Sections:

• Section 1. Definitions.
• Section 2. Grant of Franchise.
• Section 3. Use of Public Right-of-Way.
• Section 4. Removal Due to Public Project.
• Section 5. Grantee’s Facilities.
• Section 6. Interference.
• Section 7. Compensation to the City.
• Section 8. Indemnity and Hold Harmless.
• Section 9. Insurance Requirement and Performance Bond.
• Section 10. Revocation and Termination.
• Section 11. Reservation of Rights.
• Section 12. Failure to Enforce.
• Section 13. Term and Termination Provisions.
• Section 14. Removal Due to Termination.
• Section 15. Abandonment.
• Section 16. Point of Contact and Notices.
• Section 17. Transfer and Assignment.
• Section 18. Severability.
• Section 19. Acceptance of Terms by Grantee.
• Section 20. Effective Date of Contract and Ordinance.

AN ORDINANCE introduced by Interim City Manager Douglas Gerber, granting a nonexclusive franchise agreement to Mobilitie LLC to construct, operate and maintain wireless telecommunications facilities within the public right-of-way.

BE IT ORDAINED BY THE Governing Body OF THE CITY OF TOPEKA, KANSAS:

WHEREAS, Mobilitie LLC (“Grantee”) owns, maintains, operates and/or controls, in accordance with regulations promulgated by the Federal Communications Commission and the Kansas Corporation Commission (hereinafter “KCC”), telecommunications networks serving Grantee’s wireless carrier customers through small cell and wireless backhaul and fiber-fed antenna system facilities. Such facilities are in public rights-of-way (hereinafter “PROW”) throughout the State of Kansas; and

WHEREAS, Grantee seeks to enter the City’s PROW to install, maintain and operate a network of such facilities (the “Network”), so that Grantee and/or its underlying customers (the “Customers”) may provide data and telecommunications services to the residents and visitors of the City (the “Services”); and

WHEREAS, some features of the Network include, without limitation, antenna nodes, poles, equipment cabinets, underground and above ground fiber optic cable, fiber handholes and enclosures, fiber repeaters and related equipment, and will include other equipment as technology evolves, in a configuration and at locations to be filed and identified through the City permit process (“Facility” or “Facilities”); and

WHEREAS, certain advanced wireless antenna systems (“Advanced Wireless Facility” or “Advanced Wireless Facilities”) which are specific part or type of the Facilities may be located on streetlights, stand-alone poles, third party utility poles, and other structures located on or within the PROW as permitted under this Agreement; and

WHEREAS, Grantee desires to obtain from City as permitted by law, and City is willing to grant to Grantee as required by law, the right to access the PROW to locate, place, attach, install, operate, use, control, repair, replace, upgrade, enhance and maintain the Facilities and the Advanced Wireless Facilities in a manner consistent with this Agreement.

In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the City and Grantee agree as follows: