AN ORDINANCE GRANTING THE FRANCHISE, PRIVILEGES AND RIGHTS TO WILDFLOWER TELECOMMUNICATIONS, LLC, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ACQUIRE, OPERATE AND MAINTAIN A COMMUNICATIONS SYSTEM IN THE CITY OF STAFFORD, KANSAS, AND TO USE THE STREETS, ROADS, ALLEYS, POLES, AND OTHER PUBLIC PLACES WITHIN SAID CITY FOR SUCH PURPOSES.

Be it Ordained by the Governing Body of the City of Stafford, of the State of Kansas that:

SECTION I. Wildflower Telecommunications, LLC DBA IdeaTek Communications, its successors and assigns (herein referred to as “Wildflower”) shall operate its communications system and all business incidental to or connected with conducting of a communications business and system in the City of Stafford, State of Kansas, (herein referred to as “City”). The plant construction and appurtenances used in or incident to the provision of communication services and to the maintenance of a communication business and system by Wildflower in said City shall be subject to such changes as may be considered necessary by the City in the exercise of its inherent powers and Wildflower shall exercise its right to place, remove, construct, and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require along, across, on, over, through, above and under all the public streets avenues, alleys, bridges and the public grounds and places within the limits of said City as the same from time to time may be established.

SECTION 2. Wildflower, on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and Wildflower may require such payment in advance. Wildflower shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.

SECTION 3. Permission is hereby granted to the Wildflower to trim trees upon and overhanging streets, alleys, sidewalks and public places of said City so as to prevent the branches of such trees from coming in contact with the wires and cables of Wildflower, all the said trimming upon request by the City will be done under the supervision and direction of any city official to whom said duties have been or may be delegated.

SECTION 4. Permission is hereby granted to Wildflower to make all necessary excavations in the public streets, roads, alleys, sidewalks or other public places, all in accordance with the ordinances applicable to such excavations by public utilities or others securing such permission.

SECTION 5. Wildflower agrees to pay to the City as full compensation for granting the rights and privileges herein a 5% fee per access line as set out in K.S.A. 12-2001(j), and amendments thereto for local exchange service fees rendered wholly within the corporate limits of the City. Payment will be made on a quarterly basis.

SECTION 6. Permission is hereby granted to permit any telephone, electric light, or power wire attachments by the City or Wildflower, on the poles of the other which must follow guidelines set forth in the National Electric Safety Code (NESC).

SECTION 7. As required in K.S.A. 12-2001(e), nothing herein contained shall be construed as giving to Wildflower any exclusive privileges, nor shall it affect any prior or existing rights of Wildflower to maintain a communications system within the City.

SECTION 8. The term of this ordinance shall be for five (5) years from the date on which it takes effect. Thereafter, this franchise will renew for one (1) additional five (5) year term, unless either party notifies the other party of its intent to terminate or renegotiate the franchise at least one hundred and eighty (180) days before the termination of the then current term. After ten (10) years, this franchise shall renew for additional one (1) year terms until either party notifies the other party of its intent to terminate or renegotiate the franchise at least one hundred and eighty (180) days before the termination of the then current term. An additional term shall be deemed a continuation of this franchise and not as a new franchise or amendment.

SECTION 9. Wildflower agrees that upon written request, no more than once per calendar year, and only if the same written request is made to all other City franchise holders, that it will provide to the City or its authorized representative those records necessary to verify the correctness of the compensation paid pursuant to this contract franchise ordinance.

SECTION 10. Liability and Indemnification The City, its officers and employees shall not be liable for any liability of Wildflower, any Affiliated Person or any other Person, arising out of or in connection with the construction, operation, maintenance, repair, upgrade or removal of, or other action or event with respect to, the System, any Service Related Activity, or the distribution of any Service over the System. Wildflower shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of Wildflower, any agent, officer, director, representative, employee, affiliate or subcontractor of Wildflower, or its respective officers, agents, employees, directors or representatives, while installing, repairing or maintaining Facilities in the Public right-of-way.

SECTION 11 Insurance.

During the term of this Contract franchise, Wildflower shall obtain and maintain insurance coverage at its sole expense, with financially reputable insurers that are licensed to do business in the State of Kansas. Wildflower shall provide not less than the following insurance:

(1)   Workers’ compensation as provided for pursuant to the laws of the state of Kansas with an employers’ liability limit equal to the amount required by law.

(2)   Commercial general liability, including coverage for contractual liability and products completed operations liability on an occurrence basis and not a claims made basis, with an aggregate limit of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage liability. Upon request, the City shall be included as an additional insured with respect to liability arising from Wildflower’ s operations under this Contract franchise.

SECTION 12. Restoration of Public Ways. If during the course of Company’s construction, operation, or maintenance of the Cable Systems there occurs a disturbance of any Public Way by Company, it shall, at its expense, replace and restore such Public Way to a condition reasonable comparable to the condition of the Public Way existing immediately prior to such disturbance.

(09-24-2012)