Section 102-048 Ord. 16760; Granting a Telecommunications Franchise to Adelphia Business Solutions Operations, Inc. for a Term of Twelve Years

granting a telecommunications franchise to Adelphia Business Solutions Operations, Inc. for a term of twelve years; setting forth terms and conditions of the grant of franchise; providing for the payment of franchise fees; and fixing the time when this ordinance shall become effective.

SECTION 1. A telecommunications franchise is hereby granted to Adelphia Business Solutions Operations, Inc. (“Adelphia”), for a period of twelve years from April 4, 2001, allowing Adelphia to construct, renew, maintain, extend, acquire and operate such lines, poles, wires, stubs, anchors, cables, conduits and other appurtenances and equipment (“telecommunications facilities”) in the public rights-of-way, streets, alleys, highways (“rights-of-way”) of the City of Columbia, Missouri as may be necessary and convenient for supplying telecommunications services to the citizens of the City and to the public.

SECTION 2. The initial location and relocation of telecommunications facilities in the City’s rights-of-way shall be subject to the City’s use of the rights-of-way and the presence of existing utilities or licensees in the rights-of-way. Prior to location or relocation of any telecommunications facilities, application shall be made to the Director of Public Works or other lawful authority designated by the City, who shall issue written permits if the proposed location or relocation shall conform to the provisions of this franchise and be otherwise lawful and not in interference with the City’s use or previously located utilities or licensees.

SECTION 3. All telecommunications facilities shall be so placed and maintained in the City and all work of Adelphia in connection therewith shall be so performed as not to interfere unreasonably with ordinary travel on the streets and alleys of the City or with ingress or egress from any public or private property. The rights granted to Adelphia under this ordinance, are to be held and enjoyed subject to all police power regulations that may have been or that may be legally adopted by the City. In exercising its rights under this franchise, Adelphia shall conform to the requirements of the Missouri Public Service Commission or other regulatory body as may at the time have jurisdiction over Adelphia.

SECTION 4. If, in the judgment of the City, any public improvement (for example, a street widening project) requires the relocation of any of Adelphia’s telecommunications facilities that are located in City right of way, Adelphia, after receiving notice from the City to relocate such facilities, shall promptly relocate such facilities at Adelphia’s expense.

SECTION 5. Adelphia shall have the right to take up such portion of any pavement and to make such excavations in the streets of the City as may be deemed necessary for the installation or maintenance of telecommunications facilities but such work shall not unnecessarily impede public travel on such streets. All such work shall be done to the reasonable satisfaction of the City. All excavations made by Adelphia or its agents shall be filled in good workman-like manner, and all pavements and sidewalks interfered with shall be reconstructed so as to be left in as reasonably good condition as they were before such interference, and after such reconstruction all responsibility for maintenance except for defective work, shall become the duty of the City.

SECTION 6. Adelphia shall furnish the City a layout of the telecommunications facilities and shall advise the City on request of the extensions and changes of the layouts.

SECTION 7. Nothing in this franchise shall prevent the City and Adelphia from providing for and entering into contracts for the joint use of the facilities of either.

SECTION 9. Adelphia, its successors and assigns, shall pay to the City the sum of One Thousand Dollars ($1,000.00) on the first day of May, 2001, and the sum of One Thousand Dollars ($1,000.00) annually on the first day of May of each year thereafter during the existence of the franchise hereby granted. The City Council reserves the right to require Adelphia to pay City a fair and reasonable compensation for use of the public rights-of-way in the same manner as other telecommunications providers operating in the City. At the time of passage of this ordinance, a separate right-of-way use fee is not charged telecommunications providers because such providers pay a license tax in an amount equal to 7% of the annual gross revenue received by the provider for local exchange service from telephones located within the City.

SECTION 10. Nothing in this ordinance shall be construed as limiting the right of the City to levy and collect such property taxes, ad valorem taxes, business license taxes measured by gross receipts, or any other taxes as by law it shall be authorized to levy and collect.

SECTION 11. If the City shall believe that Adelphia has failed to comply with the terms of this franchise or is guilty of misuse or nonuse of the franchise, the City shall give written notice to Adelphia specifically pointing out the failure, misuse or nonuse complained of. The City shall take no action to repeal this franchise unless and until Adelphia shall have failed to take steps to eliminate such failure, misuse or nonuse for a period of one hundred twenty (120) days after such written notice is given.

SECTION 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, the entire ordinance shall be invalid.

SECTION 13. This franchise ordinance shall be submitted to the electors of the City of Columbia for their approval or disapproval no less than sixty days after Adelphia has filed its written unconditional acceptance of all the terms and conditions thereof.

SECTION 14. Adelphia assumes all cost of the special election at which this franchise ordinance is submitted to the electors and such cost is payable upon the filing by Adelphia of its written unconditional acceptance of this franchise ordinance.