AN ORDINANCE GRANTING TO MEK COMMUNICATIONS, THEIR SUCCESSORS AND ASSIGNS, HEREINAFTER REFERRED TO AS GRANTEE, FOR A TERM OF 20 YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHISE TO ESTABLISH CONSTRUCT, ACQUIRE, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY OF HARVEYVILLE, KANSAS. TO RENDER FURNISH, FURNISH, SELL AND DISTRIBUTE TELEVISION, RADIO AND ENTERTAINMENT PROGRAMS WITHIN THE CITY AND ENVIRONS THEREOF, AND TO USE AND OCCUPY THE STREETS, ALLEYS, EASEMENTS AND OTHER PUBLIC PLACES OF THE CITY AS MAY BE NECESSARY TO CONSTRUCT THE SYSTEM.

Section 1. The there is hereby granted to MEK Communications for the full term of 20 years from the date hereof, the non-exclusive right, power, authority and franchise to establish, construct, acquire, maintain and operate a Community Antenna Television system with the City of Harveyville, herein called the city, to render, furnish, sell and distribute television signals and programs and entertainment for all purposes to the inhabitants of the city and its environs; and to use and occupy the streets, alleys, easements and other public places of the city as the same now exist or may hereafter exist, for the grantee’s community television system, including the right to enter and construct, erect, locate, and relocate, repair and rebuild in, on, under, along, over and across the streets, alleys, easements and other public conduits and other facilities owned, leased or otherwise used by the grantee for the furnishing of a Community Antenna Television service within the city and environs thereof during the continuance of the franchise hereby granted. The grantee shall provide service to any subscriber desiring the same with the franchise boundaries.

Section 2. (a)          The grantee’s transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with any improvements the city may deem proper to make, or to hinder unnecessarily or obstruct the free public use of the streets, alleys, easements, bridges or other public property. The grantee’s transmission and distribution system shall in no way interfere with other public utilities now in existence and in operation, nor will it interfere with the continued operations of the public utilities.

(b)   The grantee shall have the right to set, erect, Install and maintain his or her own poles for the mounting of his or her amplifiers, cable and appurtenances; provided, that the grantee shall keep and maintain a complete set of maps showing the location of all such poles and that the city shall be provided with a copy of this map, the map to be kept up to date and accurate at all times, such updating to be the responsibility of the grantee; provided further, that grantee shall make every reasonable available effort to utilize existing poles where possible.

(c)   In the maintenance and operation of his or her transmission and distribution system in the streets, alleys, easements and other public places and in the course of any new construction or addition to his or her facilities, the grantee shall proceed so as to cause the least possible inconvenience to the general public. All excavations shall be properly guarded and protected and shall be replaced and the surface restored in a good condition promptly after completion of such work. The grantee shall at all times comply with any and all rules and regulations which the city has made or makes applying to the public generally with reference to the removal or replacement of pavement and to excavations in the streets and other public places.

Section 3. The grantee shall have the authority to promulgate such rules, regulations, terms and conditions for his or her business as shall be reasonably necessary to enable the grantee to exercise the rights and perform the services under this franchise, and to assure uninterrupted services under this franchise, and to assure uninterrupted service to each and all customers. The grantee shall have the right and power to fix, charge, collect and receive reasonable fees for the Community Antenna Television service provided, however, grantee shall file with the city a schedule of his or her proposed rate and charges for his or her proposed services prior to commencement of activities under this ordinance, which the rates and charges shall be subject to the approval by the governing body of the city; provided further such rates and charges shall be maximum rates for such services and shall not be exceeded during the term of this ordinance without first obtaining approval of the governing body of the city, which approval shall not be unreasonable withheld.

Section 4. 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.

Section 5. In the event that the city shall lawfully elect to change or alter the location or grade of any street, alley, easement or other public place, or change or relocate or replace its utility poles at any time during the existence of this franchise, the grantee shall, upon reasonable notice given by the city, remove, relay and-or relocate any system installation affected by such change at grantee’s expense.

Section 6. Grantee shall, upon the request of any person holding a building or moving permit, temporarily raise or lower his wires to permit the moving of buildings and other structures. The actual and necessary expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall be given not less than 48 hours notice to arrange for such temporary changes.

Section 7. Grantee shall have the authority to trim trees upon the overhanging streets, alleys, sidewalks and public places and easements of the city so as to prevent the branches of such trees from coming in contact with the wires, cables and appurtenances of the grantee, all trimming to be done under the supervision and direction of the city and by and at the expense of the grantee.

Section 8. The grantee shall, at alt times during the existence of this franchise, be subject to all lawful exercise of the police power by the city and to such reasonable regulations as the city shall hereafter by ordinance or resolution provide.

Section 9. The grantee shall pay to the city on or before January 20 of each year, a three percent franchise fee based on gross annual subscriber revenues received for cable television operations in the city for the preceding 12 months. Gross annual subscriber revenue shall consist only of service charges authorized by this franchise or amendments hereto, but not including installation, pay services and similar charges. The grantee shall make his or her full books of accounting and records available for inspection by an authorized agent of the city. No other fee, charge or consideration shall be imposed. At the time of each payment due hereunder, the grantee shall provide to the city an annual summary report showing gross annual subscriber revenues received during the preceding year.

Section 10. The city reserves the right to establish and administer a hearing board wherein any citizen of the city who has reasonably requested service from the grantee and who has not been afforded such service by the grantee, can be heard. The city further reserves the right to require, if after due process hearing it appears so warranted, that the grantee correct or improve any operating deficiencies in his or her service to a subscriber to his service; or to provide initial service to such citizen of the city. And that after 30 days time the quality of the existing service or new service has not been initiated as directed by the appropriate city board, the city reserves the right to terminate this franchise and rescind all rights, powers and privileges herein granted.

Section 11. It is expressly understood by and between the grantee and the city that grantee shall defend the city from any claim, demand or suit whatsoever resulting from the alleged negligence on the part of the grantee in the construction, operation or maintenance of this system in the city and shall hold 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 his or her system. For this purpose the grantee shall maintain bodily injury, liability insurance in an amount not less than $300,000 for any one person and $500,000. Upon obtaining such insurance, the grantee shall submit to the city certificates from all companies insuring the grantee showing that the grantee is properly insured for all liabilities as required above and that no such insurance will be canceled or changed except after 30 days notice to the city.

Section 12. The city reserves the right to terminate this agreement and rescind all rights and authorities herein granted for just cause.

Section 13. All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the effective date of this ordinance.

Section 14. 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 of the rights, powers, authorities, grants and privileges secured by this ordinance to the grantee shall be held to inure to the benefit of the grantee, and all successors, lessees and assigns of the grantee.

Section 15. The grantee may renew the franchise for an additional 20 year term, subject to all provisions of the franchise as amended, in the event that the service provided under the franchise has been reasonable and satisfactorily provided by the franchise.

Section 16. If any portion of this ordinance shall be found to be at variance with the Rules and Regulations of the Federal Communications Commission, as presently constituted, or as hereafter enacted, this ordinance shall be modified within one year of the effective date of such Federal Communications Commission as they pertain to the regulation of a cable television system; and the grantee shall in turn be required to operate under this ordinance as hereafter constituted as it may be redrawn to conform with applicable Rules and Regulations of the Federal Communications Commission.

Section 17. The grantee shall assume the costs of publication of this franchise as such publication is required by law and such is payable upon the grantee’s filing of acceptance of franchise.

Section 18. In the event of failure of the grantee to complete construction of the system within six months from the enactment of this ordinance, the city shall have the right, on reasonable notice to the grantee, to declare this ordinance and rights of franchise granted hereunder forfeited.

(04-02-1984; Renewed by Ords. 273 and 282)