Newspaper Archive of
The Superior Express
Superior, Nebraska
November 6, 2003     The Superior Express
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November 6, 2003

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4B THE SUPERIOR EXPRESS Thursday, November 6, 2O03 modification of the provisions of the unless or until the city council pro- such fashion as directed by the city l lllll i i I f IIor fight-of-ways as shall be now held federal franchise standards resulting rides written notice to grantee, and superintendent. Article XVI [ogall or hereafter held by the City of Burr from an amendment of the standards grantee is given at least 30 days to cure Section 4: Tree Trimming. Grantee Misaellaneous ProvisionsaqlL el Public Notices by the Federal Communications Com- anyallegedbreachofArticleIVherein, shall have authority to trim trees upon Section 1: SupercedesPriorOrdi- sue and meaning entitle the City of mission must be incorporated into this If after the expiration of the time to and over the streets of the city so as to nances. All ordinances and parts of Congressman Jerry - ........... Burr Oak and its grantee to use for the Franchise within one year of the adop- cure, city council believes grantee has prevent the branches of such trees from ordinances in conflict herewith are Dr. M. Lee Allison, Kam (First put lishea October 30, zO03, purlx ,e of i ling or transmitting tion of the modification, or at the time failed to cure, the city council must coming in contact with wires, cables hereby repealed as ofthe effective dare ologist and ofthe IQ in the Jewell County Record.) communications transmissions over of renewal, whichever occurs first. It adopt an ordinance setting forth the andotherfacilitiesofgrantee.Alltrim- of this ordinance. Tffis ordinance spe- logicalSurvey, to testify on ORDINANCE NO. 1-2003 poles, wires,cables, conductors,ducts, shall also be the policy of the city to cause and reason~ for the revocation ming shall be done under the supervi- cifically supercedes the previously tance of providing AN ORDINANCE GRANTING conduits, vaults, manholes, amplifi- amend this franchise, upon application and the effective date thereof in order sion of the city superintendent at the adopted ordinance of#301 (passed July for the Ogallala Aquifer. TO THE KANSAS CORPORATION ers, appliances, attachments, andother of grantee, when necessary to enable to effectuate any revocation. Such or- expense of the grantee. 5th, 1983). In his befot OFRURALTELEPHONESERVICE property as may be ordinarily neces- granteetotakeadvantageofanydevel- dinance shall not be adopted without Section 5: Facilities Upgrades and Section 2: Binding Effect. All pro- House Resources COMPANY, INC.,ITS SUBSIDIAR- sary and pertinent to a communica- opments in the field oftelecommuni- thirty (30) days prior written notice Changes. Grantee shall exercise its right visions ofthis ordinance shall be bind- Power and Water. Moran IES (NAMELY NEX-TECH, INC.), tions system, cations which would afford it an op- thereof to the grantee and an opportu- to place, remove, construct and recon- ing upon grantee and all successors, the im ortance of empty_ SUCCESSORS, TRANSFEREES 7. "_Property ofGrantee" shall mean portunity to more effectively, effi- nity for the grantee to be heard on th struct, extend and maintain its plant lessees and assigns ofgrantee whether search0n the entire aquife AND ASSIGNS, A NON-EXCLU- all ~ owned and installed or ciently or economically serve its cus- proposed adoption of said proposed and appurtenances as the business and expressly stated herein or not. mine its depth and its future,. SIVE FRANCHISE TO ERECT, uSeOl ymegranteeintheconductofits tomers, and to enable grantee to con- ordinance. If the revocation as pro- purposes for which may from time to Section 3: Final Approval. This or- "Because our commu MAINTAIN AND OPERATE A communications business in the City formtotberulesandregulationsofthe posed in said ordinance depends upon time require along, across, on, over, dinance shall be read in full at three American agriculture dep~ COMMUNI(.;ATIONS SYSTEM ofBurrOakand under the authority of Kansas Corporation Commission and a finding of fact, such finding of fact through, above and under any public regularmeetingsofthegoverningbody. OgallalaAquifer, weneed,,m WITHIN THE CITY OFBURR OAK, the franchise granted herein,theFederalCommunications Commis- must be made by the city council after fight of way including, but not limited Immediately after the final passage, it its future," Moran said. ' A KANSAS, PRESCRIBING THE 8. "Communications System,'shall si0n as they may be amended from a conclusive hearing is provided, if to, streets, avenues, alleys, bridgesand shall be published in the official city natedresearcheffortinvolvinl TERMS AND CONDITIONS mean all equipment used to transport time to time. requested by the grantee, the public grounds and places within newspaper, once a week for two (2) states will be a useful firsl THEREOF AND PROVIDING FOR audio and video signals (voice, video,Article III Article VI the limits of the city. consecutive weeks. It shall not take assessing the overall conditk PAYMENTS TO BE MADETOTHE data, radio and cable television) to Term Compensation Article IX effect and be in force until after the aquifer and ensuring its exisl CITY OF BURR OAK, KANSAS. consumers including, but not limited The term of this ordinance shall be In consideration of the grant of the Removal and Abatldonment expiration of sixty (60) days from the future generations. The Ogal BEITORDAINEDBYTHEGOV- to an.y cable, electronics, fiber optics forten(10)yearsandsuccessiveterms franchise to the grantee, the grantee of Property date of final passage, and acceptance essential component in enst ERNING BODY OF THE CITY OF or oUaer types ot necessary equipment, offive(5)yearsunlesswrittennoticeis shall pay to the city, in arrears, an If the franchise is terminated or by grantee within sixty (60) days as wehaveampleamountsofWa BURR OAK JEWELL COUNTY, 9. "Subscriber" shall mean any per- givenbyeitherthecityorthegranteeto amount equal to two percent (2%) of revoked, the grantee shall promptly, provided in Article HI. future." KANSAS: son or entity receiving for any purpose the other, 365 days or more prior to the the annual gross revenue from the op- upon ninety (90) days written notice, Section 4: Costs. Grantee shall as- The Ogallala Aquifer pt Article I alloroneoftheservicesofferedwithin expiration of the initial term, or any eration of the business in said city. remove from the streets all its facilities sume the cost of publication of this percentofthewatersupply in the grantee scommunications system, successive term, of its intention to ter- Such payment shall be made in one (1) other than that which the City of Burr Ordinance. Grantee shallreimburse the plains region of the U.S. Definitions For the purpose of the grant of this 10. "Person" shall mean any indi- minate the same at the expiration of the payment, on or before the first of Feb- Oak, Kansas, may permit to be aban- city for these costs upon presentation eight states: Kansas, Nebra . vidual or association of individuals, or then current term. ruary of each year during the terms of doned in place. In the event of such of the publication costs. Dakota, Wyoming, Coloraa franchise, the tollowing terms shall any firm, corporation orotherbusiness The term of this ordinance shall this ordinance. The city agrees to ac- removal, the grantee shall promptly Passed and Adopted by the Gov- homa, New Mexico and Tex havel, the,,city,,mc mingshallaSmeandeScribedthe Cityherein:of entity, commence on the first day of the first cept this sum as full and fair compen- return the street to the like or similar erning Body of the City of Burr Oak, The aquifer lies beneath Burr Oak, Kansas, and shall include, 1 l."FacilitiesofGrantee"or"Com- monthfollowingthedateofthegrantee sation, condition which it was in before the Kansas, on this 7 day ofOctober, 2003. square miles ofland, anarea , when appropriate, the context of the munications Facilities" shall mean hereunder accepts and agrees to abide , Article VII facilities were placed. CITY OF BURR OAK, KANSAS fivetimesgreaterthanthewOt territorial boundaries of the City of property of the grantee used in opera- with the terms and conditions of this Indemnification Article X By: Mike Harris, Mayor est freshwater lake and morel Burr Oak, l