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.
