removal or Relocation of Facilities. If requested by the City, in order to
accomplish construction and maintenance activities directly related to improvements for the health,
safety, and welfare of the public, Grantee shall remove its facilities from the public right-of-way
or shall relocate or adjust its facilities within the public right-of-way at no cost to the City. Such
relocation or adjustment shall be completed as soon as reasonably possible within the time set forth
in any request by the City for such relocation or adjustment. Any damages suffered by the City or
' its contractors as a result of Grantee's failure to timely relocate or adjust its facilities shall be borne
by Grantee.
SECTION 14. Tree Trimming. Permission is hereby granted to Grantee to trim trees upon
any overhanging streets, alleys, sidewalks and public places of the City so as to prevent the
branches of such trees from coming in contact with Grantee's facilities. Grantee agrees that all
such tree trimming shall be conducted in accordance with the American National Standard for Tree
Care Operations (ANSI Standard Z133.1), and that said trimming shall also comply with all applicable
laws, statutes and city regulations.
SECTION 15. Resold Access Lines. Grantee shall collect and remit compensation as
described in Section 3 on those access lines that have been resold to another telecommunications
local exchange service provider.
SECTION 16. Termination. In the event of Grantee's breach of this contract franchise
ordinance, the City shall have the right to terminate this contract franchise ordinance in accordance
with the following procedure. The City shall first serve a written notice upon Grantee, setting forth
in detail the nature of the breach, and the Grantee shall have thirty (30) days thereafter to cure such
breach. If the City deems the breach uncured at the end of the thirty (30) day period, the City may
terminate this contract franchise ordinance after reasonable notice and a public hearing before the
City's governing body.
' SECTION 17. Transfer and Assignment. This contract franchise shall be assignable only
to a telecommunications local exchange service provider which holds a current and valid certificate
of convenience and authority from the Kansas Corporation Commission, and any such assignment
shall be preconditioned upon the City receiving written notice of the assignment (including notice
of the name and address of the assignee and contact information) and a copy of the assignee's
current certificate of convenience and authority no later than seven (7) days prior to the effective
date of the assignment. Any attempted assignment of this contract franchise without satisfying the
requirements of this section shall be void.
City: Grantee:
City Clerk Wildflower Telecommunications, LLC
City of Salina, Kansas Attn: Daniel P. Friesen
P.O. Box 736 PO Box 258
Salina, KS 67402-0736 Buhler, KS 67522
SECTION 20. Confidentiality. Information provided to the City under K.S.A. 12-2001 et
seq. shall be governed by confidentiality procedures in compliance with K.S.A. 45-215 and 66-
1220a, et seq., and amendments thereto. Grantee agrees to indemnify and hold the City harmless
from any and all penalties or costs, including attorneys' fees, arising from the actions of Grantee, or
' of the City at the written request of Grantee, in seeking to safeguard the confidentiality of
information provided by Grantee to the City under this contract franchise.
SECTION 21. Failure to Enforce. The failure of either party to enforce and remedy any
noncompliance of the terms and conditions of this contract franchise ordinance shall not constitute
a waiver of rights nor a waiver of the other party's obligations as provided herein.
SECTION 22. Payment of Publication Costs. In accordance with K.S.A. 12-2001, Grantee
shall be responsible for payment of all costs and expense of publishing this contract franchise
ordinance, and any amendments thereof.
SECTION 23. Severability of Ordinance. If any clause, sentence, or section of this contract
franchise ordinance shall be held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remainder, as a whole or any part hereof, other than the part
declared invalid.
SECTION 24. Compliance with K.S.A. 12-2001. Grantee has entered into this contract
franchise ordinance as required by the City and K.S.A. 12-2001. If any clause, sentence, section, or
provision of K.S.A. 12-2001, and amendments thereto, shall be held to be invalid by a court of
competent jurisdiction, either the City or Grantee may elect to terminate the entire contract
franchise ordinance. In the event a court of competent jurisdiction invalidates K.S.A. 12-2001, and
amendments thereto, if Grantee is required by law to enter into a contract franchise ordinance with
' the City, the parties agree to act in good faith in promptly negotiating a new contract franchise
ordinance.
SECTION 25. Force Maieure. Each and every provision hereof shall be subject to acts of
God, fires, strikes, riots, floods, war and other disasters beyond Grantee's or the City's control.
SECTION 26. Applicable Law. This contract franchise ordinance is made under and in
conformity with the laws of the State of Kansas.
SECTION 27. Publication of Summary of Ordinance. The officials and agents of the City
are directed to publish a summary of this ordinance in the Salina Journal in the following format:
SECTION 18. Reservation of Rights. In entering into this contract franchise ordinance,
neither the City's nor Grantee's present or future legal rights, positions, claims, assertions or
arguments before any administrative agency or court of law are in any way prejudiced or waived.
By entering into the contract franchise ordinance, neither the City nor Grantee waive any rights, but
instead expressly reserve any and all rights, remedies, and arguments the City or Grantee may have
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at law or equity, without limitation, to argue, assert, and/or take any position as to the legality or
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appropriateness of this contract franchise ordinance or any present or future laws, ordinances,
and/or rulings which may be the basis for the City and Grantee entering into this contract franchise
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ordinance.
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SECTION 19. Notices. Grantee shall at all times maintain with the City a local point of
contact who shall be available at all times to act on behalf of Grantee in the event of an emergency.
Grantee shall provide the City with said local contact's name, address, telephone number, fax
number and e-mail address. Emergency notice by Grantee to the City may be made by telephone to
the City Clerk or the Public Works Director. All other notices between the parties shall be in
writing and shall be made by personal delivery, depositing such notice in the U.S. Mail or Certified
Mail, return receipt requested. Any notice shall be deemed delivered five (5) calendar days after the
date of such deposit in the U.S. Mail unless otherwise provided. "Business day" for purposes of
this section shall mean Monday through Friday, City -observed holidays excepted.
City: Grantee:
City Clerk Wildflower Telecommunications, LLC
City of Salina, Kansas Attn: Daniel P. Friesen
P.O. Box 736 PO Box 258
Salina, KS 67402-0736 Buhler, KS 67522
SECTION 20. Confidentiality. Information provided to the City under K.S.A. 12-2001 et
seq. shall be governed by confidentiality procedures in compliance with K.S.A. 45-215 and 66-
1220a, et seq., and amendments thereto. Grantee agrees to indemnify and hold the City harmless
from any and all penalties or costs, including attorneys' fees, arising from the actions of Grantee, or
' of the City at the written request of Grantee, in seeking to safeguard the confidentiality of
information provided by Grantee to the City under this contract franchise.
SECTION 21. Failure to Enforce. The failure of either party to enforce and remedy any
noncompliance of the terms and conditions of this contract franchise ordinance shall not constitute
a waiver of rights nor a waiver of the other party's obligations as provided herein.
SECTION 22. Payment of Publication Costs. In accordance with K.S.A. 12-2001, Grantee
shall be responsible for payment of all costs and expense of publishing this contract franchise
ordinance, and any amendments thereof.
SECTION 23. Severability of Ordinance. If any clause, sentence, or section of this contract
franchise ordinance shall be held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remainder, as a whole or any part hereof, other than the part
declared invalid.
SECTION 24. Compliance with K.S.A. 12-2001. Grantee has entered into this contract
franchise ordinance as required by the City and K.S.A. 12-2001. If any clause, sentence, section, or
provision of K.S.A. 12-2001, and amendments thereto, shall be held to be invalid by a court of
competent jurisdiction, either the City or Grantee may elect to terminate the entire contract
franchise ordinance. In the event a court of competent jurisdiction invalidates K.S.A. 12-2001, and
amendments thereto, if Grantee is required by law to enter into a contract franchise ordinance with
' the City, the parties agree to act in good faith in promptly negotiating a new contract franchise
ordinance.
SECTION 25. Force Maieure. Each and every provision hereof shall be subject to acts of
God, fires, strikes, riots, floods, war and other disasters beyond Grantee's or the City's control.
SECTION 26. Applicable Law. This contract franchise ordinance is made under and in
conformity with the laws of the State of Kansas.
SECTION 27. Publication of Summary of Ordinance. The officials and agents of the City
are directed to publish a summary of this ordinance in the Salina Journal in the following format:
Ordinance No. 13-10712 Summary
On August;e,2 4-V& 013, the City of Salina, Kansas, passed Ordinance No. 13-10712.
The ordinance granted to Wildflower Telecommunications, LLC a franchise for the
right to construct, operate, maintain, and extend a telecommunications system in the
w City of Salina, Kansas, pursuant to K.S.A. 12-2001 et seq. A complete copy of the
ordinance is available at www.salina-ks.pov or in the office of the city clerk, 300 W.
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Ash Street, free of charge. This summary is certified by the city attorney.
' SECTION 28. Effective Date. This ordinance shall take effect and be in full force from and
after its passage by the governing body and publication of the ordinance or a summary thereof in the
official newspaper of the City.
PASSED by the Governing Body and approved by the City Commission of the City of
Salina, Kansas, this ;e day of August, 2013.
Barb ra V. Shirley, Mayor
(SEAL)
ATTEST:
64�( �1
Lieu Ann Elsey, CMC, Vity Clerk