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Jewell County Record
Mankato, Kansas
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November 6, 2003     Jewell County Record
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Jl I Public Notices (First pnblished October 30, 2003, in the Jewell County Record.) ORDINANCE NO. 1-2003 AN ORDINANCE GRAN'TING TO THE KANSAS CORPORATION OFRURAL TFJ~PHONE SERVICE COMPANY, INC., ITS SUBSIDIAR- IES (NAMELY NEX-TECH, INC.), SUCCES SORS, TRANSFEREES AND ASSIGNS, A NON-EXCLU- SIVE FRANCHISE TO ERECT, MAINTAIN AND OPERATE A COMMUNICATIONS SYSTEM WITHIN THE CITY OF BURR OAK, KANSAS. PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND PROVIDING FOR PAYMENTS TO BE MADE TO THE CITY OF BURR OAK, KANSAS. BE IT ORDAINED BYTHEGOV- ERNING BODY OF THE CITY OF BURR OAK, JEWELL COUNTY, KANSAS: Article I Definitions. For the purpose of the grant of this franchise, the following terms shall have the meaning as described herein: i. "City" shall mean the City of Burr Oak Kansas, and shall include, when appropriate, the context of the territorial boundaries of the City of Burr Oak, Kansas, as they now or shall hereafter exist. or right.of.ways as shall be now held or hereafter held by the City of Burr Oak, which shall within their proper sue and meaning entitle the City of Burr Oak and its grantee to me for the purpose of installing or transmitting communications transmissions over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifi- ers, appliances, attachments, and other property as may be ordinarily neces- sary and pertinent to a communica- tions system. 7. "Property of Grantee" shall mean all property owned and installed or used by the grantee in the conduct of its commimicatiom business in the City of Burr Oak and under the authority of the franchise granted herein. 8. "Communic,_~ions System" shall mean all equipment used to transport audio and video signals (voice, vi~, data, radio and cable television) to consumers including, but not limited to any cable, electronics, fiber optics or ~ types of necessary equipment. 9. 'Subscriber" shall mean any per- son or entity receiving for any purpose all or one of the services offered within the grantee's communications system. 10. "Person" shall mean any indi- vidual or association of individuals, or any firm, corporation or other business entity. 11."Facilities of Grantee'or "Com- munications Facilities" shall mean Fperty of the grantee used in opera- on of the communications system. Article II 2. "Council" shall mean the present Grant of Franchise governing body of the City of Burr L_ Section 1: General Grit. ~ city Oak, Kansas, or any successor to the n ereoy grams to grantee me ngnt abe legislative powers of the present City _Pn~leg~. to construct, .erect, operate ,. anu mmnuun a communications sys UOUrlCd. ................... tern within the city and in so doing to ~. rrancmse snau mean me per- ......... mission, license orauthoritygivenhere- u~ tn.e streets or ~ city oy ~g, under to conduct and operate a corn- mst amng, constructing, repmlrin.g, .re- ptacmg, reconstructing, mamtmnmg munzcat~ons system in the City ofBurr and retainin in on under u r Oak, Kansas, l~ursuanttotheordinance g , , ,, pen. 0 h across any sucn street, sucn poles, passed by t e city council. 4. "Grantee" shall mean Rural Tele- phone Service Company, Inc., its sub- sidiaries, successors, transferees or assigns of the franchise granted herein. 5. "Gross Revenue" shall mean the monthly revenues received by grantee for the basic service rates from sub- scribers of the grantee s local tele- phone service; provided, however, that s~ch phrase shall not include: (i) rev- enues received from any advertising earned on the communications sys- tem; (ii) revenues from optional call- ing features; (iii) any taxes on commu- nications service which are imposed directly or i ndirectly on any subsc:riber thereof b,~ any governmental unit or agency, and which are collected by the grantee ~m behalf of such governmen. tal unit ~- agency; or (iv) any revenues derived from inslall~ion charges. 6. "Street" shall mean the surface of and the space above and below any public affect, road, highway, freeway, lane, path. at lay, court, sidewalk, park- way, drive or other easement now or wires, cables, conductors, ducts, con- duits, vaults, manholes, amplifiers, appliances, attachments andotherprop- erty as may be necessary and pertinent to a communic~ions system within the City of Burr Oak, Kansas. Section 2: Non exclusivity, The au- thority ~iven to grantee in the above section is not and shall not be deemed to be an exclusive right of permission. The city expressly reserves the right to grant similar non-exclusive franchises to other person, firms or corporations and allow them to use the struts of the city within the same or other areas of the city as grantee at any time; prm vided, however, that such other fran- chises do not interfere or create inter- f~ with grantee's communications system already established and said other franchisees shall not be extended preferential treatment over grantee. Section 3: Notice concerning com- plaints. Notice of the procedures for reporting and resolvingcordplaints will be given to each subscriber at the time of the initial subscription to the com- munications system. Section 4: Modifications. Any Thank you for the prayers, telephone calls, cards, flowers and other concerns that we received during the time of our illness and recovery. It means so much to us to know that we have such wonderful family members~' and friends who care about us. Much thanks, . "~ I I W I t . i Mo ,y 77,od,,:.clll We appreciate everyone who supported the Jewell County Historical Society with donations of food andlabor or participated in the Farmers Market Craft Bazaar with your attendance. We depend on you for its success!ll Jewe// County Historical Society you to all those who contributed to the Randall UCW Bazaar, who helped with meal preparations and who attended the Bazaar/Auction. A big thank you to Mark Baxa for donation his auctioneer talents and for donating a memorabilia plate to be sold, It was a i great even ng. Randall United Church Women Cmrre OF would like to give a special "thanks" to it's patrons for raising $1,000 for the UTE Theater. Two tickets to the K-State and Nebraska football game to be held at Lincoln,Nab. were won by Mark Colson, Mankato. The tickets also include $20 for fuel, $50 for food and a night at the Holiday Inn located in Lincoln. Other winners were Dave Ortman and Donna Johnson, both of Mankato, Rick Harrla of Burr Oak and Bernice Montgomery of Superior, Heb. Again, thanks to all who took the chan~ for the UTE. ...... fication of the provisions of the federal franchise standards resulting from an amendment of the standards by the Federal Communications Com- mission must be incorporated into this Franchise within one year of the adop- tion of the modification, or at the time of renewal, whichever occurs first. It also be the policy of the city to amend this franchise, upon application of grantee, when necessary to enable grantee to take advantage of any devel- opments in the field of telecommuni- cations which would afford it an op- portunity to more effectively, effi- ciently or economically serve its cus- tomers, and to enable ~tee to con- form to the rules and regulations of the Kamms Corporatioa Comn~ssion and FederalCommunicationi['Commis- sion as,they may be amended from time to time. Article III Term The term of this ordinance shall be for ten (I0) years and successive terms of five (5) y~rs unless written notice is given by either the city or the grantee t0- the other, 365 days or more prior to the expiration of the initial term, or any successive term, of its intention to ter- minate the same at the expiration of the then current term. The term of this ordinance shall commenee on the first day of the first month following the date of the grantee hereunder accepts and agrees to abide with the terms and conditions of this franchise by filing a written accep- tar..e thereof with the city clerk of the City of Burr Oak, Kansas. Acceptance shall be filed, if it is to be valid, within sixty (60) days from the effective date of the ordinance granting the franchise. If such acceptance shall not b'e filed within the time aforesaid, then'the or- dinance granting this franchise shall be deemed void and of no further force and effect, and the offer of franchise contained in the ordinance will stand revoked. Article IV Forfeiture In addition to all other rights and powers reserved or pertaining to the city, the city reserves as an additional and as a separate and distinct remedy the right to revoke this franchise and hall rights and privileges of the grantee ereunder for any of the following reasons: 1. Grantee fails after thirty (30) days prior written notice to comply with any of the provisions of the ordi- nance granting this franchise or has, by act or omission, violated any term or condition thereof; 2. Any provision of such ordinance shall be finally adjudged by a court of law as invalid or unenforceable, and the city council further finds that such provision constitutes at that time a consideration material to the continu- ance of the franchise granted herein; 3. The grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; 4. The Grantee attempts to or does inits con- or~sub- ;,~or 5, The city condemns all of the ~a~wrty of the grantee within the city ful exercise of eminent domain. Article V Ordinance of Revocation No revocation provided for in the ,.previous paragraph except for reasons of condemnation, shall be effective unless or until the city council pro- rides written notice to grantee, and grantee is given at least 30 days to cure any alleged breacb of Article IV herein. If after the expiration of the time to cure, city council believes grantee has failed to cure, the city council must adopt an ordinance setting forth the came and reason for the revocation and the effective date thereof in order to effectuate any revocation. Such or- dinance shall not be adopted without thirty (30) days prior written notice thereof to the grantee and an opportu- nity for the grantee to be heard on the proposed adoption of said proposed ordinance, tf the revocation as pro- posed in said ordinance depends upon a finding of fact, such finding of fact must be made by the city council after a conclusive hearing is provided, if requested by the grantee. Article VI Compensation In consideration of the grant of the franchise to the grantee, the grantee shall pay to the city, in arrears, an amount equal to two percent (2%) of the annual gross revenue from the op- eration of the business in said city. Such payment shall be made in one (1) payment, on or before the first of Feb- ruary of each year during the terms of this ordinance. The city agrees to ac- cept this sum as full and fair compen- sation. Article VII Indemnification The grantee shall, concmyenfly with the filing of the acceptance of this franchise, furnish to the city and file with the city clerk a liability insurance policy in the amount of one million dollars ($1,000,000) with acompany approved by the City of Burr Oak and in a form satisfactory to the city attor- ney indemnifying and defending the city, its officers, boards, commissions, agents and employees from and ag.ainst any and all claims, demands, acuons, suits and proceedings by others, against all liabilities to others and against any loss, costs, expense or damages result- ing therefrom, arising out of the exer- cise or enjoyment of this franchise. Article vm Use and Installation Section 1. Degree of Care. The grantee or any persons, firm or corpo- ration erecting, constructing or main- " taining any of the property used by or for the grantee shall at all times employ due care or the highest degree of care required by law under the facts and circumstances and shall maintain and install the property of the grantee in accordance with commonly accepted methods and principals so as to pre- vent failures and accidents likely to damage, injure or create a public nui- sance. Section 2. Location of Fability. All ,communications facilities shall be lo- cated so as to cause minimum interfer- ence with the proper use of streets and the rights and reasonable convenience of property owners abutting the streets. In no event shall such facilities be located so as to substantially interfere with gae,usual pul~lic travel on any street of the C~y. ~i Section 3" Damage to Public Prop- erty. Whenever grantee or any person on its behalf causes any injuries or damage to any public property or street by or because of the installation, main- tenance or operation of the communi- cations facilities, such injury or dam- age shall be immediately remedied in ~ Fme~m B~reau Finana/a/ services for 9:.30 a.m.- 4:30 p.m. Mankato, Kan. I t I I I I The outpouring of love ,from our community has been comforting to us in the loss of our loved one. Thank you so much. __~ The family, of Jack Morris _L Marie Morris Karen and John Ross Brenda and.Kent Enyeart And thmr families ' 99 Cards for 99 Years!!! ii in celebration of Walter Dillon's 99th Birthday on Nov. 20 his family requests a card shower: Please send blrthday wishes to: Walter Dillon, do John Dillon RR 1 Box 43, Burr Oak, Kan. 66936 I,I I I1~ I Note: There will be a family celebration on Nov. 15. The family requests that cards be received by that date so that he can open them at his party!!! such fashion as directed by the city superintendent. Section 4: Tree Trimming. Grantee shall have authority to trim trees upon and over the streets of the city so as to prevent the branches of such trees from coming in con|act with wires, cables and other facilities of grantee. All trim- ming shall be done under the supervi- sion of the city superintendent at the expense of the grantee. Section 5: Facilities Upgrades and Changes. Grantee shall exercise its right to place, remove, construct and recon- struct, extend and maintain its plant and appurtenances as the business and purposes for which may from time to time require along, across, on, over, through, above and under any public right of way including, but not limited to, streets, avenues, alleys, bridges and the public grounds and places within the limits of the city. Article IX Removal and AbmMonment of Property If the franchise is terminated or revoked, the grantee shall promptly, upon ninety (90) days written notice, remove from the streets all its facilities other than that which the City of Burr Oak, Kansas, may permit to be aban- doned in place. In the event of such removal, the grantee shall promptly return the street to the like or similar condition which it was in before the facilities were placed. Article X Operation and Maintenance Grantee shall have the authority to promulgate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to en- able grantee to exercise its rights and perform its services under this fran- chise and to assure an uninterrupted service to all of its customers. Grantee shall render efficient ~ervice, make repairs promptly and only interrupt service for good cause for the shortest time possible. In order to limit failure and malfunctions of the communica- tions system and to enable prompt cor- rection at all times after notice of mal- function or failure, grantee shall con- sistentiy maintain a listed telephone, which shall be operated to receive com- plaints, requests for repairs or adjust- ments because of malfunctions at any time of day Sunday~through Saturday, including holidays. Grantee shall, on the request of any person holding a building moving per- mit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such tem- porary action shall be paid by the per- son requesting the same, and grantee shall have the authority to require ad- vance payment. Grantee shall be given no less than forty-eight hours advance notice to arrange for such temporary wire changes. Article XI Compliance with the Law Grantee shall, at all times during the term of this Franchise, be subject to all lawful exercises of the police power of the city mad to such reasonable regu- lations as the city shall pt~e~tibe for the general conduct of persons provid- ing communications service within the city. Article XII Sale or Lease of Franchise The franchise shall be deemed a privilege to be held in personal trust by the grantee. It may not be sold, trans- ferred, leased, assigned or disposed of in whole or in part either by force of voluntary sale, consolidation or other- wise without prior notification to the city council. Article XIII Grantee Without Recourse Grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any of the provisions or require- ments of this franchise or because of the enforcement thereof by the city, nor for the failure of the city to have the authority to grant all or any part of the franchise. Article XIV Grantee's Rates and Regulations Thursday, November 6, 2003 Article XVI Miscellaneous Provisions Section 1: Supercedes Prior Ordi- nances. All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the effective date of this ordinance. This ordinance spe- cifically supercedes the previously adopted ordinance of#301 (passed July 5th, 1983). Section 2: Binding Effect. All pro- visions of this ordinance shall be bind- ing upon grantee and all successors, lessees and assigns of grantee whether expressly stated herein or not. Section 3: Final Approval. This or- dinance shall be read in full at three regular meetings of the governing body. Immediately after the final passage, it shall be published in the official city newspaper, once a week for two (2) consecutive weeks. It shall not take effect and be in force until after the expiration of sixty (60) days from the date of final passage, and acceptance by grantee within sixty (60) days as ptovided in Article Ill. Section 4: Costs. Grantee shall as- sume the cost of publication of this Ordinance. Grantee shall reimburse the city for these costs upon presentation of the publication costs. Passed and Adopted by the Gov- erning Body of the City of Burr Oak, Kansas, on this7 day of October, 2003. CITY OF BURR OAK, KANSAS By: Mike Harris, Mayor ATrEST: Diana L. Dethloff, City Clerk 44-2c Grennan retires from Nebraska power company Dennis Grennan, Columbus, Neb., NebraskaPub- -- lic Power Dis- trict vice presi- dent of cus- tomerservices, retired in Au- gust after serv- ing more than 32 years with the utility. Grennan held numerous po- sitions at several locations across the District. Grennan joined NPPD in January 1971 as a performance engineer at Sheldon Station near Lincoln, Nab. In 1974, he transferred to Columbus and in 1977 was named a technical super- visor at Gerald Gentleman Station, lo- cated west of North Platte, Nab. He held'various positions at GGS until being named station manager in 1984. In 1990 Grennan was promoted to division manager of fossil produc- tion, a position located in Columbus. In 1992, he became division manager of regional operations, and in 1996 he was named a vice president. "Dennis was the point person on a lot of issues forus," said Bruce Pontow, general manager of the Nebraska Elec- tric G&T Cooperative, Inc. The G&T represents 22 rural utilities served by NPPD. "He played an instrumental role in the long-term power contract we signed last year, as well as the realignment of communities between NPPD and its wholesale cmtomcrs," Pontow said. "The experience and influence Den- nis had on those he worked with is impressive," said NPPD President and CEO Bill Felirman. "The positions he held in generation, operations and cus- tomer service made him an outstand- ing executive for NPPD." Grennan currently serves on the Rocky Mountain Electrical League Board of Directors and is a member of the Electric Power Research Advisory Committee. Grennan and his wife, Coni, have one son and two daughters: Drs. Jason and Jill Grennan, and son, Riley, Omaha, Nab.; Jenile and Greg Turek, and son, Tyler, Woodriver, Nab.; and Jewelia Grennan, a student attending the University of Nebraska at Omaha. Dennis isthe son of Frank Grennan Grantee shall have the right and and the late Margaret Grennan, Beloit, power to fix, charge, collect and re- Kan., and son-in-law of Jack and ceive reasonable rates for the services Jeanine Seamans, Jewell, Kan. it provides through its communica- tions system; provided, that such rates Bereavement group shall not be established on a discrimi- natory basis. Article XV Notices Whenever, under the terms of this Franchise, either party shall be required or permitted to give notice to the other, such notice shall be in writing and if to be served upon the city it shall be delivered by certified mail to the mayor and city council c/o City Clerk, P.O. Box 22, Burr Oak, Kansas 66936. If to the grantee, it shall be delivered by certified mail to CEO/General Man- ager, 145 North Main, Lenora, Kansas 67645. meets in Belolt Solomon Valley Hospice is offer- ing a two session bereavement group, "How to Survive the Holidays When Someone You Love Has Died." The sessions are Wednesdays, Nov. 12 and Nov. 19 at 7 p.m. at Mitchell County Hospital Library, Beloit. Each session is approximately two hours. The group facilitators are Marilyn Osse, LMSW and the Rev. Dan Davis. There is no charge. Those wishing to attend may contact Solomon Valley Hospice. Assistance with trans- portation can be arranged. ' helped with and attended the '~ thanks to those who donated their v time, food items and pies. We couldn't have done it without you! "4 Randall Library Board t- 4 I- The family of Ken West would like to thank friends and neighbors for the cards, food, flowers, prayers and memorials at the time of our loss. We would also !ike to thank ]ewell I County Hospital staff, doctors and 1 Hospice for all your care and thoughtfulness during Ken's illness. .L ..... LLJ_.IL~.~.~,~='.._ ~- ~-,"' _.7 = ....... - _ " "- JEWELL COUNTY Moran supports aquifer research Congressman Moran Dr. M. Lee olog logical Survey, tO testify on the i tance of providing research for the Ogallala Aquifer. In his testimony before House Resources Power and Water. Moran the importance of search on the entire aquifer mine its depth and its future. "Because our American agriculture depend Ogallala Aquifer, its future," Moran said. "A natedresearch states will be a useful first assessing the overall condidon~ aquifer and ensuring future generations. essential in we have future." The Ogallala Aquifer percent of the water supply plains region of the U.S. eight states: Kansas, Nebraska, Dakota, Wyoming, Colorado, hems, New Mexico and Texas. The aquifer lies beneath square miles of land, an five times est freshwater lake and percent larger than the surface all five Great Lakes combined. Th~ to legislation Moran year, which had widespread Moran was also successful in ing conservation provisions Ogallala in the 2002 Farm Bill. ever, no funding was set aside for~ state research into the future aquifer. That is the focus legislation. Efforts have been the State of Kansas to Ogallala Aquifer, but a need to gather data about the aquifer I sure itsviability in the future. the aquifer crosses th~ states, it is critical to haw siva, a full understanding dition. In his testimony, Dr. cused on the importance of research to learn how of the aquifer. "We in the states who are gling to extend and preserve the the High Plains Aquifer ignorance is dangerous," Dr. said in his testimony. tion is needed by farmers, cities and town, businesses tricts, era, to make rational slobs about the future of the From Deanna's By Deanna Sweat, Extension A If harvest winter squashes a bargai~ ket, home gourmets have fresh squash to serve ary or March. "The only re.quirements squashes are ripe and that you storage space that's dry and degrees," said Chuck Man" crops University Research All winter to hubbard, provide two clues tot ness, he said. When the stem pumpi~ns, that probing a almost impossible. "While in term storage, most vegetables best if not touching each said. "I'd also recommend them occasionally that show signs Middle schools "get charged' about electricity' Middle schools located in county Rolling tive service area will take educational initiative Touchstone Energy partnership with nel School, provider of materials to schools The Get Charged! program, tricity, how it works and how to will be administered Hills Electric, part ergy Cooperanves. Approximately 600 students in partin the program, which will a varieq ing videos, CD-ROMs, a source guide, student and other collateral materials charge, to augment the riculum. In support of its merit to community Hills Electric is Charged! program to give real world understanding of: purpose of electricity, and tant role electric cooperatives delivering the "juice" that everyday lives. The Get Charged! sents a first-time partnership covery with a noneducational provide content directly to "Lots of kids are still in about electricity," said vice president, Discovery "We're delighted to Touchstone Energy help get kids energized about Discovery Channel School teachers a video, print, spanmng the curriculum. ules s instead sions.