CHAPTER 13. STREETS AND SIDEWALKSCHAPTER 13. STREETS AND SIDEWALKS\Article 7. Pole Lease Agreements

The right, authority and privilege is hereby granted to the Governing Body of the City to approve and to execute any and all utility pole lease agreements considered appropriate, covering poles owned or controlled by said City. Said pole lease agreements may, but shall not be limited to firms, corporations, partnerships and individuals providing telephone and telegraph services or community antennae television service and closed-circuit electronic services on subscription basis.

(Code 1961, 9-13-1; Code 2023)

There is hereby granted the non-exclusive right, authority and power to establish, construct, acquire, maintain and operate telephone and telegraph and community antennae television and closed-circuit electronic service from such systems to the inhabitants of the City and its environs upon approval and execution of the appropriate utility pole lease agreement with the City.

(Code 1961, 9-13-2; Code 2023)

Upon approval and execution of the appropriate utility pole lease agreement with the City, any firm, corporation, partnership or individual providing telephone and telegraph and/or community antennae and closed-circuit electronic services is hereby granted the right to enter and construct, erect, locate, relocate, repair and rebuild its towers, poles, cables, amplifier, conduits and other facilities and equipment owned, leased or otherwise used by the firm in, on, under, along, over and across the streets, alleys, avenues, park ways, lanes, bridges and other public places of the City.

(Code 1961, 9-13-3; Code 2023)

If, by reason of traffic conditions, public safety, street vacation, freeway or street construction, any of the facilities and equipment herein granted use of public ways must be temporarily disconnected, relocated, further protected or supported, it shall be accomplished as quickly as possible by the owners of said equipment and facilities entirely at their own expense. Should the requested changes not be completed within thirty (30) days of request made by proper City officials, the City may cause such work to be done and the owners required to reimburse the City for all expenses incident thereto.

(Code 1961, 9-13-4; Code 2023)

The City shall have the power at any time to order and require removal or modification of any towers, poles, wires, cables, manholes, conduit or other structure that is dangerous to life or property, and in the event the owner, after notice, fails to remove, modify or abate the some at his own expense, the City shall so remove, modify or abate said dangerous situation.

(Code 1961, 9-13-5; Code 2023)

It shall be unlawful for any person, firm or corporation to make any unauthorized connection whether physically, electrically, inductively or otherwise, with any part of any system authorized hereunder for the purpose of enabling himself or others to take or receive any telephone or telegraph communications, any television signal, radio signal, picture program or sound, without the authorization or payment to the owner of said system.

(Code 1961, 9-13-6; Code 2023)

At all times during the life of any agreement granted hereunder, the license holder shall be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter by resolution or ordinance provide. The construction, operation and maintenance of any and all systems shall be in full compliance with all applicable rules and regulations now in effect or hereinafter adopted by the Federal Communications Commission, the City, the State of Kansas and the United States Government, as well as in full compliance with the National Electronic Code as from time-to-time amended and revised.

(Code 1961, 9-13-7; Code 2023)