7-13-21 Bridger Valley Pioneer Legals


TOWN OF MOUNTAIN VIEW, UINTA COUNTY, WYOMING
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
WHEREAS, Union Telephone Company d/b/a Union Wireless, (Company), a corporation created and existing under the laws of the State of Wyoming, desires to construct, erect, renew, repair, maintain and operate in, upon, along, across, under and over the streets, alleys, and all other public rights-of-way within the Town of Mountain View, Wyoming (Town) a system for the provision of telecommunication services; and,
WHEREAS, Article 13, §4 of the Wyoming Constitution states that no street passenger railway, telegraph, telephone, or electric light line shall be constructed within the limits of any municipal organization without the consent of its local authorities; and,
WHEREAS, Town desires to grant to Company, its successors and assigns, a non- exclusive Franchise to construct, erect, renew, repair, maintain, upgrade and operate in, upon, along, across, under and over the streets, alleys, and all other public rights-of-way within the corporate limits of Town, a system for transmission of telecommunications services, and to provide for compensation to Town for management of its rights-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF MOUNTAIN VIEW, STATE OF WYOMING:
Section 1. Non-exclusive Franchise.
That Company is hereby granted a non-exclusive Franchise (Franchise) to construct, erect, renew, repair, maintain, upgrade, and operate a system for transmission of telecommunications services in, upon, along, across, under and over the streets, alleys, and all other public rights-of-way within the corporate limits of the Town.
Section 2. Definitions.
For the purposes of this Ordinance and Agreement, the following terms, phrases, words, and their derivations will have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. All terms not otherwise defined herein are defined pursuant to 47 U.S.C. §153 (Definitions).
“Right-of-Way” means any highway, street, road, sidewalk, alley, or other public right-of-way or public utility easement under the jurisdiction and control of the Town, which has been acquired, established, dedicated, or devoted to such purposes.
“Telecommunications System” or “System” means those Facilities necessary for Company to provide Telecommunications Service.
“Town Council” means the governing body of Town.
Section 3. Grant of Authority.
(a) This Ordinance and Agreement grants permission and authority to Company, subject to the terms and conditions of this non-exclusive Franchise, to construct, erect, renew, repair, maintain, upgrade and operate in, upon, along, across, under and over the streets, alleys and all other public rights-of-way of the Town, a Telecommunications System, including but not limited to lines, poles, anchors, wires, cable, conduit, vaults, hand holds, laterals and other fixtures and equipment (the “Facilities”), and to use said System for the transmission of sound, signals, data, or other means of Telecommunications for a period of Five (5) years from and after its acceptance of this Franchise.
(b) An option to extend for an additional five (5) years may be exercised by Company by giving written notice to Town no later than six (6) months prior to the expiration of the initial term or any renewal term.
(c) Any rights, privileges, and authority granted to Company under this Franchise are subject to the rights of the police power of Town.
(d) Nothing in this Franchise excuses Company of its obligation to obtain use and/or development authorization and permits from Town before entering, occupying, or using rights-of-way to construct, install, operate, maintain, repair, or remove such Facilities.
(e) Nothing in this Franchise excuses Company of its obligation to comply with applicable codes, rules, regulations, and standards, subject to verification by Town of such compliance.
(f) Nothing in this Franchise shall be construed to limit taxing authority or other lawful authority to impose charges or fees, or to excuse Company of any obligation to pay lawfully imposed charges or fees.
(g) Nothing in this Franchise shall be construed to create a duty upon Town to be responsible for construction of Facilities or to modify rights-of-way to accommodate Company’s Facilities.
(h) Nothing in this Franchise shall be construed to create, expand, or extend any liability of Town to any third-party user of Company’s Facilities or to otherwise recognize or create third party beneficiaries to this Franchise.
(i) In the event at least six (6) months’ prior to the expiration of this Franchise, written notice is given by Town to Company, or by Company to Town of a desire to terminate the permission and authority granted by this Franchise, the permission and authority granted by this Franchise shall thereupon expire in accordance with such notice. Whereupon this Ordinance and Agreement shall be null and void and of no effect whatsoever and all rights and privileges granted by this Franchise shall be at an end except for the indemnification obligations of Company.
Section 4. Location of Facilities.
(a) In the event the location of Company’s Facilities and the Telecommunications System, and the construction thereof, or any change or extension (or the removal thereof), shall necessitate the disturbance of any street, alley, or other public right-of-way, then such shall be subject to the approval of the Department of Engineering and Department of Public Works, which approval shall not be unreasonably denied, conditioned or delayed.
(b) Company shall place on file with the Town Clerk plans showing the location and character of each pole and each conduit to be erected or laid, and the location of manholes, handholds, vaults, or other openings to gain access to said conduit; and no portion of the Telecommunications System or associated Facilities shall be erected, constructed, or laid upon, under or over any street, alley, or other public right-of-way, until a permit therefore has issued, subject to the approval of the Department of Engineering, which shall indicate the time, manner and place of laying, constructing or erecting the said Telecommunications System.
(c) In any instance (except as expressly otherwise provided below) where Town requires construction in the public right-of-way for purposes of repair, widening, repaving, regrading or any other relevant purpose where Company’s Telecommunications System and associated Facilities are installed, Company shall, as soon as reasonably possible, upon written notice from Town, remove or relocate its Facilities to conform with Town’s written notice. Any portion of public right-of-way disturbed by Company’s removal or relocation of its Telecommunications System and associated Facilities, shall be restored by Company to the condition existing prior to Company’s construction. Company shall, upon receipt of written notice from Town, for a period of twelve (12) months following Company’s removal, relocation, and restoration of public rights-of-way subject to this sub-section, repair any damaged, uneven, or settled sections of right-of-way caused by Company’s removal or relocation of its Facilities.
(d) Company may place its Facilities underground or above ground subject to Town approval, and provided Company places its Facilities in a manner non-discriminatory to other Telecommunications Service providers. Subject to the terms and conditions of this Franchise and the Town Code, Company may place optical cable, optical cable housing, and splicing connections on existing utility poles as overhead Facilities, if approved by the owner of the utility poles and Town.
(e) Company’s Facilities shall not interfere with the use of rights-of-way or Town property by Town, the general public, or other persons authorized to enter, occupy, or use rights-of-way or Town property. Whenever new Facilities will exhaust the capacity of a right-of- way to reasonably accommodate future users or Facilities, Company shall provide nondiscriminatory access to its conduit to future users and facilities subject to the approval of Company and third-party users. However, Company shall not permit installations by others in its conduit in Town without written approval of Town, which approval shall not be in lieu of a franchise or other requirements of Town and shall not abrogate Company’s responsibility for compliance with this Franchise by third party users of the Telecommunications System.
(f) Upon receipt of reasonable notice by Town, Company shall relocate its Facilities at its expense at the request of Town in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare.
Section 5. Poles, Conduit, Structures, and Property Owned by Others.
Company shall obtain written approval from the owners of utility poles, conduit, structures, and property not owned by Company, prior to attaching to or otherwise using such poles, conduit, structures, or property, and shall provide proof of such approval to Town. The installation of Facilities by Company on or in the poles, structures, or property owned by others shall be subject to and limited by owner (or owners) authority to enter, occupy, and use rights-of-way. In the event that the authority of the owner (or owners) of poles, structures, or property to enter, occupy, and use the rights-of-way either expires, terminates, or is cancelled, the authority of Company to construct, install, operate, maintain, and repair Company’s Facilities at such locations may be immediately cancelled at Town’s sole option. Town shall not be liable for the costs of removal of Facilities arising from expiration, termination, or cancellation of any pole owner(s) authority to enter, occupy, or use rights-of-way for any reason whatsoever. However, Town shall seek alternative placement of said facilities working in good faith and with all reasonable efficiency together with Company to accomplish the process of maintaining its service to the citizens.
Section 6. Construction and Installation Requirements.
(a) The technical performance of the Facilities must meet or exceed all applicable industry standards.
(b) All Facilities shall be installed pursuant to the engineering, quality, and construction practices and standards of the telecommunications industry.
(c) All Facilities shall be constructed and installed in such manner and at such points so as not to: inconvenience Town or public use of the rights-of-way; or, adversely affect the public health, safety or welfare; and, in conformity with plans approved by Town.
(d) Company’s installations and operations shall conform to all federal, state, local, and industry codes, rules, regulations, standards, and laws. Company must cease work immediately upon notice, if Town reasonably determines Company is not in compliance with such codes, rules, regulations, or standards. Company may not begin or resume work until Town determines that Company is in compliance. Town shall not be liable for any costs arising out of delays occurring as a result of such work stoppage.
(e) Company shall have the sole responsibility for obtaining, at its own cost and expense, all permits, licenses, or other forms of approval or authorization necessary to construct, operate, maintain, or repair or expand the System, and to construct, maintain and repair any part thereof, including right-of-way use permits.
(f) Any tree trimming shall be in accordance with all of relevant provisions of the Town’s Code.
(g) Neither approval of plans by Town, nor any action or inaction by Town shall relieve Company of any duty, obligation, or responsibility for the design, construction, and installation of its Facilities. Company is solely responsible for the supervision, condition, and quality of the work done, whether it is performed by itself or by its contractors, agents, or assigns.
(h) Except as to emergency repairs, Company shall, prior to excavating within any street, alley or other public place and installing any conduit, overhead cable or equipment therein, file with the Public Works Director plans and specifications showing the work to be done, the location and nature of the installation to be made, repaired or maintained, and a schedule showing the times of beginning and completion and shall secure a permit from Town before proceeding with any such work. Company shall conform to all requirements of Town’s applicable Code and regulations, as such requirements and regulations currently exist or may be amended. Upon completion of the work, Company shall provide Town with as-built maps showing the final location of the Facilities.
(i) All construction and/or maintenance work as provided herein shall be performed in conformity with the plans and specifications filed with Town and with the permit or permits issued.
(j) In the event of an emergency requiring immediate action by Company for the protection of the Facilities, Town property, or other persons or property, Company may proceed without first obtaining the normally required permits. In such event Company must: (1) take all necessary and prudent steps to protect, support, and keep safe from harm the Facilities or any part thereof, Town property, or other persons or property and to protect the public health, safety, and welfare; and, (2) as soon as practicable, must obtain the required permits and comply with any mitigation requirements or other conditions of such permit.
(k) Whenever necessary, after construction or maintenance of any of Company’s Facilities within the Right-of-Way, Company shall, without delay and at Company’s sole expense, remove all debris and restore the surface disturbed by Company as nearly as possible to as good or better condition as it was in before the work began. Such restoration shall be done in a manner consistent with applicable codes and laws and to Town’s satisfaction and specifications.
(l) Company shall provide Town with GIS level maps showing the size and location of the Facilities within Town in a format acceptable to Town, subject to Town’s agreement to maintain the confidentiality of such information to the extent allowed by law. Town agrees that it will comply with all applicable law and regulation regarding public disclosure of Company’s maps and information and will withhold such disclosure from any third party to the extent allowed by law. Any map or information furnished to the Town pursuant to this Franchise shall remain the Company’s proprietary information for all purposes to the extent allowed by law. Company shall provide locates and field verify its Facilities at no cost to Town. Prior to any disclosure of Company proprietary information in Town’s possession by Town, Town will provide Company such notice as may be required in order that Company may seek an injunction or other equitable relief to prevent disclosure before Town will make such disclosure.
(m) Company shall be solely and completely responsible for workplace safety and safe working practices on its job sites within Town, including safety of all persons and property during the performance of any work.
(n) Company shall restore the right-of-way to pre-construction condition or better. Company agrees to pay all costs and expenditures required on rights-of-way as a result of settling, subsidence, or any other need for repairs or maintenance resulting from excavations made by Company for necessary trench patch maintenance for the earlier of a period of twelve (12) months following construction or until the next paving job. Favorable weather conditions permitting, Company agrees to repair rights-of-way as a result of settling, subsidence, or other needed repairs or maintenance resulting from excavations made by the Company upon forty-eight (48) hours’ notice excluding weekends and holidays. If Company fails to undertake or begin such repairs within forty-eight (48) hours’ actual notice, Town may perform the repairs at Company’s expense.
Section 7. Coordination of Construction and Installation Activities and Other Work.
(a) Company shall coordinate its construction and installation activities and other work with Town and other users of the rights-of-way at least annually or as reasonably determined by Town.
(b) Company shall conduct its construction and installation activities at all times so as to avoid conflicts with the facilities of other users, occupants, utilities, franchisees, or permittees of the rights-of-way.
Section 8. Safety and Maintenance Requirements.
(a) All work authorized and required under this Franchise shall be performed in a safe, thorough, and workmanlike manner.
(b) Company, in accordance with applicable federal, state, and local safety requirements, shall at all times employ necessary care and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to occur. All Facilities, wherever situated or located, shall at all times be kept in a good, safe, and suitable condition. If Town finds that Company is responsible for a violation of a safety code or other applicable regulation, upon Company’s receipt of written notice, Town may, after discussion with Company, establish in writing a reasonable time for Company to make necessary repairs. If the repairs are not made within the established written time frame, Town may make the repairs itself at Company’s cost.
(c) If Company fails to timely commence, pursue, or complete any work as required by law, permit, or this Franchise, Town may at its discretion cause the work to be done. Company shall pay to Town the reasonable and documented actual costs of the work in an itemized invoice provided by Town to Company within 30 days after receipt of such invoice.
(d) Town reserves the right to install, and/or permit to be installed, sewer, electric, phone, gas, water and other pipelines, cables, conduits, and related appurtenances and to do, or permit to be done, any underground or overhead work in, across, along, over or under a right-of- way or other public place occupied by Company. Town also reserves the right to construct new streets and public utilities and to alter the design of existing streets and public utilities. In performing such work, Town shall not be liable to Company for any damage except to the extent of Town’s negligence, but nothing herein shall relieve any other person or entity from the responsibility for damages to Company’s Facilities. Town will use its best efforts to provide Company with reasonable advance notice of plans by other persons to open the rights-of- way.
(e) Upon notice from Town that any work is being performed contrary to the provisions herein, or in an unsafe or dangerous manner, or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards, Town may issue a stop work order and Company shall stop such work immediately. Town shall issue a stop work order in writing, unless given verbally in the case of an emergency, and provide the order to the individual doing the work or post it on the work site. A copy of the order shall be sent to Company, and the order shall indicate the nature of the alleged violation or unsafe condition and the conditions under which Company may resume work.
Section 9. Removal of Unauthorized Facilities.
Within thirty (30) days following written notice from Town, Company shall, at its expense, remove unauthorized Facilities and restore the rights-of-way and other property to as good a condition as existed prior to construction or installation of its Facilities. Any plan for removal of said Facilities must be approved by Town prior to such work.
Section 10. Abandonment of Facilities.
Town may, in its sole discretion, allow Company to abandon its Facilities in place, provided no Facilities may be abandoned in place without the express written consent of Town. Upon abandonment in place of Facilities, the Facilities shall become property of Town and Company shall submit to the Town an instrument in writing transferring to Town the ownership of such Facilities. The failure of Company to submit an instrument shall not prevent, delay, or impair transfer of ownership to Town.
Section 11. Restoration of Rights-of-Way and Other Property.
(a) When Company, or any person acting on its behalf, does any work in or affecting any right-of-way or other property, it shall, at its own expense, promptly remove any obstructions therefrom and restore, at Company’s cost, such right-of-way and property to as good a condition as existed before the work was undertaken.
(b) If weather or other conditions do not permit the complete restoration required by this section, Company shall temporarily restore the affected rights-of-way or property. Such temporary restoration shall be at Company’s cost, and Company shall promptly undertake
and complete the required permanent restoration, when the weather or other conditions no longer prevent such permanent restoration.
(c) All restoration work is subject to inspection and final approval by Town. The affected rights-of-way and property shall be restored to a comparable or better condition by Company. If restoration is not made to the satisfaction of Town within the established timeframe, Town may make the restoration itself at Company’s cost.
Section 12. Compensation.
Federal law confirms the authority of a State or local government to manage the public rights-of-way and to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of- way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government (see 47 U.S.C. §253(c)). Therefore, as consideration for costs incurred by Town for managing the public rights-of-way occasioned by Company’s use and occupancy of public rights-of-way for provision of Telecommunications Services, Company shall pay to Town the sum of two thousand five hundred dollars ($2,500) upon Company’s acceptance of this Franchise, and one percent (1%) of its annual gross revenues commencing on the effective date of this Franchise and two percent (2%) of its annual gross revenues commencing on January 1, 2022 or such earlier date if agreed to in writing between Town and another telecommunications provider on a competitively neutral and nondiscriminatory basis, derived from the operation of its Telecommunications System and Facilities in Town. Company’s initial payment shall be due within thirty (30) days after final approval of this Franchise, Ordinance and Agreement by the Town Council. Subsequent payments shall be due within thirty (30) days after the anniversary date of final approval and acceptance hereof. Company and Town mutually acknowledge the foregoing sums to be fair and reasonable compensation for management of Company’s use and occupancy of the public rights-of-way.
Section 13. Compliance with Existing Law.
This Franchise is contingent for its existence and continuance upon Company’s continued compliance with all relevant state and federal statutes and regulations, including rules and regulations promulgated by the Wyoming Public Service Commission.
Section 14. Indemnification.
(a) The Company shall, at its own expense, defend, indemnify, and hold harmless Town from any and all claims, actions, causes of action, suits, liabilities, damages, judgments, settlements, costs and expenses of every kind, including attorneys’ fees and expenses, which may arise or result by reason of or in consequence of the acts, omissions or negligence of Company, its employees or agents.
(b) Company hereby expressly waives and releases all claims, which it now has or may hereafter acquire, against Town arising from or growing out of any damages
to the property of Company resulting from any act or omission of Town, its agents and employees, except those damages caused by the intentional acts or intentional omissions of Town, its agents and employees occurring prior to and after the date of the passage and acceptance of this Ordinance and Agreement.
Section 15. Insurance.
(a) Company shall obtain and maintain, at its cost, worker’s compensation insurance in accordance with State law requirements and the following liability insurance policies insuring Company and, including as additional insureds as their interest may appear under this Franchise, Town, Town’s elected officials, employees and agents, against claims for injuries to persons or damages to property, which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Company:
1. Commercial General Liability Insurance, written on an occurrence basis, with limits not less than $2,000,000 per occurrence for bodily injury (including death) and for damage to property.
2. Commercial Automobile Liability Insurance for owned, non-owned and hired vehicles with a combined single limit of $2,000,000 for each accident for bodily injury and property damage.
3. Umbrella Insurance in the amount of $5,000,000.
(b) The liability insurance policies required by this section shall be maintained by Company throughout the term of this Franchise, such other periods of time during which Company’s Facilities occupy rights-of-way, and while Company is engaged in the removal of its Facilities. Company shall provide an insurance certificate, together with a blanket additional insured endorsement evidencing Town, and its elected officials, employees and agents as additional insureds as their interest may appear under this Franchise, to Town prior to the commencement of any construction or installation of any Facilities pursuant to this Franchise or other work in a right-of-way. Payment of deductibles and self-insured retentions shall be the sole responsibility of Company. Company’s insurance shall be primary insurance with respect to Town, its elected officials, employees and agents. Any insurance maintained by Town shall be in excess of Company’s insurance and shall not contribute to it.
(c) Within thirty (30) days of the renewal of any insurance required hereunder, Company shall provide Town with a certificate of insurance evidencing renewal
Section 16. Construction Bond.
Company shall file with Town a construction bond, in the amount of 125% of Company’s estimated cost of work in the rights-of-way or as otherwise specified by Town, at the time Town grants Company a requested construction or right-of- way use permit. This bond shall be maintained throughout the period of time that Company is performing work under such applicable permit. In the event Company fails to comply with any law, ordinance, or regulation governing the Franchise or the permit, or fails to perform, observe, and fulfill each term, condition and covenant of the Franchise or the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damage or loss suffered by Town.
Section 17. Additional Ducts and Conduits.
Whenever Company is constructing, relocating, or placing conduits in the right-of-way and whenever Town has made a request for ducts or conduits in advance of such installation, Company shall construct and install ducts and conduits when and where requested by Town and related structures necessary to access the ducts and conduits, subject to the separate mutual written agreement of the parties to include charges paid by Town for Company’s incremental costs. The conduits and ducts shall remain the property of Company unless the Town requests the installation of separate conduit to be paid for and owned by Town. Such Company ducts and conduits shall be readily accessible and available for use as determined by Town in its reasonable discretion.
Section 18. Records.
(a) Town will have access to, and the limited right to inspect only those documents and records of Company reasonably related to Town’s management of its rights- of-way related to this Franchise and the payment of compensation by Company to Town.
(b) If the requested documents and records are too voluminous or for security reasons cannot be copied or removed, then Company may request, in writing within ten (10) days of Town’s request, that Town inspect them at Company’s local office. If any documents or records of Company are not kept in a local office and/or are not made available in copies to Town, and if Town determines that an examination of such documents or records is necessary to its management of the rights-of-way subject to this Franchise, then reasonable travel and related costs and expenses incurred in making such examination shall be paid by Company.
Section 19. Default.
In the event Company shall default in the observance or performance of any one or more of the agreements, duties or obligations imposed upon it by any of the provisions and conditions of this Franchise, and if any such default or defaults shall continue for a period of thirty (30) days (exclusive of all times during which Company may be delayed or interfered with by unavoidable accidents, acts of God, labor strikes, or the orders or judgment of any commission or court entered in any suit or proceeding) after written notice thereof to Company from Town, which notice is actually received by Company, stating the alleged default on the part of Company, then and in each and every such case, Town, in addition to all other rights and remedies allowed by law, shall be entitled to terminate the grant made to the Company in and by this Franchise, Ordinance and Agreement, and all rights and privileges of the Company under this Franchise shall thereupon be at an end.
Section 20. Notices.
Any notice required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified:
Town of Mountain View, Wyoming
Attn: Mayor, Bryan Ayres
324 WY-414
Mountain View, WY 82939
Union Telephone Company
850 North Highway 414
P.O. Box 160
Mountain View, WY 82939
Attn: Chief Technical Operations Officer
WITH A COPY TO:
Jason S. Wilcox
Corporate Counsel
Union Telephone Company
850 North Highway 414
P.O. Box 160
Mountain View, WY 82939
Section 21. Miscellaneous.
(a) Non-Waiver. The failure of either party to this Franchise to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise by the party and shall not prevent the party from demanding compliance with such terms or conditions at any future time or pursuing its rights or remedies.
(b) Governing Law. This Franchise will be governed by federal law, the laws of the State of Wyoming, and local law.
(c) Descriptive Headings. The headings of the sections and subsections of this Franchise are for reference purposes only and do not affect the meaning or interpretation of the text herein.
(d) Costs and Attorneys’ Fees. If any action or suit arises in connection with this Franchise, the substantially prevailing party will be entitled to recover all of its costs and attorneys’ fees, as well as costs and attorneys’ fees on appeal, in addition to such other relief as the court may deem proper.
(e) No Joint Venture. Nothing herein will be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party, act toward third persons or the public in any manner that would indicate any such relationship with the other.
Actions of Town or Company. In performing their respective obligations under this Franchise, Town and Company will act in a reasonable, expeditious, and timely manner.
Time Is of the Essence. Whenever this Franchise sets forth a time for any act to be performed by Company, such time shall be deemed to be of the essence, and any failure of Company to perform within the allotted time may be considered a breach of this Franchise and sufficient grounds for the Town to invoke any relevant remedy.
(f) Counterparts. This Franchise may be executed in one or more counterparts, all of which together shall constitute the original.
(g) Severability. If any section, sentence, clause or phrase of this Franchise is for any reason declared to be illegal, invalid, unconstitutional or void by a court of competent jurisdiction, all other provisions hereof not so held shall be and remain in full force and effect.
(h) Entire Agreement. This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written negotiations between the parties.
(i) Modification. The parties may alter, amend or modify the terms and provisions of this Franchise upon written agreement of both parties to such alteration, amendment or modification.
Section 22. Effective Date.
This Franchise and its enacting Ordinance shall be in full force from and after the date of its publication.
Section 23. Assignment.
With the prior written consent of Town, which shall not be unreasonably conditioned, limited, withheld, or delayed, all of the rights and privileges granted to Company hereunder may pass to its legal successor or successors or by assignment to any corporation acquiring all or substantially all of the assets or equity of Company, or that part thereof located in Town, subject to all the terms and conditions of this Franchise, and provided that said successor or successors or said assignee shall have filed with the Clerk its acceptance of said terms and conditions.
Section 24. Repeal.
All Ordinances or parts of Ordinances in conflict with this Franchise are hereby repealed, if any such conflict does in fact exist.
Passed and approved on First reading June 1, 2021
Public Hearing June 15, 2021
Passed and approved on Second reading June 15, 2021
Passed and approved on Third and Final Reading July 6, 2021
Mayor Bryan Ayres
Attest: Penny Robbins, Town Clerk
PUBLISHED: July 16, 2021 21138

NOTICE OF ACCEPTANCE AND FINAL SETTLEMENT LYMAN HIGH SCHOOL WATER PROJECT TOWN OF LYMAN
NOTICE IS HEREBY PUBLISHED that the Town of Lyman has accepted as completed all work on the Lyman High School Water Project according to the plans, specifications and rules set forth between the Town of Lyman and CME Enterprises LLC, the Contractor is entitled to settlement thereof.
Final payment will be made after the completion of publication of this Notice. The date of first publication is July 2nd, 2021 and the date of final settlement will be after August 12th, 2021 and when all punch list items are complete.
Any claim or claims for work or labor due, or for materials or supplies furnished, must be accordingly filed with the Town of Lyman prior to the above published date of final settlement.
Town of Lyman
P.O. Box 300
Lyman, WY 82937
PUBLISHED: July 2, 16, Aug. 6, 2021 21126

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 Board of Uinta County Commissioners on Tuesday, July 20, 2021, at approximately 2:00 p.m. in the Commission Chambers of the Uinta County Complex, Evanston, Wyoming.
PUBLISHED: July 9, 16, 2021 21132

STATE OF WYOMING ) IN THE DISTRICT COURT
)ss. THIRD JUDICIAL DISTRICT
COUNTY OF UINTA ) Civil Action Case No. 21-113
) FILED IN THE DISTRICT COURT
) OF UINTA COUNTY, WYOMING
IN THE MATTER OF THE
CHANGE OF NAME )
Isabel Nieva Munoz )
(Petitioner) )
NOTICE OF PUBLICATION
You are hereby notified that a Petition For Change of Name, civil Action No. 20-113, has been filed on behalf of Isabel Nieva Munoz in the Wyoming District Court for the third Judicial District, whose address is 225 9th Street, Evanston, WY, the object and prayer of which is to change the name of the above-named person from Isabel Nieva Munoz to Isabel Nieva Saavedra-Tase.
Any objection must be filed with the District court within 30 days following the last date of publication of this notice, or an Order Granting Name Change may be granted without further notice.
DATED this 18th day of June, 2021BY CLERK OF COURT
_________Kerri Wright__________
Clerk of District Court / Deputy
PUBLISHED: June 25, July 2, 9, 16, 2021 21117

PUBLIC NOTICE
Notice is hereby given that Brian Tims, Agent for Cody and Lucinda Wight has applied for a Land Use District Change (Zone Change) and Subdivision Permit for a parcel of land in Sections 13 and 24, T15N 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 five (5) lot Residential subdivision entitled the BT Marketing Subdivision.
A public hearing on this matter will be held before the Uinta County Planning and Zoning Commission on Wednesday, July 28, 2021, at approximately 7:00 p.m. in the Mountain View Town Hall, Mountain View, Wyoming.
PUBLISHED: July 16, 23, 2021 21140

PUBLIC NOTICE
Notice is hereby given that Brian Tims, Agent for Cody and Lucinda Wight has applied for a Land Use District Change (Zone Change) and Subdivision Permit for a parcel of land in Sections 13 and 24, T15N 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 five (5) lot Residential subdivision entitled the BT Marketing Subdivision.
A public hearing on this matter will be held before the Uinta County Planning and Zoning Commission on Wednesday, July 28, 2021, at approximately 7:00 p.m. in the Mountain View Town Hall, Mountain View, Wyoming.
PUBLISHED: July 16, 23, 2021 21140

NOTICE OF HEARING ON UINTA COUNTY SCHOOL DISTRICT NO. 6 BUDGET
Notice is hereby given that a public hearing on the proposed budget for School District No. 6 for the fiscal year ending June 30, 2022 which is now being considered by the Board of Trustees of School District No. 6, will be held at Lyman, Wyoming, on the 21 day of July, 2021 at eight o’clock p.m., at which time any and all persons interested may appear and be heard respecting such budget.
SUMMARY OF BUDGET
Cash Available Estimated
for Budget Revenues
July 1, for Budget Estimate Cash Estimated Tax 2021 Without Levy Pius Revenues Appropriations Requirements
Funds
General $1,980,295.00 $10,895,267.00 $12,875,562.00 $12,799,899.00 $1,904,701.00
Special Revenue $36,629.00 $1,183,004.00 $1,219,633.00 $1,183,004.00 $0.00
Debt Service $375,190.00 $3,000.00 $378,190.00 $1,000.00 $0.00
Capital Projects $2,363,689.00 $760,500.00 $3,124,189.00 $505,000.00 $0.00
Food Service $128,954.00 $576,806.00 $705,760.00 $476,798.00 $0.00
Building Fund $177,226.00 $55,760.00 $232,986.00 $257,495.00 $0.00
Recreational Mill $259,499.00 $111,250.00 $370,749.00 $218,800.00 $63,191.00
Region V BOCES $0.00 $0.00 $0.00 $12,639.00 $12,639.00
UCSD #4 & #6 BOCES $0.00 $0.00 $0.00 $31,596.00 $31,596.00
Housing $61,749.00 $16,200.00 $77,949.00 $30,400.00 $0.00
Early Childhood BOCES $0.00 $0.00 $0.00 $31,596.00 $31,596.00
UCSD #4 & #6 BOCES (voter) $0.00 $0.00 $0.00 $31,596.00 $31,596.00
Board of Trustees of School District No. 6
Uinta County, Wyoming
Attest: /s/ Sherri Bluemel, Chairman of Board of Trustees
/s/ E. Sue Dunn, Clerk of School District
PUBLISHED: July 16, 2021 21141

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