Appendix B · Franchises

ORDINANCE NO. 7-501A

AN ORDINANCE RELATING TO A CABLE TELEVISION SYSTEM AND SERVICES IN THE CITY OF NORTONVILLE, KANSAS, AND GRANTING A NON-EXCLUSIVE FRANCHISE TO CLR VIDEO, L.L.C., A KANSAS LIMITED LIABILITY COMPANY, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM AND SERVICE WITHIN THE CITY OF NORTONVILLE, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NORTONVILLE, KANSAS:

Section 1. Authority. This ordinance is passed and approved by the City Council of the City of Nortonville, Kansas and enacted pursuant to the laws of the State of Kansas.

Section 2. Franchise Grant. Pursuant to law, a non-exclusive franchise is granted to CLR Video, L.L.C., a Kansas limited liability company, to construct, own and operate a cable television system in the City of Nortonville, Kansas. Said non-exclusive franchise is granted for a period of twenty (20) years, and shall vest all rights, privileges and immunities of a cable system with CLR Video, L.L.C., however, said non-exclusive franchise shall be subject to and conditional upon all the terms, duties and obligations found in the laws of the State of Kansas, rules and regulations of the Federal Communications Commission and of this ordinance.

Section 3. Rights Conferred by Franchise. (a) This ordinance confers upon the Grantee, the non-exclusive right, authority, power and franchise to establish, construct, acquire, own, operate and maintain a cable television system within the City, and to render, furnish and sell such service to the inhabitants of the City and its environs and to use and occupy the streets and other public places within the corporate limits of the City as the same now exists or may hereafter exist for its cable television system, including the right to enter and construct, erect, locate, relocate, repair, and rebuild, in, on, under, along, over, and across the streets, alleys, avenues, parkways, lanes, bridges, to make use of all land dedicated or acquired for public use and locations approved by the City Engineer, and other public places in the City, for all towers, poles, cables, amplifiers, conduits, and other facilities owned, leased, or otherwise used by Grantee for the furnishing of cable television service within the City during the continuance of the franchise hereby granted, and in accordance with the laws and regulations of the United States of America, the State of Kansas and ordinances and regulations of the City of Nortonville, Kansas.

(b)The poles used for the Grantee’s distribution system shall be those erected and maintained by anyone authorized to maintain poles in the streets or public ways when and where practicable. It is contemplated that reasonable standard pole attachment agreements will be entered into. Grantee is specifically granted the right to set its own poles in the event reasonable joint use is not possible or feasible. In any areas where electric and telephone utilities are now underground and in any new subdivisions or new additions where said utilities are underground, the Grantee will lay its cable underground.

(c)The City reserves the right of reasonable regulation of the erection, construction or installation of any facilities by the Grantee and to reasonably designate where such facilities are to be placed within the public ways and places.

(d)The installation of the cable system shall be in accordance with the requirements of the National Electric Safety Code of the American Insurance Association, latest edition, all applicable laws, ordinances, rules and regulations of the FCC, the State of Kansas, and of the City affecting electrical installations and buildings, now or hereafter in effect.

(e)The Grantee, subject to the rights of adjoining property owners, at its expense, shall have the authority to trim trees upon overhanging streets, alley, sidewalks and other public places of the City so as to prevent the branches of such trees from coming into contact with the wires and cables of Grantee, all trimming to be done under the supervision and direction of the City.

(f)The Grantee shall at is expense protect, support, temporarily disconnect, relocate or remove any property of the Grantee located upon streets, rights of way and easements of the City, when required by the City because of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines and tracks or any other type of structure or improvement by the City, if the Grantee fails to do so, the City may cause the necessary work to be completed and Grantee shall pay the City the cost thereof within ten (IO) days after receipt of an itemized account of such cost.

Section 4. Re-location of Property. The Grantee, at the request of any person holding a permit issued by the City, shall temporarily remove, raise or lower its wires or cables to permit the moving of buildings or equipment. The expense of such temporary removal, raising or lowering shall be paid by the person requesting the same, and the Grantee may require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire or cable change.

Section 5. Rates and Charges. (a) All rates and charges made by the Grantee for its services shall be fair, reasonable, just and uniform.

(b)Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall reasonably be necessary to enable the Grantee to exercise its rights and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers.

Section 6. Indemnifications. The Grantee agrees to hold and save said City harmless from any and all liability that may arise out of the construction, maintenance, operation or use of Grantee’s system and works and the providing of such services and to provide and keep in force adequate liability insurance therefore, to the extent of bodily injury limits of $500,000-$500,000 and a property damage limit of $300,000-$300,000, naming the City as an additional insured, as its interest may appear. Grantee shall also provide and maintain insurance under a Broad Form Automobile policy with $100,000-$300,000, $100,000 coverage limits and Workers Compensation insurance with state statutory limits. All insurance shall be issued by a company authorized to do business in the State and shall be provided before the Grantee, its successors or assigns thereof, shall commence the construction or other operations mentioned in this section. The City shall notify the Grantee, its representative or employee in the City, if any, within ten (10) days after presentation of any demand or claim that may arise, whether by suit or otherwise, against the City. Grantee shall maintain on file with the City Clerk at all times a current certificate of insurance. All insurance policies shall, if possible, provide for not less than thirty (30) days’ notice of cancellations.

Section 7. Payment to City. In consideration of the rights, privileges, and franchise hereby granted, and as compensation to the City for the use of its public ways and places by the Grantee, and to properly regulate the activities of Grantee, the Grantee shall, on or before the last day of January and the last day of July of each year to which this franchise is effective, pay to the City a sum equal to three percent (3%) of the subscriber revenues for basic cable television service within the then existing corporate limits of the City for the preceding six-month period ending on the last day of December and the last day of June, respectively. The books of Grantee shall be open to inspection by the City at all reasonable times to verify the accuracy of the computation and correctness of the report which shall accompany payment. Grantee shall keep books and records pursuant to established practices using generally accepted auditing procedures.

Section 8. Franchise Termination. The City may terminate the franchise and all rights therein granted in the event the Grantee or the successors or assigns thereof shall fail to comply with any of the terms and conditions of the ordinance. The City may exercise such right of termination by mailing notice thereof by registered mail to Grantee, unless within thirty (30) days after such mailing, full compliance with the terms and provisions of the ordinance has been effected.

Section 9. Publication Costs. The Grantee will pay to the City a sum to cover the ordinance publication costs when presented with the bill by the City.

Section 10. Local Office or Agent. Grantee shall maintain a local office, agent, or means whereby residents of the City may leave messages, complaints or requests for service or repairs or adjustments may be received by Grantee at any time during normal business hours, all without any toll charges to any resident or customer.

Section 11. Complimentary Service. The Grantee shall provide without charge one (1) outlet of basic service to the City’s public library. Grantee shall also provide without charge, over the same outlet, Internet hookup when available. The City shall hold Grantee harmless from any and all liability or claims arising out of their use of such outlet, including but not limited to, those arising from copyright liability.

Section 12. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The City declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared illegal, invalid or unconstitutional. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect the consideration or other obligation required of Grantee by the franchise granted hereunder.

(07-11-2000)