[Ord. No. 893, 2-16-2023]
For the purpose of this Chapter, the following words and phrases shall have the meanings set forth in this Section.
BOARD OF ALDERMEN
The governing body of the City.
CITY
Granby, Missouri.
FACILITIES
All lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by the Grantee to facilitate the provision of Telecommunications Service.
FCC
The Federal Communications Commission.
FRANCHISE
The rights granted to Grantee under this Chapter to construct and operate the Telecommunications System and to provide Telecommunications Services and other services as permitted under applicable law.
GRANTEE
The Granby Telephone Company and its permitted successors and assigns.
GROSS REVENUES
All revenues received by Grantee from subscribers in the City from the retail sale of Telecommunications Service which are taxable under Chapter 144, RSMo.
MISSOURI PUBLIC SERVICE COMMISSION
The State agency established pursuant to Sections 386.040, RSMo.
PERSON
Any person, firm, partnership, association, corporation, company, or other legal entity.
STREET
The surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of-way now or later existing within the City.
SUBSCRIBER
Any Person who lawfully receives Telecommunications Service.
TELECOMMUNICATIONS SERVICE
Has the same meaning as that term is defined in Section 386.020, RSMo.
TELECOMMUNICATIONS SYSTEM
Grantee's Facilities located within the City, and providing Telecommunications Service to subscribers within the City.
[Ord. No. 893, 2-16-2023]
A. 
Grant Of Exclusive Authority. In consideration of the public benefits derived by the City as a whole, and the private benefits to be derived by the citizens of the City of Granby and the surrounding community, and in the consideration of the matters and things herein to be performed by the Granby Telephone Company, the City hereby grants to Grantee the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under the Streets, all Facilities necessary or desirable for the construction, maintenance, and operation of the Telecommunications System. This Franchise shall be non-exclusive, and the City may grant franchises to other Persons. Any additional franchises shall contain the same substantive terms and conditions as this Franchise. Grantee may use the System to deliver non-Telecommunications Services as permitted by applicable law.
B. 
Rules Of Grantee. The Grantee may promulgate rules, regulations, terms and conditions governing its business and services as reasonably necessary to enable Grantee to exercise its rights and perform its obligation under this Chapter.
[Ord. No. 893, 2-16-2023]
The Franchise granted under this Chapter commences upon approval by the Board of Aldermen and acceptance by Grantee and shall continue for twenty-five (25) years, unless renewed, revoked or terminated sooner. So long as Grantee remains in material compliance with the provisions of this Chapter, Grantee, at its option, may extend the term for an additional five (5) years by providing written notice to the City no more than twenty-four (24) months, but not less than twelve (12) months before expiration of the initial term.
[Ord. No. 893, 2-16-2023]
A. 
Location Of Facilities. Grantee shall locate all Facilities so as to minimize interference with the use of the Streets and with the rights and reasonable convenience of adjacent property owners.
B. 
Construction Codes And Permits. Grantee shall obtain all necessary permits and shall comply with all ordinances of general applicability before commencing any construction, upgrade or extension of the Telecommunications System, including the opening or disturbance of any Street.
C. 
Repair Of Streets And Property. Grantee, at its expense, shall promptly restore any Street or public property damaged by Grantee during the construction, repair, maintenance or reconstruction of the Telecommunications System.
D. 
Public Projects. After reasonable prior notice, Grantee, at its expense, shall relocate its Facilities as required by the City due to traffic conditions, public safety, street construction, or other public improvements by the City.
E. 
Building Movement. Upon request of any Person holding a moving permit issued by the City and after reasonable prior notice, Grantee shall temporarily move its Facilities to permit the moving of buildings. Grantee may require the requesting Person to pay all costs related to the temporary relocation of Facilities, and may require payment in advance.
[Ord. No. 893, 2-16-2023]
A. 
Technical Standards. Grantee shall operate the Telecommunications System in compliance with all applicable technical standards promulgated by the FCC and Missouri Public Service Commission.
B. 
Safety Requirements. Grantee shall employ ordinary care and shall maintain in use commonly accepted methods and devices to reduce failures and accidents.
C. 
System Maps. Upon request by the City, Grantee shall make available to City representatives for review at Grantee's office up-to-date as-built maps showing locations of all Facilities in the Streets.
D. 
System Maintenance. When feasible, Grantee shall schedule Telecommunications System maintenance to minimize service interruptions.
[Ord. No. 893, 2-16-2023]
A. 
Subscriber Inquiries. Grantee shall have a publicly listed local or toll-free telephone number and be operated so as to receive Subscriber complaints and requests during normal business hours. Grantee shall investigate and promptly resolve customer complaints regarding quality of service or service outages.
B. 
Rates. Grantee shall provide its Subscribers notice of changes to Telecommunications Service or rates as required by the Missouri Public Service Commission.
[Ord. No. 893, 2-16-2023]
A. 
Insurance. During the term of the Franchise granted under this Chapter, Grantee shall maintain a comprehensive general liability insurance policy with the following minimum coverage limits:
1. 
One million dollars ($1,000,000.00) for personal injury or death;
2. 
One million dollars ($1,000,000.00) for property damage; and
3. 
Five hundred thousand dollars ($500,000.00) automobile insurance/combined bodily injury and property damage.
Each policy of insurance shall contain a statement that the insurer will not cancel the policy or fail to renew the policy for any reason without first giving thirty (30) days' advance written notice to the City.
B. 
Indemnification By Grantee. During the term of the Franchise granted under this Chapter, Grantee shall indemnify and hold harmless the City, its officers, agents and employees (''Indemnitees") from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorney fees) ("Losses"), which may arise out of or be in any way connected with Grantee's construction, installation, operation, maintenance of the Telecommunications System, unless such Losses arise from the negligence or intentional misconduct of the City, its officers, agents or employees.
C. 
Indemnification By City. During the term of the Franchise granted under this Chapter, City shall indemnify and hold harmless the Grantee, its officers, agents and employees ("lndemnitees") from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorney fees) ("Losses"), which may arise out of or be in any way connected with City's construction, installation, operation, and maintenance of its facilities, including but not limited to roadways, streets, sidewalks, curbing, or lighting, electric, gas, stormwater, or wastewater utilities unless such Losses arise from the negligence or intentional misconduct of the Grantee, its officers, agents or employees.
[Ord. No. 893, 2-16-2023]
A. 
Grantee shall not transfer or assign its rights granted under this Chapter without providing prior written notice to the City. Prior notice shall not be required for the following:
1. 
The assignment of, or the granting of a security interest in, the Franchise or the System for the purpose of securing indebtedness; or
2. 
The assignment or transfer of the Franchise or the Telecommunications System to an affiliate under common ownership or control with Grantee.
[Ord. No. 893, 2-16-2023]
A. 
Extension. Beyond the term provided in Section 620.030, City and Grantee may extend by mutual agreement the term of the Franchise granted under this Chapter, and the existing terms and conditions of this Chapter shall govern the extended term.
B. 
Renewal. Any renewal of the Grantee's Franchise shall be done in accordance with the terms and conditions of this Chapter.
[Ord. No. 893, 2-16-2023]
A. 
The City may terminate the Franchise granted under this Chapter in case of material non-compliance by Grantee. Material non-compliance shall include:
1. 
A material violation by Grantee of any term, condition, or provision of this Chapter that remains uncured within the applicable cure period;
2. 
Failure of Grantee to comply with any reasonable provision of any applicable Ordinance;
3. 
Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, or there is a notice of prospective foreclosure or other judicial sale of all or a substantial part of the Telecommunications System;
4. 
Grantee abandons the Telecommunications System;
5. 
Grantee fails to operate the Telecommunications System for a period of thirty (30) days; or
6. 
Grantee is found to practice any fraud upon the City.
[Ord. No. 893, 2-16-2023]
A. 
If the City seeks to terminate the Franchise under Section 620.120, the City shall follow the procedures in this Section.
1. 
Notice Of Complaint. The City shall provide Grantee with written notice describing with reasonable specificity the alleged non-compliance.
2. 
Opportunity To Cure. Grantee shall have sixty (60) days from receipt of written notice to cure the alleged non-compliance. If Grantee cures the alleged non-compliance with the 60-day period, the City shall provide Grantee with written notice withdrawing the complaint.
3. 
Public Hearing. If Grantee fails to cure the alleged non-compliance within the 60-day cure period, or if Grantee provides the City with written notice disputing the complaint, and the parties fail to otherwise resolve the matter, the City shall schedule a public hearing on the alleged non-compliance. At the public hearing, Grantee may present testimony, cross-examine witnesses and deliver to the Board of Aldermen all evidence relevant to Grantee's defense. At the conclusion of the public hearing, the Board of Aldermen may dismiss the complaint, defer action, order appropriate sanctions, or terminate the Franchise in accordance with this Section.
4. 
Termination. The Board of Aldermen may, after a duly noticed public hearing, terminate the Franchise for material and willful continuing non-compliance by Grantee. If Grantee contests the termination in a court of competent jurisdiction, Grantee may operate the Telecommunication System in accordance with this Chapter while the case is pending.
5. 
Force Majeure. Grantee's failure to comply with any provision of this Chapter shall not constitute non-compliance when the failure is due to circumstances beyond Grantee's control, including, without limitation, acts of nature, adverse weather, natural or man-made disaster, civil disturbance, war or insurrection, or shortage of supplies, material, or labor.
6. 
Removal Of Facilities. Upon expiration or termination of the Franchise, Grantee shall be afforded a six-month period to sell or otherwise dispose of the Telecommunications System. During the six-month period, Grantee shall operate the Telecommunications System in accordance with this Chapter. At the expiration of the six-month period, Grantee has the right to remove its Facilities within a reasonable time.
[Ord. No. 893, 2-16-2023]
A. 
It shall be unlawful for any Person without Grantee's consent to willfully tamper with, remove or injure any of Grantee's Facilities.
B. 
It shall be unlawful for any Person to make or use any unauthorized connection to any part of Grantee's Telecommunications System.
C. 
Any Person that violates this Subsection regarding theft of service shall be guilty of a felony or misdemeanor, as provided for by Section 570.300, RSMo., and punished by a fine and/or imprisonment as provided therein.
[Ord. No. 893, 2-16-2023]
A. 
Notices under this Chapter shall be in writing and shall be deemed given delivery by hand delivery, certified mail return receipt requested, or overnight courier to the following addresses:
To City:
City of Granby
302 N. Main St.
Granby, MO 64844
ATTN: City Clerk
Phone: 417-472-6556
Fax: 417-472-6533
With a copy to:
Granby Telephone Company
126 S. Beaver Ave.
P.O. Box 200
Granby, MO 64844
ATTN: Cheri Johnson
Phone: 417-472-6211
Fax: 417-472-3600
With a copy to:
Brian McCartney
Brydon, Swearengen & England, P.C.
P.O. Box 456
312 E. Capitol Ave.
Jefferson City, MO 65102-0456
Phone: 573-635-7166
Fax: 573-634-7431
B. 
A party may designate other addresses for providing notice by providing notice in writing of such addresses.
[Ord. No. 893, 2-16-2023]
A. 
Severability. If any provision of this Chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Chapter. The invalidity of any portions of this Chapter shall not abate, reduce, or otherwise affect any consideration or other obligation required by Grantee under the remaining provisions of this Chapter.
B. 
Complete Agreement. All ordinances and parts of ordinances in conflict with this Chapter are repealed as of the effective date of this Chapter, excluding all public utility franchises granted to public utilities, including utilities regulated by the Missouri Public Service Commission.