Title 13 - Streets and Sidewalks

13.55 MASTER FRANCHISE CODE

For the purposes of this Chapter, the following words and phrases shall have the meanings given herein:

(History: Ord. No. TF-3276 §2, 2019; Ord. TF-3155 §1, 2017)

Effective on: 1/1/1901

B.
City means the City of Overland Park, Kansas. Any reference to “within the City” shall mean within the corporate city limits of the City of Overland Park, Kansas.

Effective on: 1/1/1901

C.
Entity means any individual person, governmental entity, business, corporation, partnership, firm, limited liability corporation, limited liability partnership, unincorporated association, joint venture or trust and shall include all forms of business enterprise not specifically listed herein.

Effective on: 1/1/1901

D.

Facilities means lines, pipes, mains, laterals, wires, cables, conduit, ducts, poles, towers, cabinets, vaults, pedestals, boxes, appliances, antennas, transmitters, gates, meters, wireless communications facilities, Gas Distribution System and Gas Distribution Facilities, together with all necessary appurtenances or other equipment thereto, or any part thereof, for the purpose of providing or otherwise facilitating any Service; provided, small cell facilities shall have the same meaning prescribed by K.S.A. 66-2019(b)(4) (as may be amended).

Effective on: 1/1/1901

E.

Franchise means the grant, right, privilege and franchise by the City to provide, distribute, transport or sell a Service other than wireless service within the City and/or to install, construct, maintain, extend or operate Facilities along, across, upon, under or within the Right-of-way. The grant, right, privilege and franchise shall be in accordance with the provisions of K.S.A. 12-2001 et seq. (as may be amended) or any other applicable state law, the City’s Home Rule power, and/or any applicable City codes.

Effective on: 1/1/1901

F.
Franchise Fee means consideration paid in the form of a charge upon a Franchisee as prescribed in the ordinance granting the Franchise. Any such Franchisee Fee shall be subject to any applicable provisions of federal or state law.

Effective on: 1/1/1901

G.
Gas Consumer means, without limitation, any Entity that receives natural gas or Other Energy within the City through a Gas Distribution System or Gas Distribution Facilities.

Effective on: 1/1/1901

H.
Gas Distribution System or Gas Distribution Facilities means a pipeline or system of pipelines, including without limitation, mains, pipes, boxes, reducing and regulating stations, laterals, conduits and services extensions, together with all necessary appurtenances thereto, or any part thereof, for the purpose of distribution or supplying natural gas or Other Energy for light, heat, power and all other purposes.

Effective on: 1/1/1901

Effective on: 1/1/1901

J.

Master Right-of-way License Agreement means the grant, right, and privilege to install, construct, maintain, extend or operate Facilities along, across, upon, under or within the Right-of-way for the purpose of providing wireless service. The grant, right, and privilege shall be in accordance with the provisions of K.S.A. 12-2001 et seq. (as may be amended) or any other applicable state law, the City’s Home Rule power, and/or any applicable City codes. A Master Right-of-way License Agreement may incorporate the provisions of a Small Cell Facility Deployment Agreement.

Effective on: 1/1/1901

K.
MCF means a measurement of natural gas equal to one thousand (1,000) cubic feet. It is assumed for purposes of this Chapter that one MCF equals one million (1,000,000) British Thermal Units (BTUs).

Effective on: 1/1/1901

L.

New Monopole Fee means a type of Right-of-way Access Fee assessed for the installation and continued maintenance and operation of a wireless monopole structure in the Right-of-way.

Effective on: 1/1/1901

M.
Other Energy means any energy provided in a gaseous, liquid, or slurry mixture form through pipelines for light, heat, power, and all other purposes as an alternative or replacement for natural gas, but specifically, it shall not include electrical energy.

Effective on: 1/1/1901

N.
Reseller means a provider of Service other than wireless service within the City whereby the provider purchases and resells the Service of a duly authorized Grantee, but only where the duly authorized Grantee is already paying fees for the resold Service under its Agreement with the City. (For example, the resale of local exchange service as contemplated by K.S.A. 12-2001(n).)

Effective on: 1/1/1901

O.
Right-of-way means the area on, below or above present and future streets, alleys, bridges, parkways, or highways in which the City has a dedicated or acquired right-of-way interest in the real property. The “Right-of-way” shall not include property owned by the City outside of the Right-of-way.

Effective on: 1/1/1901

P.
Right-of-way Access Fee means consideration paid in the form of a charge upon a Grantee for the grant, right, and privilege by the City to install, construct, maintain, extend or operate a Facility along, across, upon, under or within the Right-of-way for the purpose of providing wireless service. (See K.S.A. 12-2001(t) as may be amended.)

Effective on: 1/1/1901

Q.

Service means any utility, commodity or similar service provided, distributed, transported or sold to an Entity by means of a delivery or distribution system that is comprised of Facilities within the City, including without limitation, telecommunication, cable, broadband, Internet, Open Video Systems, wireless services, alarm systems, steam, electric, water, telegraph, data transmission, natural gas, Other Energy, or any other similar service; provided, wireless service shall have the same meaning prescribed by K.S.A. 66-2019(b)(19) (as may be amended).

Effective on: 1/1/1901

R.

Small Cell Facility Deployment Agreement shall have the same meaning as provided in K.S.A. 12-2001 et seq. (as may be amended).

Effective on: 1/1/1901