APPENDIX B – FRANCHISESAPPENDIX B – FRANCHISES\ORDINANCE NO. 887 (TELECOM)

AN ORDINANCE GRANTING MOKAN DIAL, INC. A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A TELEPHONE FRANCHISE, PRESCRIBING THE TERMS AND CONDITIONS THEREOF, AND RELATING THERETO, AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR CONFLICTING WITH THE TERMS THEREOF.

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

SECTION 1. That in consideration of the benefits to be derived by the City of Louisburg, Kansas, and its inhabitants, it is hereby granted to MoKan Dial, Inc. hereinafter designated as “Grantee”, said Grantee being a Kansas Corporation, the right, privilege, and authority for a period of ten (10) years from the effective date of this Ordinance, to occupy and use the present and future streets, avenues, alleys, and other public places of said city and such future annexed areas for the placing and maintaining of telephone lines, together with all necessary and desirable appurtenances, including underground conduits, poles, towers, wires, and other appurtenances, necessary to carry on the business of a telephone public utility and render telephone services to the City of Louisburg, Kansas, its inhabitants and persons and corporations beyond the limits thereof, and through said city and beyond the limits thereof, and to do all things necessary or proper to carry on said business of a telephone public utility.

SECTION 2. Payment to the city. That the Grantee, its successors or assigns, from and after the effective date of this Ordinance, shall, as consideration for this franchise and in lieu of any city, occupation, excise, revenue or license tax, pay monthly into the Treasury of the City of Louisburg, Kansas, 5% of its gross receipts from its local exchange tariff to subscribers within the limits of the City of Louisburg, Kansas, and at such time shall furnish to the City of Louisburg, a statement showing its total gross receipts from the local exchange tariff to subscribers within the limits of the City during said period. The governing body of said City shall have a right to examine the books and records of the Grantee sufficient to verify said statement.

SECTION 3. That the Grantee, its successors and assigns, in the construction, maintenance and operation of its telephone system shall use all reasonable and proper precaution to avoid damage or injury to persons or property and shall hold and save harmless the City of Louisburg, Kansas, from any and all damages, injury and expense caused by the sole negligence of said Grantee, its successors and assigns or its or their agents or servants.

SECTION 4. That within sixty (60) days from and after the passage and approval of said Ordinance, said Grantee shall file with the City Clerk of Louisburg, Kansas, its unconditional written acceptance of this Ordinance.

SECTION 5. That any and all ordinances in conflict with the terms hereof are hereby repealed.

SECTION 6. That this Ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their Successors and assigns, from and after its passage, approval, publication as required by law, and acceptance by Grantee.

SECTION 7. That this franchise is granted pursuant to the provisions of Section 12-2001 K.S.A.

(04-05-2005)