LEVEL 3 COMMUNICATIONS, LLC Ordinance No. 50-392  


SECTION 1 . - Definitions.
SECTION 2 . - Grant of Franchise.
SECTION 3 . - Use of Public Rights of Way.
SECTION 4 . - Compensation to the City.
SECTION 5 . - Indemnification.
SECTION 6. - Transfer and Assignment.
SECTION 7 . - Notice.
SECTION 8 . - Term and Termination Date.
SECTION 9 . - Termination or Forfeiture of Agreement.
SECTION 10 . - Rights and Duties upon Termination of Agreement.
SECTION 11 . - Insurance.
SECTION 12 . - Reservation of Rights.
SECTION 13 . - Failure to Enforce.
SECTION 14 . - Force Majeure.
SECTION 15 . - Severability.
SECTION 16 . - Governing Law.

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS GRANTING TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, A FIBER OPTIC CABLE FRANCHISE AND PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO.

BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

FRANCHISE AGREEMENT

This Franchise Agreement is made this 13 th day of December, 2016, by and between the City of Wichita, Kansas, a municipal corporation (City), and Level 3 Communications, LLC, a Delaware limited liability corporation Franchised to do business in the State of Kansas (Level 3).

WHEREAS, pursuant to the laws of the State of Kansas and the ordinances of the City of Wichita, Kansas, the authority to use the public rights of way within the City of Wichita, Kansas, is vested in the reasonable police powers of the City; and

WHEREAS, Level 3 wishes to place and maintain fiber optic lines in certain portions of the City's rights of way.

NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: