City of Ellsworth Franchise Ordinance with H&B Cable Service Section 5

(First Published in the Ellsworth County Independent/
Reporter, September 13, 2018 and reprinted November 15, 2018)

RE: Ordinance No. 3090
Approved by the Ellsworth City Council
September 10, 2018

Section 5 was approved by the City Council as:

SECTION 5
TAXES

5.1 Taxes. H&B Cable agrees that it will be solely responsible for the payment of any and all taxes, fees and assessments levied on its ownership, use and maintenance of the Network and this Agreement. Pursuant to Section 79-5a01 et seq. of the Kansas Revenue and Taxation Code, the City hereby advises, and H&B Cable recognizes and understands, that H&B Cable use of the City’s ROW, the New Poles, and/ or other non-ROW city property and facilities may create a possessory interest subject to real property taxation and that H&B Cable may be subject to, and responsible for, the payment of real property taxes levied on such interest. H&B Cable will cooperate with the Ellsworth County Assessor in providing any information necessary for the Assessor to make a property tax determination. H&B Cable reserves the right to challenge any such assessment, and the City agrees to cooperate with H&B Cable in connection with any such challenge.

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