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,
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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,
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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
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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-
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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.
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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
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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
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Attest:
City Cle-Wr
E
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