ORDINANCE NO. 9399
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING TO MICONTINENT COMMUNICATIONS, A SOUTH DAKOTA GENERAL PARTNERSHIP, A NON-EXCLUSIVE TELECOMMUNICATIONS FRANCHISE, ESTABLISHING THE TERMS OF THE FRANCHISE CONTRACT, AND REPEALING ORDINANCE NO. 7359 AND ORDINANCE NO. 8576.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1: In accordance with K.S.A. 2016 Supp. 12-2001 et seq., and amendments thereto, the City of Lawrence, Kansas, a municipal corporation, hereby enters, by way of this ordinance, into a non-exclusive telecommunications franchise contract with Midcontinent Communications, a South Dakota general partnership, the terms of which are as follows:
FRANCHISE CONTRACT
Section 1. Definitions. For the purposes of this Franchise Contract, the following words and phrases shall have the meanings set forth herein:
(a) “City” shall mean the City of Lawrence, Kansas, a municipal corporation. References to the City shall also include, as appropriate, any and all successors and assigns.
(b) “Company” shall mean Midcontinent Communications, a South Dakota general partnership. References to the Company shall also include, as appropriate, any and all successors and assigns.
(c) “Facilities” shall mean any and all electric lines, conduits, wires, cables, pipes, poles, towers, vaults, and appliances, and all appurtenances and improvements thereto, whether above or below ground.
(d) “Gross Receipts” shall have that meaning ascribed to it at K.S.A. 12-2001(c)(6), and amendments thereto.
(e) “Public Improvement” shall mean any existing or contemplated public facility, public building, or capital improvement project, including but not limited to streets, alleys, sidewalks, sewers, water lines, drainage, Right of Way improvements, or other Public Projects.
(f) “Public Project” shall mean any project planned or undertaken by the City, or by any other governmental entity, for the construction, reconstruction, maintenance, or repair of Public Improvements or other public facilities, or for any purpose of a public nature.
(g) “Public Right of Way” shall mean only that area of real property in which the City has a dedicated or has acquired a right-of-way interest in the real property. It shall include the area on, below, or above any present and future street, alley, avenue, road, highway, parkway, boulevard, or bridge, dedicated or acquired as a right of way. The term does not include the airwaves above rights of way with regard to wireless telecommunications, other non-wire telecommunications, or broadcast service, easements obtained by utilities, or private easements in platted subdivisions or tracts.
(h) “Telecommunications Local Exchange Provider” shall have that meaning ascribed to it at K.S.A. 12-2001(c)(8), and amendments thereto.
(i) “Telecommunications” shall mean the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information transmitted or received.
(j) “Telecommunications Service” shall mean the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the Facilities or means employed.
Section 2. Grant of Franchise to the Company.
(a) Pursuant to K.S.A. 12-2001 et seq., and amendments thereto, in exchange for good and valuable consideration, the terms of which are set forth in more detail below, the City hereby grants to the Company the right, privilege, and franchise to construct, maintain, extend, and operate its Facilities in the City’s Public Rights of Way, for the purpose of providing Telecommunications Service, subject to the Company’s compliance with the terms and conditions established herein.
(b) This franchise is granted and accepted under and subject to all applicable laws and under and subject to all orders, rules, and regulations now or hereafter adopted by governmental bodies now or hereafter having jurisdiction. This franchise shall not be exclusive.
Section 3. Term. This Franchise Contract shall be effective from the Effective Date, as defined in Section 20, infra, until 11:59 p.m. on December 31, 2022. Thereafter, this Franchise Contract will automatically renew for three successive additional five-year terms, unless either party notifies the other party in writing of its intent to terminate or renegotiate this Franchise Contract, which notification must occur not less than one-hundred-eighty (180) days before the termination of the then-current term. Any successive term shall be deemed a continuation of this Franchise Contract and not a new Franchise Contract or an amendment hereto. Unless otherwise amended or terminated, this Franchise Contract will expire of its own accord at 11:59 p.m. on December 31, 2037, and in no event shall survive that date.
Section 4. Compensation to the City. As compensation for the franchise herein granted to the Company, the Company (a) shall make an accounting to the City on a monthly basis of all Gross Receipts it has derived from the sale and provision of Telecommunications Service during the preceding month and (b) shall pay to the City a Franchise Fee, which shall be a monthly sum equal to five percent (5%) of all Gross Receipts it has derived from the sale and provision of Telecommunications Service during the preceding month.
Section 5. Payment.
(a) The Company shall pay the Franchise Fee to the City monthly by electronic transfer to the City of Lawrence, Kansas, or by any other method approved by the City and the Company. Contemporaneously with each payment, the Company shall submit to the City a report, in substantially the same form as Appendix A to this Franchise Contract, which shall detail revenues from specific sources for the preceding year. The Company shall pay the Franchise Fee to the City within forty-five days of the last day of the applicable month for which the Franchise Fee is due and owing. Payments received after the due date shall be subject to a late payment charge of one percent per month.
(b) The Franchise Fee shall be in lieu of all other licenses, charges, fees, or impositions (other than the usual general or ad valorem taxes or other Temporary Right of Way Work or Use Permit Fees) which might be imposed upon the Company for the privilege of using the Public Rights of Way to provide Telecommunications Service.
Section 6. Use of Public Rights of Way. In using the Public Rights of Way, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, and other requirements affecting the use of the Public Rights of Way. The Company shall also comply with the following:
(a) The Company’s use of the Public Rights of Way shall in all matters be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect or be affected by such Public Improvements.
(b) To the extent that the Company uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive.
(c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company while engaging in any activity under this Franchise Contract shall be fully repaired or replaced to their original condition within a reasonable time by the Company at its sole cost and expense and to the reasonable satisfaction of the City.
(d) The Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the Company, without any such cost or expense to the City.
The City agrees to use any information obtained under this subsection only to locate Facilities in connection with Public Projects and further agrees not to disclose such information to anyone other than City employees and its authorized agents requiring such information to locate Facilities in connection with Public Projects, except as may otherwise be required by law. The City and the Company agree that such information is confidential and proprietary. The City and the Company also agree that such information shall remain the sole property of the Company. The City and the Company further agree that such information shall not constitute an open public record as that term is defined by the Kansas Open Records Act of 1984, codified as amended at K.S.A. 45-215 et seq. In the event that the City shall be required to disclose such information, the City shall provide the Company advance notice of its intended disclosure of such information and shall take such action as may be reasonably required to cooperate with the Company in safeguarding such information.
The Company agrees to indemnify and to hold the City harmless from any and all penalties or costs, including attorneys’ fees, arising out of the actions of the Company or of the City at the written request of the Company, in seeking to safeguard the confidentiality of information provided to the City by the Company under this section.
In the event that such information is required by law to be publicly disclosed, then the Company shall have no further obligation under this section to provide the City with such information.
(e) Except in cases of emergency or routine maintenance, a minimum of forty-eight (48) hours prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company shall submit to the Department of Public Works for approval, plans and specifications related to the proposed construction, reconstruction, location, or relocation. The City shall not unreasonably withhold, delay, or condition approval of said plans and specifications. The City’s review of the plans and specifications shall be confined to matters affecting the interests of the City.
(f) Except in cases of emergency, the Company shall notify the City not less than twenty-eight (28) days in advance of any construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the approval or denial of such authority, neither of which shall be unreasonably withheld, conditioned, or delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City.
In addition, all work performed in the traveled Public Rights of Way that, in any way, affects vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. For all work performed in the traveled Public Rights of Way, the Company shall comply with the Manual for Uniform Traffic Control Devices (MUTCD) and the City’s regulations, rules, and orders regarding the placement of signs, barricades, and other safeguards, copies of which shall, upon written request, be made available to the Company, its employees, agents, or contractors.
(g) As reasonably necessary, the Company shall relocate or adjust any of its Facilities located in a Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by the Company, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City.
(h) It shall be the sole responsibility of the Company to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near the Company’s Facilities.
(i) All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of the facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public Rights of Way shall be in compliance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed.
(j) The City shall have the authority to prohibit the Company’s use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, as defined by federal, state, or local law.
Section 7. Street Tree Ordinance. To the extent required in connection with the construction, placement, replacement, repair, maintenance, extension or operation of its Facilities in the Public Rights of Way, the Company shall comply with the provisions of the City’s Street Tree Ordinance (Chapter 18, Article 1, of the Code of the City of Lawrence, Kansas, and amendments thereto) regarding the care, pruning, trimming, and removing of trees located in or on the Public Rights of Way.
Section 8. Location of Underground Facilities and Equipment. The Company’s Facilities and equipment shall be placed underground as required by City Ordinances, including Chapter 5, Article 19 of the Code of the City of Lawrence, Kansas, and amendments thereto. Consistent with Section 5-1904(B)(iii) of the Code of the City of Lawrence, Kansas, as may be amended, however, any markers, antennas, and support structures necessary for the Company’s purposes hereunder and that are specifically approved by the City in writing shall be exempt from that requirement. Where underground construction is made, the Facilities, appurtenances and improvements thereto, and any necessary trenching shall be installed, maintained, or provided by the Company in accordance with City ordinances and at the Company’s sole cost and expense.
Nothing in this License Agreement prevents the Company from co-locating its Facilities on existing above-ground facilities with the owner’s prior written consent.
Section 9. Sharing Space. The City encourages the conservation of the Public Rights of Way by the sharing of space among all utilities. To the extent required by federal or state law, the Company shall permit any other franchised entity, by appropriate contract or agreement negotiated by the parties, to use any and all Facilities constructed by the Company. All said agreements and installations shall be subject to all future ordinances, resolutions, rules, regulations, and policies of the City. The Company agrees that it will not grant any entity the right to occupy the Public Rights of Way without first giving written notice to the City and receiving written approval of the City.
Section 10. No Authority. This Franchise Contract does not grant the Company the right or the authority to use the Public Rights of Way for any other purpose than the provision of Telecommunications Services. If the Company wishes to use the Public Rights of Way for any other purpose, it shall first negotiate and enter into a separate Franchise Contract or other agreement with the City. If the Company wishes to use the Public Rights of Way for any other purpose than the provision of Telecommunications Services, the City agrees, upon the written request of the Company, to commence negotiations in good faith with the Company within thirty (30) days of the written request therefor.
Section 11. Access to Information.
(a) The Company, in determining the amount of Gross Receipts subject to the Franchise Fee, agrees to use commercially reasonable efforts to ensure the accuracy of its records and submissions. In the event and to the extent that the accounting submitted to the City is found to be incorrect, due to the Company’s failure to use commercially reasonable efforts, then payment shall be made on the corrected amount, it being agreed that the City may accept any amount offered by the Company, but the acceptance thereof shall not be deemed a settlement, compromise, or accord and satisfaction, if the amount in dispute is later determined to be incorrect.
(b) The Company further agrees that all of its books, records, documents, contracts, and agreements, as may reasonably be necessary for an effective audit under this Ordinance, shall, upon reasonable notice being given by the City, be opened to the City, including its duly authorized agents, auditors, and employees, for inspection and examination for the purposes of verifying the Company’s accounting. The City shall bear the costs of any such audit, unless however the audit discloses that the Company owes the City money and has failed to use commercially reasonable efforts in rendering its accounting. In that case, the Company shall be responsible to the City for the reasonable costs of the audit. Notwithstanding the foregoing, the Company shall continue to have the right to require from the City reasonable protection of proprietary information.
Section 12. Insurance; Performance Bond.
(a) During the initial term, any subsequent additional term, or any other extension of this Franchise Contract, the Company shall obtain and maintain insurance coverage, at its sole cost and expense, with financially reputable insurers that are licensed to do business in the State of Kansas. Should the Company elect to use the services of an affiliated captive insurance company for this purpose, the Company shall obtain and possess a certificate of authority from the Kansas Insurance Commissioner. The Company shall provide not less than the following insurance:
(i) Worker’s compensation, as provided for under any workers’ compensation or similar law in the jurisdiction where any work is performed, with an employers’ liability limit equal to the amount required by law.
(ii) Commercial general liability, including coverage for contractual liability and products completed operations liability on an occurrence basis and not a claims-made basis, with a limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage liability. The City shall be included as an additional insured with respect to liability arising from the Company’s operations under this Franchise Contract.
(b) As an alternative to the requirements of Section 12(a), supra, the Company may demonstrate to the satisfaction of the City that it is self-insured and that it has the wherewithal to provide coverage in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in aggregate to protect the City from and against all claims by any person for loss or damage from death, personal injury, bodily injury, or property damage occasioned by Mobilitie or so alleged to have been caused or to have occurred.
(c) The Company shall, as a material condition of this Franchise Contract, prior to the commencement of any work, deliver to the City a certificate of insurance or evidence of self-insurance showing that the above-described insurance is in force and will not be cancelled or materially changed without first giving the City thirty (30) days prior written notice. The Company shall make available to the City, on request, the policy declarations page and a certified copy of the policy in effect so that limitations and exclusions can be evaluated.
(d) The Company shall, as a material condition of this Franchise Contract, prior to the commencement of any work hereunder, deliver to the City satisfactory evidence of a performance bond in the amount of Fifty Thousand Dollars ($50,000.00) payable to the City. The bond shall be used to ensure the appropriate and timely performance in the construction and maintenance of Facilities located in the Public Rights of Way, without the attachment of any liens, and must be issued by a surety company authorized to transact business in the State of Kansas and shall be satisfactory to the City Attorney in form and substance. The performance bond shall remain in effect the entire term of the Agreement to ensure the ongoing performance of the terms and obligations of the License as well as any future phases of construction or maintenance and repair work. Notwithstanding the foregoing sentence, the City reserves the right to require the Company to provide additional financial assurance for future phases of construction or maintenance and repair work, as reasonably determined by the City.
Section 13. Termination or Forfeiture of Agreement.
(a) In case of failure on the part of the Company to comply with any of the provisions of this Franchise Contract, or if the Company should do or cause to be done any act or thing prohibited by or in violation of the terms of this Franchise Contract, then the Company shall forfeit all rights and privileges granted by this Franchise Contract and all rights hereunder shall cease, terminate, and become null and void, provided that said forfeiture shall not take effect until the City shall complete the following:
(i) Before the City may proceed to terminate this Franchise Contract, it shall first serve a written notice as provided by the Notice provisions of this Franchise Contract, setting forth, in detail, the conditions of neglect, default, or failure complained of, and the Company shall have thirty (30) days after the receipt of such notice in which to comply with the conditions of this Franchise Contract. If, at the end of such thirty-day period, the City deems that the conditions of the Franchise Contract have not been met and that such Franchise Contract is subject to cancellation therefor, then the City, in order to terminate the Franchise Contract, shall by resolution, setting forth the grounds for termination, terminate this Franchise Contract. If within thirty (30) days after the effective date of said resolution, the Company shall not have instituted an action for declaratory judgment in the District Court of Douglas County, Kansas, to determine whether or not the Company has violated the terms of this Franchise Contract, then this Franchise Contact shall be deemed canceled and terminated at the end of such thirty-day period.
(ii) If, within such thirty-day period, the Company does institute an action as above described to determine whether or not it has violated the terms of this Franchise Contract and prosecutes such action to final judgment with due diligence, then, in the event that the court finds that this Franchise Contract is subject to termination by reason of the violation of its terms, then this Franchise Contract shall terminate thirty (30) days after such final judgment is rendered and available appeals have been exhausted.
(iii) Nothing in this Section shall prevent the City from invoking any other remedy that may exist at law.
(b) In the event of a final adjudication of bankruptcy of the Company under Title 11 of the United States Code, the City shall have the right, by giving written notice hereunder, to terminate this Franchise Contract.
(c) The Company may terminate this Franchise Contract at any time, with or without cause, effective at 11:59 p.m. on December 31 of the then-current year by giving notice to the City of its intent to terminate no later than 11:59 p.m. on June 30 of the then-current year.
Section 14. Indemnification. The Company shall indemnify and save and hold harmless the City, its officers, employees, agents, and authorized contractors, from and against any and all claims, damages, expense, liabilities, and costs, including reasonable attorneys’ fees, to the extent occasioned in any manner by the Company’s occupancy or use of the Public Rights of Way. In the event a claim shall be made or an action shall be instituted against the City, arising out of the Company’s occupancy or use of the Public Rights of Way, then, upon notice by the City to the Company, the Company shall assume responsibility for the defense of such claim or action at the cost of the Company, subject to the City’s unilateral option to appear and defend itself. The Company’s indemnification obligation shall not apply to the extent that any injury or damage is caused by the City’s negligence, recklessness, or willful misconduct. This indemnifying provision shall survive the termination or expiration of this Franchise Contract.
Section 15. Transfer and Assignment.
(a) Pursuant to the written permission of the City, which shall not unreasonably be withheld, conditioned, or delayed, the Company shall have the right to assign this Franchise Contract and the rights and privileges hereby granted to any person, firm, or corporation. If the Company should seek approval to assign this Franchise Contract, the Company shall notify the City in writing. Any such assignee shall, by accepting such assignment, be bound by the terms and provisions of this Franchise Contract. All such assignments shall be in writing and authenticated copies thereof shall be filed with the City Clerk and the City Attorney. This Franchise Contract shall be assignable only in accordance with the laws of the State of Kansas, as the same may exist at the time of assignment.
(b) Notwithstanding the foregoing subsection, the Company shall, after giving the City thirty (30) days’ written Notice of said assignment, have the right to assign this Agreement without the consent of the City to any parent, subsidiary, affiliate, or any person, firm, or corporation that shall control, be under the control of, or be under common control with the Company. Any such assignee shall, by accepting such assignment, be bound by the terms and provisions of this Agreement. All such assignments shall be in writing and authenticated copies thereof shall be filed with the City Clerk and the City Attorney. This Agreement shall be assignable only in accordance with the laws of the State of Kansas, as the same may exist at the time of assignment.
(c) If this Agreement is transferred or assigned, the Company’s obligations regarding indemnity, insurance, and bonding shall continue until the transferee or assignee has taken the necessary measures to assume and replace the same, the intent being that there be no lapse in coverage as a result of the transfer or assignment.
Section 16. Reservation of Rights. The City specifically reserves its right and authority, as a Customer of the Company and as a governmental entity responsible for its residents, to participate to the full extent allowed by law in proceedings concerning the Company’s rates and services to ensure the efficient provision of Telecommunications Service at reasonable rates and the maintenance of the Company’s Facilities in good repair. The Company specifically reserves its right to oppose any such position the City may take.
In granting its consent hereunder, the City does not in any manner waive its regulatory rights, any other rights and powers under the laws of the State of Kansas, as may be amended, nor any of its rights and powers under the ordinances, present or future, of the City.
Section 17. Notices. All notices, requests, demands, or other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or by a recognized overnight delivery service, to the following addresses:
If to City, to:
City of Lawrence, Kansas
Attn: City Clerk
6 East 6th Street
P.O. Box 708
Lawrence, Kansas 66044
With a copy to:
City of Lawrence, Kansas
Attn: City Attorney
6 East 6th Street
P.O. Box 708
Lawrence, Kansas 66044
If to the Company, to:
Midco
Attn: Nancy Vogel
3901 N. Louis Ave.
Sioux Falls, South Dakota 57101
With a copy to:
Midco
Attn: General Counsel
3901 N. Louis Ave.
Sioux Falls, South Dakota 57101
Any such Notice shall be deemed effective upon actual receipt or refusal of receipt as shown on any return receipt obtained under this Section.
Section 18. Non-waiver. The failure of either the City or the Company to insist in any one or more instances upon the strict performance of one or more of the terms or provisions of this Franchise Contract shall not be construed as a waiver or relinquishment of any right in the future to enforce such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment of any term or provision of this Franchise Contract shall be deemed to have been made by the City or the Company, unless said waiver or relinquishment is in writing and signed by both the City and the Company.
Section 19. Force Majeure. No party shall be liable for any failure to perform its obligations where such failure is a result of acts of God, fire, strikes, riots, floods, war, and other disasters or events beyond the City’s or the Company’s reasonable control.
Section 20. Effectiveness. This Ordinance shall become effective and be in full force as a binding contract between the City and the Company from and after the following: (a) the ordinance has been approved and accepted by the Company in accordance with Section 24, infra; and (b) the passage and publication of the Ordinance as required by law.
Section 21. Publication Costs. The Company shall be responsible for all publication costs of this Ordinance and Franchise Contract.
Section 22. Severability. If any provision, section, or subsection of this Franchise Contract or the application thereof to any person or circumstances is declared invalid by a competent court of law, such invalidity shall not affect other provisions, sections, subsections, or applications of this Franchise Contract that can be given effect without the invalid provision, section, subsection, or application, and to this end the provisions, sections, subsection, or applications of this Franchise Contract are hereby declared to the severable.
Section 23. Governing Law. The terms of this License Agreement shall be governed by the laws of the State of Kansas.
Section 24. Company Acceptance. The Company shall, within sixty days after the final publication of this ordinance in the official City newspaper, file with the City Clerk its written acceptance of all terms, conditions, and provision of this ordinance. The acceptance of this ordinance shall be in writing, shall be acknowledged before an officer authorized by law to administer oaths, and, when accepted by the City, shall constitute a contract between the City and the Company. Failure to abide by any terms of this paragraph shall render this ordinance and Franchise Contract null and void.
SECTION 2. Existing Ordinance No. 6450 and Ordinance No. 8030 are hereby repealed, it being the intent of the Governing Body that the provisions of this ordinance supersede them.
SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.
SECTION 4. This ordinance shall be in full force and effect from and after its passage, publication, and receipt of the Company’s written acceptance, as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of October, 2017.
APPROVED:
________________________________
Leslie Soden
Mayor
ATTEST:
__________________________________
Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish once and return Proofs of Publication to the City Clerk and to the City Attorney.