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6291 Cable FranchiseORDINANCE NO. 6291 q AN ORDIKANCL OF THE CITY OF &kLINks KANSAS, GRANTING CABLE T. V. SYSTEMS, INC. ITS SUCCESSORS, LESSEES, AND ASWSI=S FOR A TERM OF T1*TNTY (20) YEARS* T19 RIGHT AUTHORITY, P M7R AND FRANCHISE TO ESTABLISH, '(;T -e,cQuih MAINTAIN AND OPERATE A COHMNITY ANTENNAE kND CLIUSEb.-CIRCUIT k1ZHMZi1C, SYSTEM WITHIN THE CITY OF Si.LM, IU.NSASg TO RENDER, FURNISH, AND SELL COWMITY ,kNMNW,L AM CLOSED-CIRCUIT LLECTRCNIC SERVICE TfiEREFROM WITHIN THL CITY OF b"INA, KtNSAS, AND ENVIRONS THEREOF, i,ND TG USE AND CCCUPY THE STREETS AND OTHER PUBLIC PLKCES CF THL CITY OF SALI' KAN&kSj FOR SUCH COMMUNITY 11n! AE i,ND CLCSLD-CIRCUIT LUCTRGINIC SYSTEM. DL IT GRD&',INLD ay-rr, -rw-iwimrs Buy T14-ir, I - CITY Or, 6i)LIN)'%, KANSi-,;o: Secti-a 1. Zieice is icier6w­y Granted to Cable T. V. Systems, Inc. duly <.:UL--.,urjizetb L. d-1 L)usitjass in t St. to Kans.La 3, k uccessors., (iiereinzfLer colle," t. -e 'Grantee:'') and to tae Gr,,�nteels a lesscles, asi,;ns, ic --..,e term �f twent;, f2u) ye,-rs it An tae date ..,creoi, tae nen-excluaiie o%.r er i;n4i frenc.aise v, estEblisri, construct, i-equire, w. --,int. --.!n, nrl )i)erbte e 'Communit,,/ . ntenn,-.e and Clused-Circuit Electronic oriyst6AU 4AiL.iill tIC City of SwJin,4, K;Alls",S, (,­.ereiw_iter colled t-rie Cit'j,"), to render, f,trnis", ,.-,nd sell community nt:enncc and closed- circ,,� it electronic ser ,,�ice Afr,_m sucii system to th.e in; wbit 4,ntS --,,f tle Cit.; -no' its envirins, n,-, to use zn,'L tae atreets �.nd :,tiaer p'uL.1ic j)l4;Ce5 ,witAin tZle limitf; of titie City os titer sEme nU: C­xist jr may aererfter exist for its cccamunity ntennve and :Jused-circuit elec- tronic --y tete, inclufjin6,we ri&at L� enter ^ntc,.)nstruct, erect, locate, reloccite, repair 42nd rebuild in, on, under, flun-, over end ti -ie streets, c.1le, ys, ­,renues, p&rkwt-,ys, lines, bridges .:nd otaer public ple-zes ur tic City, t` ll towers, les, ..ables, 2 n - isempli:ciers, c,,nduits k-,.nci otuter 1,� cilities owner leesec, r u�._elw useci by tt-,e Grantee for t,,e iurnisain- c,Awonity ntenw;e and closeet-eirc,,?it electrunic service wit�iin tae City &nl environs tiieroof during tie c,�ntinuance of tae frcncitise 4ereby 6ranted. Section 2. Any pavements, sidewalks, or ciklzri)in�, taken up or tiny end excevations made by ti-te Grantee oe oone 1 under the supervision and direction of tao governing body of tiie City under permits issued for work by tao proper officials of the City and anall be made and done in such manner as to ,give tao least inconvenience to ttie inhabitants of tae City and the public generally, and all such pavements, sidewalks, curbing, aad excava- tions shall be replaced and repal;r.ed in as good condition as before, with all convenient speed, by and at tract expense of Vie Grantee, wraicll Gall at ell times make and keep full and complete plats, maps, and records *"owing the enact locations of its facilities located within the public wrfys of the City. Tile Grantee shell not place pales or other fixtures wiaere the same will interfere with any gas, electric or telephone fixtures, water iaydrants or mains, end all suc► pales or other fixtures placed in any street smell be placed et the outer edge of the sidewalk and inside t"e curb line, and ttaose placed in alleys shall be placed close to the line of tree lot -abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, elleys and public ways. Section 3. it is expressly understood and agreed by and be- tween tae Grantee a.nd the City t"att the Grantee shall save the City harmless from all lass sustained by tree City on account of any suit, judgment, execution, claim, or demand wiaatsoever, result- in�, from negligence on tine part of the Grantee in the construction, operation or maintenance of its electric system in the City. The City shall notify the Grantee's representative in tie City within fifteen (15) days after txie presentation of any claim or demand, either :by suit or otherwise, made against tue City on account of any negligence as aforesaid un ttie part of trio Grantee. Section 4. The Grantee saall nave the authority to promul- gate such rules, regulations, teras and conditions of its business as aaall be reasonably necessary to enable tree Grantee to exercise its rie.pts and perform its services under this franchise and to assure cn uninterrupted service to each and all of its customers. Tit* Grantee shrill have Vie rigiat and power to fix, ctxarge, collect, and receive reasonable rates for community antennae and closed- -2- -3- circuit electronic service furnisned within the corporate limits of the City, provided tnat the governing body of the City reserves vie right, at all times during tao existence of tais franchises to fix and determine maximum rates to be charged the City and its inhabitants by we Grantee to the "tent tiwt tate low provide* for such right,,,powor,, and authority by tit* City. Section 5. The City reserves tragi right of reasonable regula- tion of the erect on, construction, or installation of any facili- ties by tao Grantee and to reasonably designate whore sucLi facili- ties are to be placed within the public ways end places. Section 6. Tae Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by ta* person requesting the acme, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not lose than forty-eight hours' advance notice to arrange for sucti temporary wire changes. Section 7. Zia Grant** shall have the authority to trim trees upon and ovevianging streets, alleys, sidewalks and public places of the City so as to prevent the branches of succi trees from coming in contact with the wires and cables of the Grantee, all trimming to be done under the supervision and direction sof the City and at ttie expense of the Grantee. Section 8. In the event tiiot at any time during the period of ti-iis franchise tae City shall lawfully elect to alter, or change the grade of, any street, alloy or other public way, the Grantee, upcn reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes and cutter toloplaone fixtures zit its ovm expense. Section 9. The Grantee sk-tall, at all times during the life of this franchise, be subject to all lawful exercise of tiie police power by the City, and to such reasonable regulation as the City shall aereaftor by resolution or ordinance pro -vide. -3- Section 10. In consideration for the rights, privileges, and franchise hereby granted, end as compensation to the City for the use of its public ways and places by the Grantee, and in lieu of all occupation and license taxes, the Grantee stall, on or be- fore the let day of January of each year pay to the City the sum of $25.00 C.nd shall on or before the last day cf January and the last day of July each year in which this franc::iise is effective, pay to the City a sum equal to A e % of the gross receipts from the sale u€ community antennae and closed-circuit electronic service within the then existing corporate limits of the City for the preceding six (6) month period ending on the last day of December and the last day of June, respectively. The term 'gross receipts" as applied to sales of community antennae and closed-circuit electronic service, as used in this section, shall include service sold for domestic or residential consumption, and service for commercial or indus- trial consumption but shall not include service to educational institutions not operating for profit, churches and charitable institutions, as such users are construed by the United States Department of Internal Revenue Sexvice under the Revenue Act of 1932, as amended. Section 11. The City reserves the exclusive right to terminate this franchise and rescind all rights, powers, privileges and authority aer*Ln granted by written notice to the Grantee if the Grantee has not commenced construction of a community antennae and closed-circuit electronics system within three years from the date of final passage of this ordinance. Section 12. All ordinances and parts of ordinances in conflict herewith are rLereby repealed as of the effective date of this ordinance. Section 13. All provisions of this ordinance shall be binding upon the Grantee and all successors, lessees, and assigns of the Grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants, and privileges secured by this -4- 11 ordinance to the Grantee shall be veld to inure to the benefit of the Grantee and all successors, losses*, and assigns of the Grantee. Section 14. The franchise herein granted shall be subject to all of tiie provisions of Section 12-2001 uthe 1951 Supplement to tore General Statutes of Kansas for 1949. Section 15. This ordinance shall not take effect unless and until the same shall have been read in full at tares (3) regular meetings of the governi% b,.Ay of ti*e City and immedirtely taers- after published in tite official City paper once a week for taree (3) consecutive weeks and until sixty (60) days from tae date of its finel passage, and been scall take effect only in conformity witi, the laws of the State of Kansas. tressed i�nd eppro,,ed this 2 day of December 1958. 1st reading November 18th, 1958 2nd reading November 25th, 1958 3rd reading December 2. 1958 I Attest: City Cle-Wr E -5- yor