AN ORDINANCE GRANTING THE CITY OF LINN VALLEY A FRANCHISE TO USE THE CITY RIGHT OF WAY LOCATED ON THE WEST SIDE OF ROBERTSON ROAD IN THE CITY OF LA CYGNE, COUNTY OF LINN, STATE OF KANSAS, TO CONDUCT THE BUSINESS OF CONSTRUCTING, INSTALLING, MAINTAINING, MANAGING, AND OPERATING WATER MAINS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LA CYGNE, LINN COUNTY, KANSAS, GRANTOR, AS FOLLOWS:

The City of Linn Valley, Grantee, a city organized under the laws of the State of Kansas, with a license to do business in the State of Kansas, and its successors and assigns, are hereby granted the right, in operating the Linn Valley Water Distribution System, to construct, install, maintain, and repair the water main piping in the City of La Cygne located within the public right of way on the west side of Robertson Road; as Grantee, its successors and assigns, may require, along Robertson Road for the purpose of such business under the following terms and restrictions:

1.    This grant shall be effective beginning June 18, 2025 (effective date), and subject to all laws and ordinances regulating, taxing, and controlling water main systems in the city.

2.    The water main installed in accordance with this ordinance shall be placed in the public right of way on the West side of Robertson Road so as not to interfere with or injure unnecessarily any drains, sewers, catch basins, or other like public improvements and, if such be injured, Grantee shall repair any damages caused to the satisfaction of the governing body of the city, and in default thereof, the city may repair such damage and charge the cost to Grantee.

3.    The water main of the Grantee, its successors and assigns shall be installed in such a manner so as not to interfere unreasonably with the orderly conduct of the business and rights of any other public service corporation having a right or franchise to operate its business in the city.

4.    All work of locating underground facilities and placing water main by virtue of this ordinance, shall be done with the cooperation of the Mayor of the City of La Cygne or Public Works Superintendent.

5.    The franchise and all rights hereunder may not be assigned by the Grantee, without the written consent of the governing body of La Cygne, and the successors and/or assigns shall succeed to all rights, duties, and liabilities of the Grantee hereunder.

6.    All ordinances and agreements or parts of ordinances and agreements in conflict with this ordinance are hereby repealed.

7.    The terms of this ordinance shall apply until the effective date of a subsequent ordinance. Written notice of termination for this franchise agreement shall be provided at least ninety (90) days prior to the requested termination date.

8.    If any portion of this ordinance for any reason is held to be invalid, such portion shall be considered severed from the remainder of this ordinance and the remainder shall be unaffected and continue in full force and effect

(07-02-2025)