AN ORDINANCE GRANTING TO KANSAS CITY CABLE PARTNERS (A COLORADO GENERAL PARTNERSHIP), FOR A TERM OF 15 YEARS, THE RIGHT, AUTHORITY, POWER, PRIVILEGE AND PERMISSION TO OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF BONNER SPRINGS, KANSAS, AND TO USE AND OCCUPY THE STREETS AND OTHER PUBLIC PLACES AND WAYS OF THE CITY FOR SUCH CABLE TELEVISION SYSTEM, AND PROVIDING FOR PAYMENT OF A FEE FOR SUCH USE AND OCCUPANCY.

Section 1. That there is hereby granted to Kansas City Cable Partners (Colorado) a general partnership duly authorized to do business in the State of Kansas, and doing business as American Cablevision of Bonner Springs, (hereinafter called “grantee”) for a full term of 15 years from the date hereof, the right, authority, power, and permission to establish, acquire, maintain and operate a cable television system within the City of Bonner Springs (hereinafter called the “city”) and to furnish, render and sell cable television services to the residents of the City, and to use and occupy the streets and other public places within the corporate limits of the City, as the same may now exist or hereafter exist, for its cable system, including the right to enter and construct, erect, locate, repair and rebuild on, in, under, along, over and across the streets, alleys, avenues, parkways, lanes, bridges and other public places of City, all towers, poles, cables, amplifiers, conduits and other facilities owned, leased and otherwise used by grantee for the furnishing of a cable system.

Section 2. The right to use and occupy the streets and other public places and ways of the City shall not be exclusive and the City reserves the right to grant a similar use of the streets and other public places and ways at any time during the term of this ordinance or any extensions or renewals thereof.

Section 3. The City reserves the right, either administratively or by ordinance, to establish regulations from time to time on the erection, construction or installation of any facilities by the grantee and the right to designate where such facilities are to be placed within the streets and other public places and ways, so long as such requirements constitute a reasonable exercise of the City’s general police power.

Section 4. Whenever because of public necessity or the welfare of the public generally, a change of grade, regrading or widening of streets, alleys and avenues, construction or reconstruction of water lines, sanitary and storm sewers, conduits, drainage ditches, watercourses, playgrounds, traffic control devices or other public improvements are made by the City. Grantee shall, at its own expense and upon written request from the City, remove, relay and relocate its poles, wires, cables, conduits and other fixtures which interfere with or obstruct such public improvements.

Section 5. In consideration for the rights, powers, privileges, permission and authority hereby granted, and as compensation to the City for use of its streets and other public places and ways, grantee shall pay to the City an annual amount equal to five percent of its gross annual revenue in the manner provided in the franchise agreements between City and grantee.

Section 6. The franchise agreement between City and grantee is hereby incorporated into this ordinance by reference.

Section 7. Grantee shall not transfer this license to another person without prior approval of the City.

(12‑21‑1987)