ADELPHIA BUSINESS SOLUTIONS - Ordinance No. 45-163  


§ 1. Definitions
§ 2. Grant
§ 3. Use of Right-of-Way
§ 4. Indemnity and Hold Harmless
§ 5. Regulation of Rates and Service
§ 6. Payments and Charges
§ 8. Attachment to Poles
§ 9. Forfeiture of Franchise
§ 10. Rights and Duties of Grantee Upon Expiration of Franchise
§ 11. Term and Termination Date
§ 12. Acceptance of Terms by Adelphia Business Solutions
§ 13. Right to Assign
§ 14. Participation in Utility Location Coordination Council
§ 15. Conditions of Franchise
§ 16. Invalidity of Ordinance
§ 17. Effective Date

AN ORDINANCE GRANTING TO ADELPHIA BUSINESS SOLUTIONS, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND EXTEND A TELECOMMUNICATION SYSTEM IN THE CITY OF WICHITA, KANSAS, PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO.

WHEREAS, the City of Wichita has adopted an ordinance authorizing the grant of franchises to telecommunications and open video system providers to construct, operate, and maintain communications systems using the right-of-way in the City of Wichita, Kansas, and prescribing the terms and conditions of said grants (Ordinance No. 44-845); and

WHEREAS, by L. 2001, Ch. 135, Sec. 3, the Kansas Legislature has attempted to establish a moratorium on franchise and right-of-way ordinances which substantially modify the relationship between certain telecommunications providers and municipalities but allows new franchises consistent with the terms of ordinances in existence with other telecommunications providers prior to December 31, 2001; and

WHEREAS Adelphia Business Solutions desires the grant of a franchise consistent Ordinance No. 44-845 and under the terms of the legislative moratorium;

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS: