PUBLIC HEARING
The Town of Mountain View will hold a Public Hearing on June 15, 2021 at 7:00 p.m. at Mountain View Town Hall, 405 Highway 414, to receive public input on Ordinance 2021-5, An Ordinance and Agreement Granting a Non-Exclusive Franchise to Union Telephone Company Within the Rights of Way of The Town of Mountain View, Wyoming.
PUBLISHED: June 4, 2021 21103
PUBLIC NOTICE
Notice is hereby given that Kevin and Ricky Maxfield have applied for a Land Use District Change (Zone Change) and Subdivision Permit for a parcel of land in Section 36, T16N R115W. The application would allow a change from the Agricultural/ Resource/Development (ARD) Land Use District to the Residential (R) Land Use District for the development of a one (1) lot Residential subdivision entitled the Rick and Kevin Maxfield Subdivision.
A public hearing on this matter will be held before the Uinta County Planning and Zoning Commission on Wednesday, June 23, 2021, at approximately 7:00 p.m. in the Mountain View Town Hall, Mountain View, Wyoming.
PUBLISHED: June 11, 18, 2021 21110
NOTICE TO BIDDERS
Notice is hereby given that the Board of Trustees of Uinta County School District #6, 126 North Franklin, P.O. 1090, Lyman, Wyoming will receive sealed Bid Proposals at 11:00 a.m., Wednesday, June 23, 2021, to replace the existing smoke & fume extraction system at the Lyman High School welding shop. Will also receive sealed Bid Proposals to replace the paint booth & fume extraction system at the Lyman High School wood shop. The full scope of work will be included in the bid packages.
Proposals shall be submitted in accordance with the Contract Drawings, Specifications, and other Contract Documents as prepared by Uinta County School District #6.
A job walk for both projects will be held at Lyman High School, 1305 East Clark Street, on Wednesday, June 16, 2021 at 11:00 a.m.
The school district reserves the right to accept any, or to reject any or all Proposals, or waive any informality in a Proposal.
PUBLISHED: June 11, 2021 21107
TOWN OF LYMAN WYOMING
Minutes of the Business Meeting held May 21, 2020
Present were Mayor Berg, Councilmembers Tansy Shelton, Shane Hooton, Andy Spray and Dallas Sill, Public Works Director Jared Crane, Clerk Lisa Bradshaw, Officer Aaron Roberts and Attorney Thayne Peterson.
Councilman Spray made a motion to approve the agenda as amended, second by Councilman Hooton, motion carried unanimously.
Councilwoman Shelton made a motion to approve the minutes of the May 7, 2020 business meeting and work session, second by Councilman Sill, motion carried unanimously.
Mayor Berg opened the public hearing for Ordinance No. 2020-01. No public comments. Public hearing was closed.
Ordinance No. 2020-01 AN ORDINANCE CONFORMING DIFFERING SECTIONS OF THE TOWN CODE CONCERNING WHEN A SUBDIVISION AND/OR LOT LINE ADJUSTMENT IS NECESSARY AND THE NEED FOR PUBLIC FRONTAGE TO A LOT. Councilman Spray made a motion to approve Ordinance No. 2020-01 on the second reading, second by Councilwoman Shelton, motion carried unanimously.
Mayor Berg opened the public hearing for Ordinance No. 2020-02. No public comment. Public hearing was closed.
Ordinance No. 2020-02 AN ORDINANCE ENTITLED “ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR ENDING June 30, 2021” Councilman Sill made a motion to approve Ordinance No. 2020-02 on the second reading, second by Councilman Hooton, motion carried unanimously.
Mayor Berg opened the public hearing for Ordinance No. 2020-03. No public comments. Public hearing was closed.
Ordinance No. 2020-03 AN ORDINANCE ELIMINATING ORDIANCE LANGUAGE REMAINING FROM WHEN THE TOWN COLLECTED THE TOWN CITIZEN’S GARBAGE. Councilman Spray made a motion to approve Ordinance No. 2020-03 on the second reading, second by Councilwoman Shelton, motion carried unanimously.
Councilwoman Shelton made a motion to approve the purchase order for Arrow E Electric in the amount of $15,591.54, second by Councilman Hooton, motion carried unanimously.
Councilman Sill made a motion to approve the purchase order for Dave Norris Construction in the amount not to exceed $18,500.00, second by Councilwoman Shelton, motion carried unanimously.
Councilman Spray made a motion to approve the following bills: Airgas – cylinder rental $57.86, Alsco – janitorial supplies $283.09, Benedict Ace Hardware – monthly charges $1,919.82, BCBS – insurance $17,913.82, Bridger Valley Electric – utilities $9,232.72, Bridger Valley Joint Powers – water purchased $23,766.32, Bridger Valley Pioneer – advertising $339.20, Carrier Corp. – HVAC work $1,115.00, Caselle – software maintenance/support $780.00, Chemtech Ford – samples $60.00, Codale Electric - supplies $118.95, Covolo-Auto Farm Service – monthly charges $75.62, First Bank – credit card charges $10,201.00, Forsgren Engineering – misc. engineering $1,822.50, Richo USA – copier maintenance $18.77,
Mountainland Suppy - $670.40, Potters Awards – shredding $470.00, Ready Rocks – road base $746.07, Rock Springs Winnelson – supplies $201.92, USA Blue Book – aerators $14,622.22, Wyoming Waste – trash service $186.18, Westar Printing – office supplies $28.00, One Call of Wyoming – tickets for April $66.00, YAHA – contract service $2,500.00, Amanda & Chris Nelson – water deposit refund $57.00, Steve Shelton – frames $109.30, Cherilyn Peterson – barn cancellation refund $300.00, Ann Eyre – barn cancellation $250.00, second by Councilman Hooton, motion carried unanimously.
Councilman Sill made a motion to adjourn the Business Meeting, second by Councilwoman Shelton, motion carried unanimously.
Lisa Bradshaw, Clerk
Bronson Berg, Mayor
PUBLISHED: June 9, 2021 21106
TOWN OF MOUNTAIN VIEW, UINTA COUNTY, WYOMING
ORDINANCE NO. 2021-3
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CENTURYLINK COMMUNICATIONS, LLC ON BEHALF OF ITSELF AND ITS OPERATING AFFILIATES (“CENTURYLINK”) TO OPERATE AND MAINTAIN A TELECOMMUNICATIONS SYSTEM (“THE SYSTEM”) IN THE TOWN OF MOUNTAIN VIEW, WYOMING
WHEREAS, under Wyoming Statute § 15-1-103(a)(xxxiii), a town may grant franchises for such terms as the governing body deems proper to any utility company, provided no franchise may be entered into with any person in which that person is given an exclusive right for any purpose whatsoever; and,
WHEREAS, CenturyLink Communications, LLC on behalf of itself and its operating affiliates (“CenturyLink”) is a utility company that desires a franchise from the Town of Mountain View (“Town”); and,
WHEREAS, the Town has determined that it is in the public interest to grant a franchise to CenturyLink under the terms and conditions contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF MOUNTAIN VIEW, WYOMING:
SECTION 1. Grant of Franchise.
A. Subject to the terms and conditions set forth in this Franchise, the Town hereby grants to CenturyLink a nonexclusive authorization to construct, maintain, operate, upgrade, adjust, protect, support, raise, lower, disconnect, remove and relocate its cables, poles, wires, conduits, conductors, pipes and related appurtenances (“Facilities”) for its System in, under, along, over and across the present and future streets, alleys and avenues of the Town (“Public Ways”), for the purpose of providing telecommunications services and related services to the Town’s inhabitants.
B. Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable Town ordinance existing as of the effective date of this Franchise.
C. This Franchise shall not be interpreted to prevent the Town from imposing additional lawful conditions, including additional compensation conditions for use of Public Ways, should CenturyLink provide services other than telecommunications service (for example, a cable system for purposes of providing a cable service).
D. This Franchise is intended to convey limited rights and interests in Public Ways as set forth in Wyoming Statute § 15-1-103(a)(xxxiii) and its subsections. It is not a warranty of title or interest in any Public Way; it does not provide CenturyLink with any interest in any particular location within the Public Way; and it does not confer rights other than as expressly provided in the grant hereof.
SECTION 2. Acceptance by CenturyLink. This ordinance shall be published once in a newspaper of general circulation within the Town, pursuant to Wyoming Statute § 15-1-116, and shall become effective on the day following its publication. Within sixty (60) days after the passage of this Ordinance by the Town, CenturyLink shall file a signed copy thereof with the Town Clerk, otherwise the Ordinance and the rights, privileges and authority granted herein shall be null and void.
SECTION 3. Term. The term of this Franchise is five (5) years commencing on the date of acceptance by CenturyLink as set forth in Section 2, above. An option to extend for an additional five (5) years may be exercised by Licensee by giving written notice to the Town no later than six (6) months prior to the expiration of the initial term or any renewal term. The Town or Licensee may terminate the License by giving the other party at least ninety (90) days’ notice in writing and in advance of expiration of the initial term or any subsequent renewal term stating an intent to terminate the Franchise at the end of such existing term.
During the ninety (90) day period following receipt of a notice of intent to terminate, and before termination of the Franchise term, CenturyLink and the Town will use good faith efforts to renegotiate a replacement franchise agreement. That replacement franchise agreement is subject to the mutual written agreement of the parties at that time. The Town will treat CenturyLink in a competitively neutral and non-discriminatory manner.
SECTION 4. Franchise Fee.
A. Payments and Reports.
Annual Payments. As compensation to the Town for the use of the Town’s streets, alleys and rights-of-way as provided by this License, Licensee shall annually pay to the Town a franchise fee equal to the greater of either: (a) one dollar ($1.00) per linear foot of the system within the current town limits; or (b) 3% of Gross Revenues, as defined in Appendix A. This franchise fee will be paid to the Town annually for the term of this License, whether or not the system is currently in use.
2. No Accord and Satisfaction. No acceptance of any payment shall be construed as an accord and satisfaction by the Town that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Town may have for additional sums payable or for the performance of any other obligation of CenturyLink.
B. Franchise Termination. If this Franchise terminates for any reason, and CenturyLink ceases operations in the Town or is not in a negotiation with the Town of a replacement franchise, CenturyLink shall file with the Town within ninety (90) calendar days of the date of termination, a financial report, showing the Gross Revenues received by CenturyLink since the end of the previous fiscal year, which report will be prepared in the ordinary course of business, and certified by a responsible manager.
C. Late Payments. If any payment due is not received within sixty (60) days from the end of the calendar year, CenturyLink shall pay interest on the amount at the rate of eight percent (8%) per annum, compounded daily, calculated from the date that payment was originally due until the date the Town receives the payment.
D. Underpayments or Other Unpaid Amounts. If a net franchise underpayment is discovered as a result of an audit, or if any other amount remains unpaid, CenturyLink shall pay interest at the rate of eight percent (8%) per annum, compounded daily, calculated from the date each portion of the underpayment or other payment was originally due until the date CenturyLink remits the underpayment or other payment to the Town.
SECTION 5. Records Inspection. No more frequently than once every two (2) calendar years, the Town shall have the right to audit records to ensure compliance with this Franchise. The Town shall give reasonable written notice of its intent to audit. It is CenturyLink’s responsibility to collect and to make available to the Town, in an electronic format, all records upon which a franchise fee is required to be paid. If a Town review of payments shows that CenturyLink has underpaid the franchise fee by ten percent (10%) or more for the year, CenturyLink shall bear the cost of the audit. Such records are to be treated as proprietary and confidential by the Town, and no hard copies will be made.
SECTION 6. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the Town shall be nonexclusive, and the Town reserves the right to use the Public Ways for itself or any other entity. The Town’s use, however, shall not unreasonably interfere with CenturyLink’s Facilities or the rights granted to CenturyLink herein.
SECTION 7. Town Regulatory Authority. In addition to the provision herein contained, the Town reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties, and exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Wyoming, the laws of the State of Wyoming, Federal or local law.
SECTION 8. Indemnification.
A. General Indemnification. CenturyLink shall indemnify, defend and hold harmless, the Town, its officers, elected and appointed officials, employees, agents and volunteers, from any action or claim for injury, death, damage, loss, liability, cost or expense, including court appeal costs and reasonable attorneys’ fees and expenses, arising from any damage, casualty or accident to person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance or any other act done under this Franchise, by or for CenturyLink, its agents or employees, or by reason of any neglect or omission of CenturyLink, its agents or employees. CenturyLink shall consult and cooperate with the Town while conducting its defense of the Town.
B. Indemnification for Relocation. CenturyLink shall defend, indemnify and hold harmless the Town for any damages, claims, additional costs and reasonable expenses assessed against, or payable by, the Town arising out of, or resulting from, directly or indirectly CenturyLink’s failure to remove, adjust or relocate any of its facilities in the Public Ways in a timely manner in accordance with Section 14 of this Franchise. The Town shall send written notice to CenturyLink of any planned relocation.
C. Hazardous Substances Indemnification. CenturyLink shall defend, indemnify and hold harmless the Town against any damages, claims, additional costs and expenses of any kind, incurred by the Town arising out of a release by CenturyLink upon or adjoining the Public Way of hazardous substances (as referenced in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.) or as referenced in other Federal or State laws caused by the System.
SECTION 9. Insurance Requirements.
A. Minimum Scope and Limits of Insurance. CenturyLink will maintain in full force and effect for the term of the Franchise, at CenturyLink’s expense, a commercial general liability (“CGL”) insurance policy and an automobile liability insurance policy written by a company authorized to do business in the State of Wyoming, or will provide self-insurance reasonably satisfactory to the Town, protecting it against liability for loss, personal injury and property damage occasioned by the operation of the System by CenturyLink or the performance of the work hereunder by CenturyLink, its contractors, subcontractors, agents or representatives. Such insurance will be in an amount not less than $3,000,000. CenturyLink will also maintain Worker’s Compensation coverage throughout the term of this Franchise as required by law. CenturyLink will additionally maintain umbrella insurance in the amount of $5,000,000. Evidence of all such insurance will be provided to the Town by way of notice continually posted on CenturyLink’s website, at www.centurylink.com/moi.
B. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status. The Town, its officers, elected and appointed officials, employees, agents and volunteers are to be included as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CenturyLink including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement to CenturyLink’s insurance.
2. Primary Coverage. For any claims related to this contract, CenturyLink’s insurance coverage shall be primary insurance as respects the Town, its officers, elected and appointed officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Town, its officers, elected and appointed officials, employees, agents or volunteers shall be in excess of CenturyLink’s insurance and shall not contribute to it.
3. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise agreed to in writing by the Town.
SECTION 10. Assessment of Monetary Damages.
A. The Town may assess against CenturyLink monetary damages (i) up to one hundred dollars ($100) per day for general construction delays or payment obligations, or (ii) up to two hundred dollars ($200) per day for any other material breaches, and withdraw the assessment from the performance bond or collect the assessment as specified in this Franchise. Damages pursuant to this Section shall accrue for a period not to exceed one hundred twenty (120) days per violation proceeding. To assess any amount from the performance bond, the Town shall follow the procedures for withdrawals from the performance bond in this Franchise. Such damages shall accrue beginning thirty (30) days following CenturyLink’s receipt of the notice required by Section 16, or such later date if approved by the Town in its sole discretion, but may not be assessed until after the procedures in Section 16 have been completed.
B. The assessment does not constitute a waiver by the Town of any other right or remedy it may have under the Franchise or applicable law, including its right to recover from CenturyLink any additional damages, losses, costs and expenses that are incurred by the Town by reason of the breach of this Franchise. If CenturyLink refuses to indemnify the Town and a court finds that such action or course of conduct was a breach of this Franchise, then the Town shall also be entitled to recover its attorneys’ fees and costs associated with the litigation.
SECTION 11. Generally Applicable Bonds. CenturyLink shall be required to obtain bonds, such as generally applicable construction bonds, as reasonably deemed necessary by the Town on a project-by-project basis. The Town will treat CenturyLink in a non-discriminatory and a competitively neutral manner regarding any bonding requirements.
SECTION 12. Annexation.
A. Extension of Town Limits. Upon the annexation of any territory to the Town, the rights granted herein shall extend to the annexed territory to the extent the Town has such authority. All Facilities owned, maintained, or operated by CenturyLink located within any Public Ways of the annexed territory shall thereafter be subject to all of the terms hereof.
B. Notice of Annexation. When any territory is approved for annexation to the Town, the Town’s Director of Public Works (“Director”) or his/her designee shall within ten (10) business days provide by certified mail to CenturyLink: (a) each site address to be annexed as recorded on the Town assessment and tax rolls; (b) a legal description of the proposed boundary change; and (c) a copy of the Town’s ordinance approving the proposed annexation. The notice shall be mailed to: CenturyLink, 1025 Eldorado Blvd., Broomfield, CO 80021, Attn: Network Infrastructure Services, with a copy to CenturyLink, 931 14th Street, 9th Floor, Denver, CO 80202, Attn: General Counsel, or such other updated address as Century Link shall provide to the Town in writing by certified mail, return receipt requested. Notwithstanding the foregoing, failure of the Town to provide the notice described herein shall not constitute a material breach of this Franchise.
SECTION 13. Construction and Installation of CenturyLink’s Facilities.
A. All Facilities under authority of this Ordinance shall be used, constructed, installed and maintained in accordance with applicable law, codes and regulations.
B. CenturyLink shall, prior to commencing construction work in Public Ways or other public places, apply for a permit at its expense from the Town. CenturyLink will abide by all applicable ordinances, rules, regulations and requirements of the Town consistent with applicable law, and the Town may inspect the manner of such work and require remedies as may be necessary to assure compliance. CenturyLink shall obtain excavation permits for streets and alleys, regardless of surfacing types, and traffic control permits for all streets, and shall not obstruct the use of Public Ways. All lines, cables, fibers and conduits laid or installed under this Franchise shall be so located and placed as not to obstruct or interfere with any water pipes, drains, sewers or other structures already installed, and all such Facilities shall be installed subject to approval of the Director or his/her designee. Notwithstanding the foregoing, CenturyLink shall not be obligated to obtain a permit to perform emergency repairs but shall acquire one at its expense as soon as practicable thereafter.
C. To the extent practical and consistent with any permit issued by the Town, all Facilities shall be located so as to cause minimum interference with the Public Ways and shall be constructed, installed, maintained, renovated or replaced in accordance with applicable rules, ordinances and regulations of the Town, as they may be amended from time to time.
D. CenturyLink, in doing any work in connection with its Facilities, shall avoid, so far as practicable, interfering with the use of any Public Way or public place, and where the paving or surface of any street, alley or public place is disturbed, CenturyLink, at its own expense and in a manner satisfactory to the Director or his/her designee, shall replace such paving or surface in accordance with the standard specifications for street construction in the Town Code, and any other applicable policies, rules, ordinances and regulations, as they may be amended from time to time.
E. Paved streets shall be bored or drilled when crossed under the ground by CenturyLink’s Facilities so that the Town’s paved Public Ways will not be unnecessarily damaged. The Director or his/her designee, in his sole discretion, may allow other construction methods when it is found that drilling or boring is unreasonable and will not provide a sufficient public benefit for the cost.
F. If, during the course of work on its Facilities, CenturyLink causes damage to or alters the Public Way or other public property, CenturyLink shall replace and restore such Public Way or public property at CenturyLink’s expense to a condition equal to or better than the condition that existed immediately prior to such damage or alteration.
G. CenturyLink shall have the right to excavate the Public Ways subject to reasonable conditions and requirements of the Town. All excavation shall be performed in a manner that creates the least inconvenience to the public, and in accordance with permits and policies issued by the Town. In doing any work in connection with said Facilities, CenturyLink shall avoid, so far as practicable, interfering with the use of any street, alley or public place.
H. Upon request, CenturyLink agrees to meet with the Town and share information regarding GIS mapping layers and As-Built and strand maps or similar records kept in its usual course of business. Information will be shared by both sides as to the location of their facilities. No hard copies will be made by the Town of such information provided by CenturyLink.
I. Nothing in this Ordinance shall be construed to prevent the Town from constructing, maintaining, repairing, or relocating its sewers, streets, water mains, sidewalks, or other public property. However, before commencing any work within a Public Way that may affect CenturyLink’s Facilities, the Town shall give written notice to CenturyLink, and all such work shall be done, insofar as practicable, in such a manner as not to obstruct, injure, or prevent the free use and operation of CenturyLink’s Facilities
J. CenturyLink shall not attach to, or otherwise use or commit to use, any pole owned by the Town until a separate pole attachment agreement has been executed by the parties.
K. This Agreement does not establish priority for use of Public Ways over holders of other permits or franchises; it grants no vested interest in occupying any particular position in the Public Ways. The Town shall control distribution of space in the Public Ways, but may not exercise that authority unreasonably. No location of any of the Facilities shall give rise to a vested interest in public property.
SECTION 14. Relocation of Facilities and Discontinuing Use/Abandonment.
A. Relocation for the Town.
CenturyLink shall protect, support, adjust, raise, lower, temporarily disconnect, relocate, or remove any CenturyLink Facilities, property or equipment located in a Public Way when required by the Town consistent with its police powers or when reasonable public convenience requires such change (for example, without limitation, by reason of traffic conditions, public safety, Public Way vacation, Public Way construction, change or establishment of Public Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the Town for public purposes). Such work shall be performed at CenturyLink’s expense. Except during an emergency, the Town shall provide reasonable notice to CenturyLink of its need to relocate that is commensurate with the complexity of the project, but in all events never less than sixty (60) days and allow CenturyLink an opportunity to perform such action. Following notice by the Town, CenturyLink shall relocate, remove, replace, modify or disconnect any of its Facilities or equipment within any Public Way, or on any other property of the Town. If the Town requires CenturyLink to relocate its facilities located within the Public Way, the Town shall provide CenturyLink an alternative location within the Public Way.
B. Relocation for a Third Party. CenturyLink shall, at the request of any person or entity holding a lawful permit issued by the Town, protect, support, adjust, raise, lower, temporarily disconnect, relocate or remove any CenturyLink Facilities, property or equipment located in the Public Ways, provided that the cost of such action is borne by the person requesting it and CenturyLink is given advance written notice of not less than sixty (60) days. In such situation, CenturyLink may also require advance payment by the benefited person or entity.
C. Temporary Changes for Other Permittees. At the request of any person or entity holding a valid permit upon reasonable advance notice, CenturyLink shall temporarily raise, lower or remove its Facilities, property or equipment as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes must be paid by the permit holder, and CenturyLink may require a reasonable deposit of the estimated payment in advance.
D. Alternatives to Relocation. CenturyLink may, after receipt of written notice requesting a relocation of its Facilities, submit to the Town written alternatives to such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent Public Ways. The Town shall promptly evaluate such alternatives and advise CenturyLink in writing if one or more of the alternatives are suitable. If requested by the Town, CenturyLink shall promptly submit additional information to assist the Town in making such evaluation. The Town shall give each alternative proposed by CenturyLink full and fair consideration. In the event the Town ultimately determines that there is no other reasonable alternative, CenturyLink shall relocate the components of the System as otherwise provided herein.
E. Discontinuing Use/Abandonment of System Facilities. Whenever CenturyLink intends to discontinue using any facility in the Public Ways, CenturyLink shall submit for the Town’s approval a complete description of the facility and the date on which CenturyLink intends to discontinue using the facility. CenturyLink may remove the facility or request that the Town permit it to remain in place and to convey same to Town through a letter of abandonment or bill of sale. The Town may require CenturyLink to perform a combination of abandonment, modification or removal of the facility upon a reasonable schedule set by the Town. Until such time as CenturyLink abandons, removes or modifies the facilities, as directed by the Town, CenturyLink shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use, and CenturyLink shall retain all liability for such facility during such time. If CenturyLink abandons its facilities, the Town may provide CenturyLink with written notice of the Town’s desire to utilize such abandoned facilities, and CenturyLink shall then have one hundred eighty (180) days in which to respond with either assent to transfer such facilities to the Town, or an affirmation that such facilities are not abandoned, in which case the facilities shall remain with CenturyLink. Upon assent by CenturyLink to the transfer of such facilities, the parties shall execute appropriate documentation to memorialize the transfer.
SECTION 15. Vegetation Management. CenturyLink shall have the authority to trim trees and other natural growth in the Public Ways in order to access and maintain the Facilities in compliance with applicable law and industry standards. This grant shall in no way impose a duty on CenturyLink; instead, this grant gives permission to CenturyLink should CenturyLink elect to conduct such activities from time-to-time in order to access and maintain its Facilities.
SECTION 16. Franchise Noncompliance; Claims Under Franchise.
A. In the event that the Town believes that CenturyLink has not complied with the terms of the Franchise, the Director or his/her designee shall informally discuss the matter with CenturyLink. If these discussions do not lead to resolution of the problem, the Town shall notify CenturyLink in writing of the exact nature of the alleged noncompliance.
B. CenturyLink shall have thirty (30) days from receipt of the written notice described in subsection 16.A. to either respond to the Town, contesting the assertion of noncompliance and requesting a public hearing of same, or otherwise initiate reasonable steps to remedy the asserted noncompliance issue, notifying the Town of the steps being taken and the projected date that they will be completed. A public hearing shall be held within thirty (30) days of the request.
C. The Town and CenturyLink agree that, except to the extent inconsistent with applicable law, any and all claims asserted and arising under this Franchise, including from the determination of a public hearing held pursuant to subsection 16.B., above, shall be heard and determined in the District Court, Ninth Judicial District, Pinedale, Wyoming as the exclusive venue and jurisdiction for said matters.
SECTION 17. Reservation of Rights. Neither the Town nor CenturyLink shall be excused from complying with any of the terms and conditions contained herein by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. Each party expressly reserves any and all rights, remedies, and arguments it may have at law or equity, without limitation, and to argue, assert and take any position as to the legality or appropriateness of any provision in this Ordinance that is inconsistent with State or Federal law, as may be amended.
SECTION 18. Transfer of System or Franchise. CenturyLink’s right, title or interest in the System or Franchise shall not be sold, transferred, assigned, or otherwise encumbered without prior written notice to and written consent of the Town, except when said sale, transfer, assignment, or encumbrance is to an entity controlling, controlled by, or under common control with CenturyLink, or for transfers in trust, by mortgage, by other hypothecation, or by assignment of any right, title or interest of CenturyLink in the Franchise or System in order to secure indebtedness.
SECTION 19. Amendment. Amendments to the terms and conditions contained herein shall be mutually agreed upon in writing by the Town and CenturyLink.
SECTION 20. Notices. Any notice required or permitted to be given hereunder shall be deemed sufficient if given by a communication in writing and shall be deemed to have been received (a) upon personal delivery or (b) within three (3) business days after such notice is deposited in the United States Mail, postage prepaid, certified, and addressed to the parties as set forth below:
Town of Mountain View, Wyoming
Attn: Mayor
Bryan Ayres
Mountain View, WY 82939
CenturyLink
Franchise Rights-of-Way Attorney
100 CenturyLink Dr
Monroe, LA 71203
With a copy to:
CenturyLink
Legal Department
931 14th Street, 9th Floor
Denver, CO 80202
SECTION 21. Severability. If any section, sentence, paragraph or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority, including any state or federal regulatory authority having jurisdiction thereof, or unconstitutional, illegal or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such determination shall have no effect on the validity of any other section, sentence, paragraph or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal thereof.
SECTION 22. Governmental Claims Act. The Town does not waive any right it may have pursuant to the Wyoming Governmental Claims Act, W.S. § 1-39-101, et seq., and the Town specifically reserves the right to assert any and all rights, immunities, and defenses it may have pursuant to the Wyoming Governmental Claims Act.
APPENDIX A
LISTING OF SERVICE CATEGORIES INCLUDED IN “GROSS REVENUE” FOR
CALCULATION OF FRANCHISE FEES
Business Local Access -- including Flat Rate, Multiparty, and Extended Area Service
Business Measured Usage Local Access Service
Flat Usage Local Access Trunks
Low Income Telephone Assistance Program Local Access
Measured Rate Local Access Trunk Usage
Message Rate Local Access Trunk Usage
Public Access Line (PAL) Service
Residential Local Access -- including Flat Rate, Multiparty, and Extended Area Service
Residential Measured Usage
THE FOLLOWING IS A NON-EXCLUSIVE LISTING OF CATEGORIES OF REVENUE NOT REPRESENTING THE RETAIL SALE OF LOCAL ACCESS SERVICES AND THEREFORE EXCLUDED FROM THE DEFINITION OF “GROSS REVENUES” AND, THEREFORE, ARE NOT INCLUDED IN THE CALCULATION OF ANY FEE DUE TO THE TOWN
Proceeds from the sale of bonds, mortgages, or other evidences of indebtedness, securities or stocks
Bad debt write-offs and customer credits
Revenue from directory advertising
Any amounts collected from customers that are to be remitted to a federal or state agency as part of a Universal Service Fund or other government program, including but not limited to support for the hearing impaired
Any amounts collected for taxes, fees, or surcharges and paid to the federal, state or local governments
Revenues from internet access
Revenues from digital or other electronic content, such as computer software, music and video downloads
Revenues from equipment sales, rentals, installation and maintenance
Revenues from any carrier purchased for resale
Revenues from private line services not for switched local access service
Passed and approved on First reading May 4, 2021
Public Hearing May 18, 2021
Passed and approved on Second reading May 18, 2021
Passed and approved on Third and Final Reading June 1, 2021
Mayor Bryan Ayres
Attest: Penny Robbins, Town Clerk
PUBLISHED: June 11, 2021 21104
PUBLIC NOTICE
Notice is hereby given that Beck Land and Livestock has applied for a Land Use District Change (Zone Change) and Subdivision Permit for a parcel of land in Sections 32 and 33, T 13N R113 W. The application would allow a change from the Agricultural/ Resource/Development (ARD) Land Use District to the Residential (R) Land Use District for the development of a four lot Residential subdivision entitled the Beck Lonetree Subdivision.
A public hearing on this matter will be held before the Board of Uinta County Commissioners on Tuesday, June 15, 2021, at approximately 2:00 p.m. in the Commission Chambers of the Uinta County Complex, Evanston, Wyoming.
PUBLISHED: June 4, 11,2021 21102
