On the agenda: Evanston meeting — data center (May 19)

CITY COUNCIL AGENDA
MAY 19th, 2026
CITY COUNCIL CHAMBERS, CITY HALL 5:30 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVE AGENDA
ACKNOWLEDGE CITY COUNCIL MINUTES FOR MAY 5th, 2026, and
WORK SESSION MINUTES FOR MAY 12th, 2026.
APPROVE BILLS

COUNCIL COMMENTS

PUBLIC HEARINGS/SPECIAL ORDERS
•

Public Hearing regarding sale of City of Evanston property to the Wyoming
Department of Transportation for signal replacement and ADA compliance.

CONSENT AGENDA

All matters listed under the Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion in the form listed below. There will be no separate discussion of these items. If
discussion of any item is desired, that item will be removed from the Consent Agenda and considered
separately.

•

Street Closure requested by Downtown Evanston for School’s Out – Summer’s
In, Downtown Evanston’s Promotional Event on Main Street from 9th Street to 10th
Street, on Friday, May 29th, 2026.

•

Street Closure Permit requested by James Sitz for a neighborhood Father’s Day
Party on Sunday, June 21st, 2026, on 19th Street, between West Center and West
Sage Streets, from 11:00 am to 11 pm.

•

Parade Route requested by Nicole Hardin for Evanston Cowboy Days for the
Annual Cowboy Days Celebration and Labor Day Parade on Monday, September
7th, 2026, beginning at 10:00 am.

•

Limited Malt Beverage Permit requested by Nicole Hardin for the 90th Annual
Evanston Cowboy Days Celebration and Rodeos at 122 Bear River Drive for the
following dates and times:
Friday, September 4th, 2026
Saturday, September 5th, 2026
Sunday, September 6th, 2026
Monday, September 7th, 2026

4:00 pm to 11:00 pm
4:00 pm to 11:00 pm
4:00 pm to 11:00 pm
1:00 pm to 5:00 pm

UNFINISHED BUSINESS

NEW BUSINESS
•

RESOLUTION 26-16 A Resolution of the Governing Body of the City of Evanston,
Wyoming authorizing and approving Change Order No. 1 for the 2026 Street
Maintenance (Overlay) Project.

•

RESOLUTION 26-17 A Resolution of the City of Evanston, Wyoming authorizing the
execution of a Memorandum of Agreement with and conveyance of real property to
the Wyoming Department of Transportation (“WYDOT”).

•

MOTION

to appoint an Official Voting Delegate and Alternate for WAM’s Summer

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Convention Business Meeting, held Thursday, June 4th, 2026, in Cheyenne, Wyoming.
•

MOTION to Award the Evanston Parks and Recreation Facility Rockery, Slope Repair
and Drainage Improvement Project to the apparent low bidder Precision Earthworks,
Inc., a Utah Corporation.

COMMENTS, REMARKS FROM DEPARTMENTS

PUBLIC PARTICIPATION

ADJOURNMENT

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EVANSTON CITY COUNCIL
First Regular Meeting
May 5th, 2026
The official record of proceedings of the first meeting of the Evanston City Council for the month of May
was held in the Council Chambers of City Hall on the above date. These proceedings were video recorded.
Mayor Williams led those in attendance in the Pledge of Allegiance to the Flag.
The roll was called and with a quorum being present, Mayor Williams called the meeting to order at 5:30
p.m. and welcomed everyone present.
Those present from the governing body at the start of the meeting were: Mayor Williams; Council members,
Henry Schmidt, Jesse Lind, Evan Perkes, Dave Welling, Mike Sellers, Jen Hegeman.
Staff members present at the start of the meeting were: City Attorney/Prosecutor, Mark Harris; City
Treasurer, Trudy Lym; City Clerk, Diane Harris; City Engineer, Damon Newsome; Director of Parks and
Recreation, Kim Larson; Public Works Director, Gordon Robinson and Police Lieutenant, Ken Pearson.
Community Development Director, Rocco O’Neill, Police Chief, Mike Vranish and Information Technology
Coordinator, Preston Sheets were excused. A group of interested citizens was also present.
Approve Agenda
Council member Perkes moved, Council member Welling seconded, to approve the agenda.
The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
Approve Minutes

The official record of proceedings for the City Council Meeting held April 21st, 2026 and City Council
Work Session held April 28th, 2026 were approved as presented.
Bills
Council member Schmidt moved, Council member Sellers seconded, to approve the following bills
for payment:
Apr 22, 2026 to May 05, 2026
VENDOR
Axa Equivest
Beneficial Life
Delta Dental
Evanston Peace Officers
Health Equity
IRS
NCPERS
Orchard Trust
Parks & Recreation
The Hartford
Washington National
WEBT
Wyoming Child Support
Wyoming Dept of Workforce Services
Wyoming Retirement
Payroll 04/05/26 – 04/18/26
Alpha Roofing
Alsco
AT&T
Badge & Wallet
Best Kind Embroidery
Birdsall Voss & Associates
Cazin’s
CD’s Electric
Chemtech-Ford Laboratories
City Employees
Core & Main
Court Bonds
Deposit Refunds
DLL Finance
E. Dean Stout
Evanston Parks & Recreation
Evanston Regional Hospital
Evanston Uinta County Airport
Fastenall
First Bank
Freeway Tire
Geoffrey J Phillips
Great Basin Turf
Green Source
Highland Golf

FOR
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Payroll
Services
Laundry Services
Cell Phones/Internet
Supplies
Services
Services
Parts
Services
Testing
Refund
Parts
Refunds
Refund
Contract
Contract
City Subsidy
Testing
Contract
Parts
Visa
Tires
Services
Supplies
Supplies
Parts

1

AMOUNT
188.00
150.00
8,310.75
240.00
2,871.66
54,478.15
96.00
3,393.32
185.70
228.40
472.60
215,823.74
264.92
8,353.17
87,172.16
174,160.07
325.00
806.78
3,410.58
184.35
252.84
3,675.41
460.02
83.00
460.00
289.03
9,891.86
1200.00
100.00
3,038.67
4,000.00
116,445.13
195.32
24,590.00
349.45
25,905.29
13,051.03
750.00
12,222.00
250.00
1,539.74

J-Bar Excavation
Joe Hampton
JUB Engineers
Kallas Automotive
Mile High Turf Grass
Morcon Industrial
Mountainland Supply
Murdochs
Norco
Novus Glass
Out On a Limb
Peaks & Prairies
Prime Field Service
Public Safety UAS
Pye Barker Fire Safety
Real Kleen Janitorial
Reladyne
Rocky Mountain Power
Rocky Mountain Turf
Roto-Aire Sales & Services
Shred-It USA
Standard Plumbing
Taylor Made Golf
Titleist
Tom’s HVAC
Turf Equipment & Irrigation
Uinta County Senior Citizens
Walmart
Westech Equipment
Western Water Consultants
Whitaker Construction
Wyoming Department of Employment
Yamaha
The motion passed with 7 yes votes:

Sand
Services
Contract
Parts
Supplies
Supplies
Parts
Supplies
Parts
Services
Services
Dues
Services
Registration
Services
Equipment
Fuel
Utilities
Parts
Supplies
Services
Parts
Supplies
Supplies
Services
Parts
Contract
Restitution
Services
Contract
Contract
Unemployment
Contract

1,632.03
500.00
3,938.40
431.65
5,506.00
212.05
3,409.12
991.30
61.10
590.00
2,250.00
530.00
5,990.61
3,025.00
1,013.75
14,428.26
19,958.10
19,219.51
335.26
1,588.45
239.09
6.18
889.53
3,524.15
7,370.40
178.26
25,000.00
328.88
649.55
4,032.51
159,837.50
1,944.00
4,900.49

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
Council Comments

Council members reminded everyone to keep our service members in mind. Comments were made about
the painted crosswalks downtown, National Detention Officer week, the passing of community members
and gratitude for the moisture this week.
Appointment of Municipal Court Judge
Council member Welling moved, Council member Perkes seconded, to confirm the Mayor’s
appointment of the Municipal Judge:
Municipal Judge – Eric Phillips
The motion passed with 6 yes votes:

Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.

Mr. Phillips was sworn in as Municipal Judge by the City Clerk.
Consent Agenda
Council member Schmidt moved, Council member Lind seconded, to approve the following
Consent Agenda Item:
Street Closure and Parade Route requested by Elsie Crompton with the All Alumni Committee for the
Noise Parade on Saturday, July 4th, 2026. Street Closure from 9:00 – 10:00 am on Main Street, starting
at the library, to Harrison Drive, down to Front Street, ending at Depot Square. Parade at 10:00 am down
Main Street, right on Harrison, right on Front Street ending at the depot.
The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
ORDINANCE 26 – 03
Sponsor: Councilor Sellers

Council member Perkes moved, Council member Welling seconded, to pass Ordinance 26-03 on
Third and Final Reading.
ALL WEST COMMUNICATIONS, LLC FRANCHISE AGREEMENT
AN ORDINANCE GRANTING A FRANCHISE TO ALL WEST/WYOMING INC. ON BEHALF OF
ITSELF AND ITS AFFILIATES (“ALL WEST) TO OPERATE AND MAINTAIN A
TELECOMMUNICATIONS SYSTEM (“SYSTEM”) IN THE CITY OF EVANSTON, WYOMING
FINDINGS

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In review of All West, the City of Evanston, Wyoming (“City”) makes the following findings:
All West’s technical ability, financial condition, legal qualifications, and character were considered
in a full public proceeding after due notice and a reasonable opportunity to be heard on April 21, 2026;
All West’s plans for operating the System were considered and found adequate and feasible in a
full public proceeding after due notice and a reasonable opportunity to be heard on April 21, 2026; and
City.

The Franchise granted to All West by the City complies with the existing laws and regulations of the

Section 1) Grant of Franchise. The City hereby grants to All West the non-exclusive right, privilege and
authority to construct, maintain, operate, upgrade, adjust, protect, support, raise, lower, disconnect, remove
and relocate its, wires, conduits, conductors, cables and related appurtenances (“Facilities”) for its System
in, under, along, over and across the present and future streets, roadways, avenues, courts, lanes, alleys,
sidewalks, rights of way and similar public areas of the City (“Right-of-Way” or “Rights-of-Way”), for the
purpose of providing telecommunications services to the City’s inhabitants (hereinafter “Franchise”). The
Franchise area is defined as the area within the legal boundaries of the City.
All West agrees, with regard to the placement of its Facilities, that it shall first attempt to use established
public utility easements if, space is available, and in good faith, All West determines the placement is
technically and economically feasible. All West further agrees to secure the approval of WYDOT, the Union
Pacific Railroad, and private Right-of-Way or easement owners as necessary before placing any of its
facilities.
Section 2) Acceptance by All West. Within sixty (60) days after the passage of this Ordinance by the City,
All West shall file a signed copy thereof with the City Clerk; otherwise the Ordinance and the rights granted
herein shall be null and void.
3) Term. The term of this Franchise commences upon the passage of this Ordinance and continues in full
force and effect for ten (10) years (“Initial Term”), unless at the end of the first five (5) years of this Franchise,
either party provides written notice to the other of its intent to renegotiate the terms of the Franchise no later
than one hundred eighty (180) days before the expiration of the first five (5) year period. If the parties fail
to reach agreement at the end of the first five (5) year period, this Franchise will renew for subsequent twelve
(12) month periods until either Party provides written notice of its intent to terminate the Franchise at least
thirty (30) days prior to the expiration of the current renewal term.
If the term of this Franchise continues for ten (10) years, then this Franchise will renew for subsequent
twelve (12) month periods until either party provides written notice of its intent to terminate the Franchise
at least thirty (30) days prior to the expiration of the current renewal term. The Initial Term and any renewal
term may be collectively referred to as the “Term.”
Section 4) Franchise Fee. As of the effective date of this Franchise, All West will pay the City a Franchise
Fee of three percent (3%) of revenues received for the provision of local telecommunication services within
the City calculated based upon All West’s Gross Revenues (based upon the services defined in Appendix
A hereto) generated by the System (the “Franchise Fee”). Payment shall be made quarterly within thirty
(30) days after the last day of the quarter to which the payment applies during the Term of this Franchise.
Section 5) Obligation in Lieu of Fee. In the event that the Franchise Fee specified herein is declared void
for any reason by a court of competent jurisdiction or applicable law, the Franchise Fee provided for herein
shall be adjusted in accordance with applicable laws, provided the terms are applied on a competitively
neutral and nondiscriminatory basis for similarity situated users of the rights of way. Further, to the extent
allowed by law, All West shall collect the alternative amounts agreed upon through a surcharge upon Utility
Service provided to City residents and businesses who are customers of All West.
Section 6) Remittance of Franchise Fee.
6.1 Correction of Franchise Fee Payments. Pursuant to the authority granted to municipalities to regulate
and grant franchises under Wyo. Stat. Ann. Section 15-1-103 (a)(xxxiii) and in the interest of fiscal
accountability, the following procedures shall apply. In the event that either the City or All West discovers
that there has been an error in the calculation of the Franchise Fee payment to the City, either party shall
provide written notice of the error to the other party. If the party receiving the notice does not agree with the
written notice of error, that party may challenge the written notice in writing within thirty (30) days; otherwise,
the error shall be corrected and adjustments applied in the next quarterly payment following discovery.
If the error results in an overpayment of the Franchise Fee to the City in excess of Five Thousand
Dollars ($5,000.00), credit for the overpayment shall be applied to the successive quarterly payments. If
such period would extend beyond the term of this Franchise, All West may elect to require the City to refund
the overpayment, with such refund amortized over the same period the error went undiscovered -- even if
payments occur after the termination date of this Franchise. All underpayments of the Franchise Fee shall
be corrected in the next quarterly payment following discovery, together with interest computed at the rate
established by the Wyoming Public Service Commission for customer security deposits from the date the
amount was due until the date paid. In no event shall either party be obligated to correct, refund or recover
any underpayment or overpayment which occurred more than five (5) years before the discovery of the
error.
6.2 Audit of Franchise Fee Payments.
A) Every five (5) years during the Term of this Franchise, the City may, upon written notice to
All West request that All West conduct an internal audit to investigate and determine the

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correctness of the franchise fees paid to the City. Such audit shall be limited to a maximum
of the previous two (2) calendar years. Within sixty (60) days following the City’s written
request, All West shall provide a written report to the City Clerk containing the audit
findings.
B) If the City disagrees with the results of the audit, and if the parties are not able to informally
resolve their differences, the City may conduct its own audit, and All West shall cooperate,
including but not necessarily limited to, providing the City’s auditor with all information
reasonably necessary to complete the audit or by making such information available via
email within a reasonable time thereafter for review by the City.
C) If the results of a City audit conducted pursuant to subsection 6.2(B) conclude that All West
has underpaid the City by two percent (2%) or more, in addition to the obligation to pay
such amounts to the City and interest, All West shall also pay all reasonable costs of the
City’s audit.
D) This Franchise Fee relates only to the permission to use a public Right-of-Way under the
terms and conditions set forth. The Franchise Fee shall not relieve All West from
compensating the City to the extent that City permits are otherwise required in accordance
with applicable law. The Franchise Fee is separate and apart from permit fees and any
amounts collected for taxes or surcharges paid to federal, state, or local governments.
6.3 Fee Disputes. Either party may challenge any written notification of error as provided for in this
Franchise by filing a written notice to the other party. The other party shall respond to any written notice
of error within thirty (30) days from such other party’s receipt of the written notification of error. The written
notice shall contain a summary of the facts and reasons for the party’s challenge. The parties shall make
good faith efforts to resolve any such challenge and to provide such reasonable documentation to support
any such written notification of error.
Section 7) Records Inspection. All West shall make available to the City, upon reasonable advance written
notice of no less than sixty (60) days, such records and information as are reasonably necessary to enforce
the terms of this Ordinance, and in such form and at such times as All West can reasonably provide. Subject
to applicable laws, including the Wyoming Public Records Act (Wyo. Stat. Ann. Sections 16-4-201 through
16-4-205), any records or information designated by All West as proprietary or confidential and provided to
the City for in-camera review shall be treated as confidential and shall not be disclosed publicly or used for
any purpose other than verifying compliance with this Ordinance. Any such records provided to the City
shall be promptly returned to All West following review, and the City shall not retain or reproduce any copies,
except as may be required by the Wyoming Public Records Act or other applicable federal, state or local
law or as may be reasonably necessary for recordkeeping by the City Clerk or legal counsel and only if
such materials are protected under applicable confidentiality requirements. If a request is made under the
Public Records Act for disclosure of All West’s confidential information, the City shall promptly notify All
West in writing, so that All West may seek protective relief or other appropriate remedies. Unless and until
a court of competent jurisdiction determines that such records must be disclosed under law, the City shall
maintain their confidentiality. The City agrees to disclose confidential information only to those of its
employees, representatives, legal counsel, or agents who have a legitimate need to know such information
for purposes of enforcing the Franchise and who are under a legal obligation to preserve its confidentiality.
Nothing in this section shall prevent the City from complying with a final court order requiring disclosure of
records under the Wyoming Public Records Act or other applicable law.
Section 8) Non-Exclusive Franchise. The right to use and occupy the Rights-of-Way of the City shall be
non-exclusive, and the City reserves the right to use the Rights-of-Way for itself or any other entity. The
City, however, shall not unreasonably interfere with All West’s Facilities or the rights granted All West
herein.
Section 9) City Regulatory Authority. The City 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 consistent with applicable Federal and State
law.
Section 10) Indemnification. Except to the extent arising out of the negligence or willful misconduct of the
City, the City shall not be liable for any property damage or loss or injury to or death of any person that
occurs in the construction, operation or maintenance by All West of its Facilities. All West shall indemnify,
defend and hold the City harmless from and against claims, demands, liens and all liability or damage,
attorneys’ fees, costs and expenses of whatsoever kind or nature on account of All West’s use of the Rightof-Way, except to the extent arising out of the negligence or willful misconduct of the City. Despite the
foregoing language, the Parties agree the City shall have no indemnification obligations that exceed or are
in contravention of any applicable law, including, but not limited to, Wyoming Constitution Article 16,
Sections 6 and 7.
Section 11) Insurance Requirements.
11.1 All West will maintain in full force and effect for the term of the Franchise, at All West’s expense, the
following insurance coverage:
A) Workers’ Compensation and Employers Liability Insurance. All West shall provide to the
City proof of workers’ compensation coverage for all its employees who are to work on the
Facilities within the Right-of-Way. All West’s coverage shall be under the Wyoming

4

Workers’ Compensation program, if statutorily required, or such workers’ compensation
insurance as appropriate. All West’s insurance shall include liability coverage, in an amount
not less than one million dollars ($1,000,000) per employee for each accident or disease.
All West shall also supply to the City proof of workers’ compensation and employer’s
liability insurance for any contractor or subcontractor before allowing that contractor or
subcontractor on the job site.
B) Commercial General Liability Insurance. All West shall provide coverage, during the entire
Term, against claims arising out of bodily injury, death, damage to or destruction of the
property of others, including loss of use thereof, and including underground collapse and
explosion, and products and completed operations, in an amount not less than two million
dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) general
aggregate.
C) Business Automobile Liability. All West shall maintain, during the entire term, automobile
liability insurance for owned, non-owned and hired vehicles in an amount not less than one
million dollars ($1,000,000) per occurrence.
11.2 Policies Primary. All policies required hereunder shall be in effect for the Term of this Agreement. All
policies shall be primary and not contributory with respect to claims arising out of All West’s construction,
operation, or maintenance of Facilities under this Franchise. All West shall pay the premiums on all
insurance policies. All West shall provide the City with written notice of cancellation, non-renewal, or
material reduction in required coverage within five (5) business days after receiving notice thereof from its
insurer. All West shall use commercially reasonable efforts to maintain continuous coverage and shall not
voluntarily cancel, fail to renew, or materially reduce required insurance without at least thirty (30) days’
prior written notice to the City.
11.3 City as Additional Insured. All insurance policies required hereunder, except workers’ compensation,
shall name the City as an additional insured with respect to liability arising out of All West’s operations
under the Franchise, and shall contain a waiver of subrogation against the City, its agents and employees.
All West shall provide a copy of an endorsement providing this coverage.
11.4 City’s Right to Reject. The City reserves the right to reject a certificate of insurance if the insurance
company is widely regarded in the insurance industry as financially unstable.
Section 12) Maps and Installation of All West’s Facilities.
12.1 All Facilities under authority of this Ordinance shall be used, constructed and maintained in
accordance with applicable law.
12.2 All West shall provide to the City upon written request of All West such then existing as-built maps
and/or drawings as the City may reasonably request, in a form reasonably prescribed by the City, including
electronic formats that can be imported into the City’s Geographical Information System (“GIS”) for all
facilities installed after the effective date of this Franchise. All West shall also provide as-built maps and/or
drawings to City staff, when specifically requested. This requirement shall not require All West to create
new maps and/or drawings of existing facilities if All West does not then possess such maps and/or
drawings. Facilities plans shall be provided to the City within ninety (90) days of the effective date of this
Ordinance and shall be updated upon completion of any significant additions to All West’s Facilities in the
City. For purposes of this Section, “Facilities Plans” means maps, drawings, or GIS-compatible data
reasonably depicting the location of Facilities All West intends at the time of the adoption of this Franchise
to construct within the public Rights-of-Way. “Facilities Plans” shall not include internal business plans,
conceptual expansion plans, or other proprietary planning documents not prepared in the ordinary course
of construction or installation. Information, if confidential, shall be marked as such and maintained as
confidential as permitted under applicable law and shall not be disclosed except as required by law.
12.3. All West shall, prior to commencing new construction (which involves disturbance of the Right-ofWay) or major reconstruction work in public Right-of-Way or other public places, apply for a permit from the
City at All West’s expense, in accordance with City Code and fee schedules adopted by City, which permit
shall not be unreasonably withheld, conditioned or delayed. All West will abide by all applicable ordinances
and reasonable, generally applicable, rules, regulations and requirements of the City consistent with
applicable law, and the City may inspect the manner of such work and require remedies as may be
reasonably necessary to assure compliance. Notwithstanding the foregoing, All West shall not be obligated
to obtain a permit beforehand to perform emergency repairs to its Facilities but shall be required to contact
the City prior to making any such repairs or reasonably soon thereafter following any need to restore All
West’s services. Permits shall not be required for routine maintenance or repair; however, permits shall be
pulled after completion of emergency repairs so that the City will have a record of such work. All
contractors and subcontractors of All West shall also be required to pull permits at their expense, unless
such contractors and subcontractors are operating under All West’s permit, as provided above, except for
routine maintenance or repairs.
12.4 To the extent practical and consistent with any permit issued by the City, all Facilities shall be located
and agreed upon so as to cause minimum interference with any existing utilities, third-party equipment or
the Rights-of-Way and shall be constructed, installed, maintained, renovated or replaced in accordance
with applicable rules, ordinances and regulations of the City.

5

12.5 If, during the course of work on its Facilities, All West causes damage to or alters the Rights-of-Way
or other public property, All West shall replace and restore such Rights-of-Way or public property at All
West’s sole cost and expense to a condition reasonably comparable to the condition that existed
immediately prior to such damage or alteration.
12.6 Before installation of new underground facilities or replacing existing underground facilities, All West
shall first notify the City. The filing of any properly completed permit application shall constitute All West’s
notice. Thereafter, and within ten (10) business days of such notice, the City shall notify All West in writing
whether it elects to either share the trench for laying of its own facilities to the extent feasibly possible or
provide a price for adding empty conduit to the extent feasibly possible, provided that such action will not
unreasonably delay All West’s project completion or increase All West’s construction costs. Failure to
respond within such period shall constitute a waiver of such opportunity for the applicable project. Any
such work or facilities shall be offered to the City at All West’s incremental cost.
12.7 Nothing in this Ordinance shall be construed to prevent the City from constructing, maintaining,
repairing, replacing or relocating its sewers, streets, water mains, sidewalks, or other public property.
12.8 In areas where all other utility lines are placed underground, All West shall construct and install its
Facilities underground. In areas where one or more public utilities are aerial, All West shall contact the
City to determine if All West will be allowed to install its Facilities aerially, or above ground.
12.9 All West shall not attach to, or otherwise use or commit to use, any pole owned by the City until a
separate pole attachment agreement has been executed by the parties.
12.10 To promote efficiencies, All West shall coordinate its work in the Rights-of-Way with the City and
other users of the Rights-of-Way.
12.11 During construction in the Rights-of-Way, All West shall obtain bonds, such as generally applicable
construction bonds, in accordance with the City’s ordinary policies and procedures to cover repairs,
remedial work and restoration of the Rights-of-Way. See, e.g., City of Evanston Muni. Code. § 21-8.
Section 13) Relocation of Facilities.
13.1 Relocation for the City. The City agrees to provide All West with as much advance written notice as is
reasonably possible of any requirement for the City to protect, support, adjust, raise, lower, temporarily
disconnect, relocate or remove All West’s Facilities for a public purpose. Weather permitting, All West shall,
upon receipt of advance written notice of not less than ninety (90) days or such reasonable period of time
that the Parties may agree, protect, support, adjust, raise, lower, temporarily disconnect, relocate, or
remove any All West property located in the Rights-of-Way when required by the City consistent with its
police powers. All West shall be responsible for any costs associated with these obligations to the extent
required under applicable federal, state or local law.
13.2 Relocation for a Third Party. All West shall, at the request of any person holding a lawful permit
issued by the City, protect, support, adjust, raise, lower, temporarily disconnect, relocate or remove any
All West property located in the Rights-of-Way, provided that the cost of such action is borne by the third
party requesting it, and All West is given advance written notice of not less than sixty (60) days. In said
situation, All West will require advance payment of the costs in amounts reasonably estimated by All West.
13.3 Alternatives to Relocation. All West may, after receipt of written notice requesting a relocation of
Facilities, submit to the City written alternatives to such relocation. Such alternatives shall include, but are
not limited to, the use and operation of temporary transmitting facilities in adjacent Rights-of-Way. The City
shall promptly evaluate such alternatives and advise All West in writing if one or more of the alternatives
are suitable. If requested by the City, All West shall promptly submit additional information to assist the City
in such evaluation. The City shall give each alternative proposed by All West full and fair consideration. In
the event the City determines there is no reasonable alternative, All West shall relocate the components
of the System as otherwise provided herein. Notwithstanding the foregoing, All West shall in all cases
have the right to abandon the Facilities and convey title to the City.
Section 14) Vegetation Management. All West shall have the authority, but not the obligation, to trim trees
and other natural growth in the Rights-of-Way in order to access and maintain its Facilities in compliance
with applicable law and industry standards. This right shall in no way impose a duty on All West; instead,
this right gives permission to All West should All West elect to conduct such activities from time-to-time in
order to access and maintain its Facilities. Prior to trimming trees or other natural growth in the Rights-ofWay, All West shall give adjacent private property owners at least ten (10) days prior written notice.
Section 15) Renewal. At least one hundred twenty (120) days prior to the expiration of this Ordinance, All
West and the City shall meet, using best faith efforts, to begin negotiating Franchise renewal.
Section 16) Revocation of Franchise for Non-Compliance.
16.1 In the event the City believes that All West has materially not complied with the terms of this
Ordinance, the City shall informally discuss the matter with All West. If those discussions do not lead to
resolution of the problem, the City shall notify All West in writing of the exact nature of the alleged
non­compliance. Material non-compliance shall mean a failure to comply with a material provision of this

6

Ordinance that substantially frustrates the purpose of this Franchise and remains uncured after notice and
opportunity to cure. Events caused by force majeure, acts of third parties, and events outside All West’s
control shall not be grounds for revocation.
16.2 All West shall have thirty (30) days from receipt of the written notice described in subsection 16.1
to either respond to the City, contesting the assertion of non-compliance, or otherwise initiate reasonable
steps to remedy the asserted non-compliance issue, notifying the City of the steps being taken and the
projected date that the steps will be completed. If the non-compliance cannot reasonably be cured within
thirty (30) days, All West shall not be deemed in default so long as it has commenced cure within such
period, diligently pursues completion, and regularly informs the City of its progress to cure the noncompliance including a reasonable estimate of the time remaining for the cure.
16.3 In the event that All West does not comply with subsection 16.2, above, the City shall schedule a public
hearing to address the asserted material non-compliance issue. The City shall provide All West at least
fifteen (15) days prior written notice of and the opportunity to be heard at the hearing.
16.4 Subject to applicable federal and state law, in the event the City, after the hearing set forth in subsection
16.3, determines that All West is materially non-compliant with this Ordinance, the City may:
A) Seek specific performance of any provision which reasonably lends itself to such remedy,
as an alternative to damages; or
B) Commence an action at law for monetary damages; or
C) In the case of material non-compliance with a material provision of the Ordinance, seek to
revoke the Franchise in accordance with subsection 16.5, below.
16.5 Should the City seek to revoke the Franchise after following the procedures set forth above, the City
shall give written notice to All West. All West shall have thirty (30) days from receipt of such notice to object
in writing and state its reason(s) for such objection. Thereafter, the City may seek revocation of the
Franchise at another public hearing. The City shall cause to be served upon All West, at least thirty (30)
additional days prior to such public hearing, a written notice specifying the time and place of such
hearing and stating its intent to revoke the Franchise. At the designated hearing, the City shall give All
West an opportunity to state its position on the matter, after which the City shall determine whether or not
the Franchise shall be revoked. Such action shall constitute final agency action within the meaning of the
Wyoming Administrative Procedures Act. All West may appeal the City’s determination to an appropriate
court, which shall have the power to review the decision of the City. Such appeal must be taken within
thirty (30) days of service of the City’s determination, consistent with the Wyoming Administrative
Procedures Act and Wyoming Rules of Appellate Procedure, or such time as is then required by applicable
statutes and rules. If All West appeals, any revocation shall be stayed pending final judicial review. The
City may, at its sole discretion, take any lawful action which it deems appropriate to enforce its rights under
this Ordinance in lieu of revocation.
Section 17) No Waiver of Rights. Neither the City nor All West shall be excused from complying with any
of the terms and conditions contained herein by any failure of the other or any course of conduct, or any of
its officers, employees or agents, upon any one or more occasion 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 or take any position as to
the legality or appropriateness of any provision in this Ordinance that it believes is inconsistent with federal
or state law, as may be amended.
Section 18) Transfer of Franchise. All West’s right, title or interest in the Franchise and Facilities shall
not be sold, transferred or assigned, or otherwise encumbered without written permission from the City.
Such consent shall not be unreasonably withheld, conditioned, or delayed. The City shall approve or deny
such request within sixty (60) days of receipt of a written request, or such other time as may be agreed to
by All West and the City, and failure to act within such time shall constitute approval. The following are
excluded from such requirement: a transfer or assignment to an entity that purchases all or substantially
all of All West’s assets used to provide service under this Franchise, any entity that acquires a majority of
the equity interests in All West or a direct or indirect parent company of All West, any newly created or
surviving successor entity that results from a merger, reorganization or consolidation involving All West or
any of its direct or indirect parent companies or any sale, transfer, assignment, or encumbrance to an entity
controlling, controlled by, or under common control with All West, or for transfers in trust, by mortgage, by
other hypothecation, or by assignment of any right, title or interest of All West in the Franchise or Facilities
to secure indebtedness. For the avoidance of doubt, no consent shall be required for All West to grant a
security interest in the Franchise or Facilities to a lender.
Section 19) Amendment. Except as may be provided herein, at any time during the Term of the Franchise,
the City or All West may propose an amendment or addendum to this Franchise by giving thirty (30) days
written notice to the other of the proposed amendment or addendum desired, and both parties thereafter,
through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort
to agree upon mutually satisfactory amendments. No amendment may be adopted without mutual written
agreement of the Parties.

7

Section 20) Force Majeure. Neither party shall be held in default under, or in non-compliance with, the
provisions of this Ordinance, nor suffer any enforcement or penalty relating to non-compliance or default
(including revocation of the Franchise), where such non-compliance or alleged defaults occurred or were
caused by epidemics, pandemics, acts of terrorism, riot, war, earthquake, flood, unusually severe rain or
snow storm, tornado or other catastrophic act of nature or fiber cut or other damage or event that is
reasonably beyond that party’s ability to anticipate or control. This section also covers work delays caused
by waiting for utility providers to service or monitor their utility poles on which All West’s Facilities or
equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary
and delays caused by limited access to easements, poles or streets.
Section 21) Change of Law. Pursuant to the City’s authority under Wyo. Stat. Ann. Section 15-1103(a)(xxxiii) and in recognition of the regulatory framework established by the Wyoming
Telecommunications Act (Wyo. Stat. Ann. Section 37-15-101 et seq.), the parties acknowledge that this
Franchise is subject to federal, state and local legal requirements. If, after the effective date of this
Ordinance, there is any enactment or promulgation of a federal, state, or local law, regulation, or
administrative order, or a decision by a court of competent jurisdiction, that significantly affects the rights or
obligations of All West or the City under this Ordinance or that materially impacts any provision hereof,
including but not limited to the imposition, calculation, collection or treatment of Franchise Fees, either party
may provide written notice to the other of its intent to request that the affected portion(s) of this Ordinance
be amended or supplemented by addendum. Upon such notice, the parties shall enter into good-faith
negotiations within sixty (60) days and shall make reasonable efforts to conclude such negotiations within
thirty (30) days thereafter. Any mutually agreed amendment or addendum shall become effective upon
adoption by the City Council and formal acceptance by All West. If the parties are unable to reach
agreement within the timeframes stated above, either party may initiate legal action before a court of
competent jurisdiction to conform the affected provisions of this Franchise to the new legal requirements,
consistent with applicable law.
Section 22) 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 five (5) business days after such notice is deposited with the United States Postal
Service, postage prepaid, certified and addressed to the parties as set forth below:
City of Evanston
1200 Main Street
Evanston, WY 82930
Attention: City Clerk
All West/Wyoming, Inc.
1581 Gateway Blvd.
Rock Springs, WY 82901
Section 23) Retention of Governmental Immunity. By entering into this Franchise, the City does not waive
its Governmental Immunity, as provided by any applicable law including Wyo. Stat. Ann. Section 1-39-101
et seq. Further, the City fully retains all immunities and defenses provided by law with regard to any action,
whether in tort, contract or any other theory of law based on this Franchise.
Section 24) No Third Party Beneficiaries. This Franchise is entered into by the parties for their sole benefit,
and is not intended to be for the benefit of any third party or other entity.
Section 25) Headings. The headings of the sections and subsections are inserted for convenience of
reference only and shall not affect the interpretation or meaning of the text herein.
Section 26) Severability. If any section, subsection, paragraph or sentence hereof is for any reason
determined to be illegal, invalid, or unenforceable by any court or agency 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, subsection, paragraph or sentence hereof, all of which will
remain in full force and effect for the Term of the Franchise.
Section 27) Venue. Venue for any judicial dispute between the parties shall be in State Court, either Circuit
or District Court, as applicable, in Uinta County, Wyoming or the United States District Court for the District
of Wyoming.
Section 28) Conflict. All ordinances or parts of ordinances in existence at the time of the adoption of this
Ordinance in conflict herewith are hereby repealed to the extent of such conflict. If the City adopts in the
future ordinances that conflict with this Ordinance, this Ordinance shall control.
Section 29) Effective Date. This Ordinance shall take effect from and after its acceptance by All West,
adoption by the City, and publication, as required by law and the ordinances of the City of Evanston.
PASSED, APPROVED AND ADOPTED on Third and Final Reading this 5th day of May 2026.
____________________________________
Kent H. Williams, Mayor
ATTEST:
Diane Harris, City Clerk

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The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
ORDINANCE 26- 04

AN ORDINANCE GRANTING TO ALL WEST/WYOMING INC., ITS SUCCESSORS AND
ASSIGNS, THE RIGHT, PERMISSION, AND AUTHORITY TO CONSTRUCT, INSTALL,
MAINTAIN, AND OPERATE A CABLE SYSTEM IN THE CITY, LIMITING THE TERM OF
SAID GRANT AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH
SAID COMPANY MAY OPERATE.
Sponsor: Councilor Sellers
Council member Lind moved, Council member Sellers seconded, to pass Ordinance 26-03 on Third
and Final Reading.
This Cable Franchise Agreement (“Franchise”) is entered into this ______ day of May 2026, by and
between the City of Evanston, Wyoming, a municipal corporation, organized under the laws of the State of
Wyoming (hereinafter “City” or “Grantor”), and All West/Wyoming Inc. (hereinafter “Grantee”).
RECITALS
WHEREAS, the City wishes to grant Grantee a new nonexclusive franchise to construct, install, maintain,
extend and operate a Cable System in the City as designated in this Franchise;
WHEREAS, the City is a franchising authority in accordance with the Cable Communications Policy Act of
1984, as amended (47 U.S.C. §522(10)) and is authorized to grant one or more nonexclusive cable
franchises pursuant to applicable law;
WHEREAS, the Grantor finds that the Grantee has the financial, legal and technical ability to provide
services, facilities and equipment necessary to meet the future cable-related needs and interests of the
community, and
WHEREAS, having afforded the public adequate notice and opportunity for comment, and having held a
public hearing on April 21 2026, Grantor desires to enter into this Franchise with the Grantee for the
construction and operation of a cable system on the terms and conditions set forth herein.
NOW, THEREFORE, Be it Ordained By the Governing Body of the City of Evanston and for good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Grantor and Grantee
agree as follows:
SECTION 1: Definitions
1.1
For the purpose of this Franchise, the following terms, phrases, words and their derivations shall
have the meaning ascribed to them in the Cable Communications Policy Act of 1984, as amended from time
to time (the “Cable Act”), unless otherwise defined herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word “shall” is mandatory and “may” is
permissive. Words not defined shall be given their common and ordinary meaning.
A.
B.
C.
D.
E.
F.
G.
H.
I.

J.

“Affiliate” when used in relation to Grantee means another Person who owns or controls, is owned
or controlled by, or is under common ownership or control with Grantee.
“Basic Service” means any service tier which includes the retransmission of local television
broadcast signals.
“Cable Act” shall mean the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. §§
521, et. seq.
“Cable Operator,” “Cable System,” and “Cable Service” shall be defined as set forth in the Cable Act.
“City Council” shall mean the governing body of the Grantor.
“Complaint” shall mean written correspondence received by Grantee via U.S. mail or email from a
Subscriber in the City expressing dissatisfaction with the operation of the Cable System or with the
Cable Service.
“FCC” shall mean the Federal Communications Commission and any successor governmental entity
thereto.
“Franchise” shall mean this Franchise, and the nonexclusive rights granted pursuant to this
Franchise to construct, operate and maintain a Cable System along the public ways within the City.
“Gross Revenue” means any revenue, as determined in accordance with generally accepted
accounting principles, received by the Grantee from the operation of the Cable System to provide
Cable Services in the City including locally-derived advertising revenues less commissions paid to
third parties that are not Affiliates. Gross Revenues shall include only revenues derived from the
provision of Cable Service and shall not include revenues derived from non-cable services. Where
Cable Service is offered together with internet access, telecommunications services, or other noncable services in a bundled offering, Grantee shall allocate revenue to Cable Service using Grantee’s
reasonable and consistently applied accounting practices. Gross Revenues shall not include: (1)
any taxes, fees or assessments collected by the Grantee from Subscribers for pass-through to a
government agency, including, without limitation, the FCC user fee, the franchise fee, or any sales
or utility taxes; (2) unrecovered bad debt; (3) credits, refunds and deposits paid to Subscribers; (4)
any exclusions available under applicable State law.
“Person” shall mean an individual, partnership, association, organization, corporation, trust or
governmental entity but shall not mean the Grantor.

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K.
L.
M.

N.

“Service Area” shall mean the geographic boundaries of the City and shall include any additions
thereto by annexation or other legal means.
“State” shall mean the State of Wyoming.
“Street” shall include each of the following located within the Service Area: public streets, roadways,
highways, bridges, land paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives,
easements, rights of way and similar public ways and extensions and additions thereto, including,
but not limited to, public utility easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses now or hereafter held by the Grantor in the Service Area, which shall entitle the
Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the
Cable System.
“Subscriber” shall mean any Person lawfully receiving Cable Service from the Grantee.

SECTION 2: Grant of Franchise
2.1
Grant. The Grantor hereby grants to the Grantee a nonexclusive right, privilege, and authority to
erect, construct, operate, maintain, upgrade, and improve in, upon, along, across, above, over and under the
Streets, now in existence and as may be created or established during its term, any poles, wires, cable,
underground conduits, manholes, and other conductors, equipment, and fixtures for the maintenance and
operation of a Cable System within the present and future boundaries of the City.
Nothing in this Franchise shall be interpreted to authorize the City to regulate internet access services,
broadband services, telecommunication services, or any service other than Cable Service to the extent such
is prohibited by federal or state law in connection with the granting of this Franchise.
Each provision or condition herein is subject to the provisions of State law, federal law, and the lawful,
generally applicable provisions of the City Code, and ordinances and regulations. This Franchise is
intended to convey limited rights and interests only as to those streets in which the City has an actual
interest. It is not a warranty of title or interest in any street; it does not provide Grantee with any interest in
any particular location within the street; and it does not confer rights other than as expressly provided in the
grant hereof.
Grantee agrees, with regard to the placement of its facilities, that it shall first attempt to use established
public utility easements if, space is available, and in good faith, All West determines the placement is
technically and economically feasible. Grantee further agrees to secure the approval of WYDOT, the Union
Pacific Railroad, and private Right-of-Way or easement owners, if necessary, before placing any of its
facilities.
2.2
Term. The term of this Franchise commences upon the passage of this Ordinance and continues in
full force and effect for ten (10) years (“Initial Term”), unless at the end of the first five (5) years of this
Franchise, either party provides written notice to the other of its intent to renegotiate the terms of the
Franchise no later than one hundred eighty (180) days before the expiration of the first five (5) year period.
If the parties fail to reach agreement at the end of the first five (5) year period, this Franchise will renew for
subsequent twelve (12) month periods until either Party provides written notice of its intent to terminate the
Franchise at least thirty (30) days prior to the expiration of the current renewal term.
If the term of this Franchise continues for ten (10) years, then this Franchise will renew for subsequent
twelve (12) month periods until either party provides written notice of its intent to terminate the Franchise at
least thirty (30) days prior to the expiration of the current renewal term. The Initial Term and any renewal
term may be collectively referred to as the “Term.”
The potential renegotiation of the Franchise between the parties after the first five (5) years of the
Franchise in no way alters the parties franchise renewal rights under the Cable Act.
2.3
Police Powers and Conflict with Franchise. The Grantee agrees to comply with the terms of any
lawfully adopted local ordinance necessary for the safety, health, and welfare of the public, to the extent that
the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of
the Grantee that are granted by this Franchise. This Franchise is a contract and except as to those changes
which are the result of the Grantor’s lawful exercise of its general police power, the Grantor may not take
any unilateral action which materially changes the explicit mutual promises in this contract. In the event of
any conflict between this Franchise and any City ordinance or regulation, this Franchise shall control.
Grantee and the City shall comply with all federal and State laws, including any changes in such laws that
occur subsequent to the Effective Date of this Franchise; provided, however, that nothing in this Franchise
shall preclude Grantee or the City from challenging any such laws on any basis.
SECTION 3: Franchise Renewal
The Grantor and the Grantee agree, subject to the early Franchise renewal negotiation which may take
place pursuant to Section 2.2, that any proceedings undertaken by the Grantor that relate to the renewal of
the Grantee’s Franchise shall be governed by and comply with the provisions of Section 626 of the Cable
Act (codified at 47 U.S.C. § 546), or any such successor statute.
SECTION 4: Indemnification

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Except to the extent arising out of the negligence or willful misconduct of the City, the City shall not
be liable for any property damage or loss or injury to or death of any person that occurs in the
construction, operation or maintenance by Grantee of its Facilities. Grantee shall indemnify, defend
and hold the City harmless from and against claims, demands, liens and all liability or damage,
attorneys’ fees, costs and expenses of whatsoever kind or nature on account of Grantee’s use of
the Right-of-Way, except to the extent arising out of the negligence or willful misconduct of the
City. Despite the foregoing language, the Parties agree the City shall have no indemnification
obligations that exceed or are in contravention of any applicable law, including, but not limited to,
Wyoming Constitution Article 16, Sections 6 and 7.
SECTION 5. Insurance Requirements.
5.1
Grantee will maintain in full force and effect for the term of the Franchise, at Grantee’s expense, the
following insurance coverage:
A)
Workers’ Compensation and Employers Liability Insurance. Grantee shall provide to the
City proof of workers’ compensation coverage for all its employees who are to work on the Facilities within
the Right-of-Way. Grantee’s coverage shall be under the Wyoming Workers’ Compensation program, if
statutorily required, or such workers’ compensation insurance as appropriate. Grantee’s insurance shall
include liability coverage, in an amount not less than one million dollars ($1,000,000) per employee for each
accident or disease. Grantee shall also supply to the City proof of workers’ compensation and employer’s
liability insurance for any contractor or subcontractor before allowing that contractor or subcontractor on the
job site.
B)
Commercial General Liability Insurance. Grantee shall provide coverage, during the
entire Term, against claims arising out of bodily injury, death, damage to or destruction of the property of
others, including loss of use thereof, and including underground collapse and explosion, and products and
completed operations, in an amount not less than two million dollars ($2,000,000) per occurrence and four
million dollars ($4,000,000) general aggregate.
C)
Business Automobile Liability.
Grantee shall maintain, during the entire term,
automobile liability insurance for owned, non-owned and hired vehicles in an amount not less than one million
dollars ($1,000,000) per occurrence.
5.2
Policies Primary. All policies required hereunder shall be in effect for the Term of this Franchise.
All policies shall be primary and not contributory. Grantee shall pay the premiums on all insurance policies,
and all insurance certificates must include a clause stating that the insurance may not be revoked, canceled,
amended, or allowed to lapse until the expiration of at least thirty (30) days advance written notice to the
City.
5.3
City as Additional Insured. All insurance policies required hereunder, except workers’
compensation, shall name the City as an additional insured, and shall contain a waiver of subrogation against
the City, its agents and employees. Grantee shall provide a copy of an endorsement providing this coverage.
5.4
City’s Right to Reject. The City reserves the right to reject a certificate of insurance if the insurance
company is widely regarded in the insurance industry as financially unstable.
SECTION 6. Service Obligations
6.1
No Discrimination. Grantee shall not deny service, deny access, or otherwise discriminate
against Subscribers, channel users, or general citizens on the basis of race, color, religion, national origin,
age or sex.
6.2
Privacy. The Grantee shall fully comply with the privacy rights of Subscribers as contained in Cable
Act Section 631 (47 U.S.C. § 551).
SECTION 7: Service Availability
7.1
Service Area. The Grantee shall continue to provide Cable Service to all residences within the
Service Area where Grantee currently provides Cable Service. Grantee shall have the right, but not the
obligation, to extend the Cable System into any other portion of the Service Area, including annexed areas,
subject to technical and economic feasibility. Cable Service offered to Subscribers pursuant to this Franchise
shall be conditioned upon Grantee having legal access to any such Subscriber’s dwelling unit or other units
wherein such Cable Service is provided.
7.2
Underground Installation. In cases of new construction or property development where utilities
are to be placed underground, the Grantor agrees to use its best efforts to require as a condition of issuing
a permit for open trenching to any developer or property owner that such developer or property owner give
Grantee at least thirty (30) days prior written notice of such construction or development, and of the particular
dates on which open trenching will be available for Grantee’s installation of conduit, pedestals and/or vaults,
and laterals to be provided at Grantee’s expense. Grantee shall also provide specifications as needed for
trenching. Costs of trenching and easements required to bring service to the development shall be borne by
the developer or property owner; except that if Grantee fails to install its conduit, pedestals and/or vaults,

11

and laterals within five (5) working days of the date the trenches are available, as designated in the written
notice given by the developer or property owner, then should the trenches be closed after the five (5) day
period, the cost of new trenching is to be borne by Grantee.
7.3 Adding Conduit. Before installation of new underground facilities or replacing existing underground
facilities, Grantee shall first notify the Grantor. The filing of any properly completed permit application shall
constitute Grantee’s notice. Thereafter, and within ten (10) business days of such notice, the Grantor shall
notify Grantee in writing whether it elects to either share the trench for laying of its own facilities to the
extent feasibly possible or provide a price for adding empty conduit to the extent feasibly possible, provided
that such action will not unreasonably delay Grantee’s project completion or increase Grantee’s
construction costs. Failure to respond within such period shall constitute a waiver of such opportunity for
the applicable project. Any such work or facilities shall be offered to the Grantor at Grantee’s incremental
cost.
7.4
Annexation. The Grantor shall promptly provide written notice to the Grantee of its annexation of
any territory which is being provided Cable Service by the Grantee or its affiliates. Such annexed area will
be subject to the provisions of this Franchise upon sixty (60) days written notice from the Grantor, subject to
the conditions set forth below. The Grantor shall also notify Grantee in writing of all new street address
assignments or changes within the Service Area. Grantee shall, within ninety (90) days after receipt of the
annexation notice, pay the Grantor franchise fees on revenue received from the operation of the Cable
System to provide Cable Services in any area annexed by the Grantor if the Grantor has provided a written
annexation notice that includes the addresses that will be moved into the Service Area in an Excel format or
in a format that will allow Grantee to change its billing system. If the annexation notice does not include the
addresses that will be moved into the Service Area, Grantee shall pay franchise fees within ninety (90) days
after it receives the annexed addresses as set forth above. In any audit of franchise fees due under this
Franchise, Grantee shall not be liable for franchise fees on annexed areas unless and until Grantee has
received notification and information that meets the standards set forth in this section.
SECTION 8: Construction and Technical Standards
8.1
Compliance with Codes. All construction practices and installation of equipment shall be done in
accordance with all applicable sections of the National Electrical Safety Code and applicable FCC technical
requirements.
8.2
Construction Practices and Requirements. All of the Grantee’s plant and equipment, including,
but not limited to, the antenna site, head end and distribution system, towers, house connections, structures,
poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering
practices and performed by experienced maintenance and construction personnel.
8.3
Network Technical Requirements. The Cable System shall be designed, constructed and
operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained
in part 76 of the FCC’s rules and regulations, as they may be amended from time to time, regardless of the
transmission technology utilized.
8.4
Performance Monitoring. Grantee shall test the Cable System consistent with the FCC
regulations.
8.5
One Call of Wyoming. In the event of underground construction by the City, Grantee shall
comply with Wyoming 811 requirements and promptly mark the location of its underground facilities in the
area of construction.
SECTION 9: Conditions on Street Occupancy
9.1
General Conditions. Grantee shall have the right to utilize existing poles, conduits and other
underground facilities whenever possible, and shall not construct or install any new, different, or additional
poles, conduits, or other facilities on public property, provided Grantee has access to the foregoing on
reasonable terms and conditions. Where Grantee does not have access on reasonable terms and conditions,
Grantee shall apply for all required permits of the Grantor, and Grantor shall not unreasonably delay or
withhold approval of such permits.
9.2
Underground Construction. The facilities of the Grantee shall be installed underground in those
Service Areas where existing telephone and electric services are both underground at the time of system
construction. In areas where either telephone or electric utility facilities are installed aerially at the time of
system construction, the Grantee may place its facilities aerially, if the City consents in writing, with the
understanding that at such time as the existing aerial facilities are required to be placed underground by the
Grantor, the Grantee shall likewise place its facilities underground. In the event that any telephone or electric
utilities are reimbursed by the Grantor or any agency thereof for the placement of lines underground or the
movement of lines, Grantee shall be reimbursed upon the same terms and conditions as any telephone and
electric utilities.

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9.3
Codes and Permits. Grantee, its contractors and subcontractors, as applicable, shall obtain all
required permits, at its and their expense, before commencing any work requiring a permit, including, but not
limited to, the opening or disturbance of any Street or use of any public easement within the Service Area.
The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant and
subsequent construction by the Grantee shall not unduly interfere with the use of such Streets. The Grantee
shall adhere to all building and zoning codes currently or hereafter applicable to construction, operation or
maintenance of the Cable System in the Service Area, provided that such codes are of general applicability
and such codes are uniformly and consistently applied by the Grantor as to public utility companies and other
entities operating in the Service Area.
9.4
System Construction. All of Grantee’s cable and fiber optic lines, equipment and structures shall
be so installed and located as to cause minimal interference with the rights and reasonable convenience of
the City and property owners and at all times shall be kept and maintained in a safe, adequate and
operational condition and in good order and repair. The Grantee shall at all times employ ordinary care and
use commonly accepted methods and devices for preventing failures and accidents which are likely to
cause damage, injuries, or nuisances to the public. Suitable barricades, flags, lights, flares or other devices
shall be used at such times and places as are reasonably required for the safety of all members of the
public. Any poles or other fixtures placed in any public way by the Grantee shall be placed in such a
manner as not to interfere with the usual travel on such public way.
9.5
Inspection of Construction and Facilities. The City may inspect any of Grantee’s facilities,
equipment or construction at any time upon at least forty-eight (48) hours’ notice, or, in case of an emergency,
upon demand without prior notice.
9.6
Work of Contractors and Subcontractors. Grantee’s contractors and subcontractors shall be
licensed and bonded in accordance with the City’s lawful, non-discriminatory ordinances, regulations and
requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and
conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed
by its contractors and subcontractors.
9.7
Restoration of Public Ways. Grantee shall, at its own expense, restore and repair any damage
or disturbance caused to the public ways or Streets as a result of its operation, construction, or maintenance
of the Cable System to a condition reasonably comparable to the condition of the public ways or Streets
immediately prior to such damage or disturbance.
9.8
Removal in Emergency. Whenever, in case of fire or other disaster, it becomes necessary in the
judgment of the Grantor to remove any of the Grantee’s facilities, no charge shall be made by the Grantee
against the Grantor for restoration and repair, unless such acts amount to gross negligence by the Grantor.
9.9
Tree Trimming. Grantee or its designee shall have the authority to trim trees on public property
at its own expense as may be necessary to protect its wires and facilities.
9.10
Relocation for the Grantor. The Grantor agrees to provide Grantee with as much advance
written notice as is reasonably possible of any requirement for the Grantor to protect, support, adjust, raise,
lower, temporarily disconnect, relocate or remove Grantee’s Facilities for a public purpose. Weather
permitting, Grantee shall, upon receipt of advance written notice of not less than ninety (90) days or such
reasonable period of time that the Parties may agree, protect, support, adjust, raise, lower, temporarily
disconnect, relocate, or remove any Grantee property located in the Rights-of-Way when required by the
Grantor consistent with its police powers. Grantee shall be responsible for any costs associated with these
obligations to the extent required under applicable federal, state or local law.
9.11
Relocation for a Third Party. Grantee shall, at the request of any person holding a lawful permit
issued by the City, protect, support, adjust, raise, lower, temporarily disconnect, relocate or remove any
Grantee property located in the Rights-of-Way, provided that the cost of such action is borne by the third
party requesting it, and Grantee is given advance written notice of not less than sixty (60) days. In said
situation, Grantee will require advance payment of the costs.
9.12
Alternatives to Relocation. Grantee may, after receipt of written notice requesting a
relocation of Facilities, submit to the Grantor written alternatives to such relocation. Such
alternatives shall include the use and operation of temporary transmitting facilities in adjacent
Rights-of-Way. The Grantor shall promptly evaluate such alternatives and advise Grantee in writing
if one or more of the alternatives are suitable. If requested by the Grantor, Grantee shall promptly
submit additional information to assist the Grantor in such evaluation. The Grantor shall give each
alternative proposed by Grantee full and fair consideration. In the event the Grantor determines
there is no reasonable alternative, Grantee shall relocate the components of the System as
otherwise provided herein. Notwithstanding the foregoing, Grantee shall in all cases have the right
to abandon the Facilities and convey title to the Grantor, if the Grantor is so inclined.
9.13
Reimbursement of Costs. If funds are available to any person using the Streets for the purpose
of defraying the cost of any of the foregoing, the Grantor shall reimburse the Grantee in the same manner
in which other persons affected by the requirement are reimbursed. If the funds are controlled by another
governmental entity, the Grantor shall make application for such funds on behalf of the Grantee.

13

9.14
Emergency Use. Grantee shall comply with all federal laws and regulations issued pursuant
thereto with respect to an Emergency Alert System.
SECTION 10: Service and Rates
10.1
Phone Service. The Grantee shall maintain a toll-free telephone number and a phone service
operated such that complaints and requests for repairs or adjustments may be received at any time.
10.2
Notification of Procedures. The Grantee shall furnish each Subscriber, at the time service is
installed, with written instructions that clearly set forth information concerning the procedures for making
inquiries or complaints, including the Grantee’s name, address and telephone number. Grantee shall give
the Grantor written notice sufficiently in advance of any rate increases, channel lineup or other substantive
service changes before such notice is given to Subscribers.
10.3
Rate Regulation. Grantor shall have the right to exercise rate regulation to the extent authorized
by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the Grantor.
If and when exercising rate regulation, the Grantor shall abide by the terms and conditions set forth by the
FCC and the Cable Act.
10.4
Continuity of Service. It shall be the right of all Subscribers to continue receiving Cable Service
insofar as their financial and other obligations to the Grantee are honored, and subject to Grantee’s rights
under this Franchise.
10.5
Service to Public Building. The Grantee will provide one outlet of Basic Service (and, if
necessary, the equipment required to receive Basic Service) at City Hall, located at 1200 Main Street,
Evanston, Wyoming, to be used for the City’s internal, non-commercial and non-public use, at no charge to
the City. The Grantee will provide the Grantor with at least one hundred twenty (120) days written notice in
advance of any decision to alter or discontinue such complimentary service, provided that the Grantee will
immediately discontinue such service to such location and at such time that the Grantor is not using such
location for municipal purposes.
10.6
Customer Service Standards. Grantee shall comply with the customer service standards in 47
C.F.R. § 76.309 of the FCC’s Rules and Regulations, as may be amended from time to time.
SECTION 11: Franchise Fee
11.1
Amount of Fee. Grantee shall pay to the Grantor an annual franchise fee in an amount equal to
five percent (5%) of Grantee’s annual Gross Revenues. Such payment shall be in addition to taxes of
general applicability owed to the Grantor by the Grantee that are not included as franchise fees under
federal law. Franchise fees may be passed through to Subscribers as a line item on Subscriber bills or
otherwise as Grantee chooses, consistent with federal law.
11.2
Payment of Fees. Payment of the franchise fees due the Grantor shall be made on a quarterly
basis, within thirty (30) days of the close of each calendar quarter and transmitted by electronic funds
transfer to a bank account designated by Grantor. The payment period and the collection of the franchise
fees are to be paid to the Grantor pursuant to this Franchise commencing with the Effective Date of this
Franchise.
11.3.
Franchise Fee Reports. Upon request from the Grantor, Grantee shall provide a written report to
the Grantor, containing an accurate statement in summarized form, as well as in reasonable and
customary detail, of the Grantee’s Gross Revenue and the computation of the payment amount.
11.4

Audit of Franchise Fee Payments.

A)
Every five (5) years during the Term of this Franchise, the City may, upon written notice to
Grantee request that Grantee conduct an internal audit to investigate and determine the correctness of the
franchise fees paid to the City. Such audit shall be limited to the previous two (2) calendar years, or as
otherwise requested by the City. Within sixty (60) days following the City’s written request, Grantee shall
provide a written report to the City Clerk containing the audit findings.
B)
If the City disagrees with the results of the audit, and if the parties are not able to informally
resolve their differences, the City may conduct its own audit, and Grantee shall cooperate, including but not
necessarily limited to, providing the City’s auditor with all information reasonably necessary to complete the
audit or by making such information available via email within a reasonable time thereafter for review by
the City.
C)
If the results of a City audit conducted pursuant to subsection 11.4 B) conclude that
Grantee has underpaid the City by two percent (2%) or more, in addition to the obligation to pay such
amounts to the City and interest, Grantee shall also pay all reasonable costs of the City’s audit.
D)
This Franchise Fee relates only to the permission to use a public Right-of-Way under the
terms and conditions set forth. The Franchise Fee shall not relieve Grantee from compensating the City to
the extent that City permits are otherwise required in accordance with applicable law. The Franchise Fee is

14

separate and apart from permit fees and any amounts collected for taxes or surcharges paid to federal,
state, or local governments. Permit fees shall include all time and expenses incurred by the City, such as
inspection fees and plan review, that relate to an employee of the City or third-party contractor engaged by
the City.
11.5
Interest. In the event of any late undisputed payment or underpayment, the Grantee shall pay, in
addition to the amount due, interest at the rate of one percent (1%) per month, calculated from the date the
payment was originally due until the date the Grantor receives the payment.
11.6
Other Fees and Charges. The franchise fee shall be in addition to all lawful and nondiscriminatory taxes, levies, assessments, license fees, permit fees, or charge on the business,
occupation, property or income of the Grantee which are now or will be required to be paid to the Grantor
under federal, State or local law.
11.7
Accord and Satisfaction. No acceptance of any payment by the Grantor shall be construed as a
release or as an accord and satisfaction of any claim the Grantor may have for additional sums payable
under this Franchise.
11.8
Limitation on Recovery. The period of limitation for recovery of any franchise fee payable
hereunder shall be three (3) years from the date on which payment was made by Grantee.
SECTION 12: Transfer of Franchise and Cable System
Grantee’s right, title or interest in the Franchise and Facilities shall not be sold, transferred or assigned, or
otherwise encumbered without written permission from the Grantor. Such consent shall not be
unreasonably withheld, conditioned, or delayed. The Grantor shall approve or deny such request within
one hundred twenty (120) days of receipt of a written request, or such other time as may be agreed to by
Grantee and the Grantor, and failure to act within such time shall constitute approval. The following are
excluded from such requirement: a transfer or assignment to an entity that purchases all or substantially
all of Grantee’s assets used to provide service under this Franchise, any entity that acquires a majority of
the equity interests in Grantee or a direct or indirect parent company of Grantee, any newly created or
surviving successor entity that results from a merger, reorganization or consolidation involving Grantee or
any of its direct or indirect parent companies or any sale, transfer, assignment, or encumbrance to an entity
controlling, controlled by, or under common control with Grantee, or for transfers in trust, by mortgage, by
other hypothecation, or by assignment of any right, title or interest of Grantee in the Franchise or Facilities
to secure indebtedness. For the avoidance of doubt, no consent shall be required for Grantee to grant a
security interest in the Franchise or Facilities to a lender.
SECTION 13: Policies, Records and Maps
13.1
Policies. The Grantee’s schedule of charges for regular Subscriber service, its policy regarding the
processing of Subscriber complaints, delinquent Subscriber disconnect and reconnect procedures, and any
other terms and conditions adopted as the Grantee’s policy in connection with its Subscribers shall be filed
with the Grantor upon request.
13.2
Records Required. The Grantee shall at all times maintain and provide for inspection upon
written request the following:

A.

A record of all written Complaints received regarding interruptions or degradation of Cable Service,
which record shall be maintained for one (1) year; and

B.

A service area map showing the location of the Cable System.
13.3
Inspection of Records. Grantee shall make available to the Grantor, upon reasonable
advance written notice of no less than sixty (60) days, such records and information as are
reasonably necessary to enforce the terms of this Ordinance, and in such form and at such times
as Grantee can reasonably provide. Subject to applicable laws, including the Wyoming Public
Records Act (Wyo. Stat. Ann. Sections 16-4-201 through 16-4-205), any records or information
designated by Grantee as proprietary or confidential and provided to the Grantor for in-camera
review shall be treated as confidential and shall not be disclosed publicly or used for any purpose
other than verifying compliance with this Ordinance. Any such records provided to the Grantor shall
be promptly returned to Grantee following review, and the Grantor shall not retain or reproduce any
copies, except as may be required by the Wyoming Public Records Act or other applicable federal,
state or local law or as may be reasonably necessary for recordkeeping by the City Clerk or legal
counsel and only if such materials are protected under applicable confidentiality requirements. If a
request is made under the Public Records Act for disclosure of Grantee’s confidential information,
the Grantor shall promptly notify Grantee in writing, so that Grantee may seek protective relief or
other appropriate remedies. Unless and until a court of competent jurisdiction determines that such
records must be disclosed under law, the Grantor shall maintain their confidentiality. The Grantor
agrees to disclose confidential information only to those of its employees, representatives, legal
counsel, or agents who have a legitimate need to know such information for purposes of enforcing
the Franchise and who are under a legal obligation to preserve its confidentiality. Nothing in this

15

section shall prevent the Grantor from complying with a final court order requiring disclosure of
records under the Wyoming Public Records Act or other applicable law.
SECTION 14: Enforcement or Revocation
14.1 In the event the Grantor believes that Grantee has materially not complied with the terms of this
Ordinance, the Grantor shall informally discuss the matter with Grantee. If those discussions do not lead
to resolution of the problem, the Grantor shall notify Grantee in writing of the exact nature of the alleged
non­compliance. Material non-compliance shall mean a failure to comply with a material provision of this
Ordinance that substantially frustrates the purpose of this Franchise and remains uncured after notice and
opportunity to cure. Events caused by force majeure, acts of third parties, and events outside Grantee’s
control shall not be grounds for revocation.
14.2 Grantee shall have thirty (30) days from receipt of the written notice described in subsection 14.1
to either respond to the Grantor, contesting the assertion of non-compliance, or otherwise initiate
reasonable steps to remedy the asserted non-compliance issue, notifying the Grantor of the steps being
taken and the projected date that the steps will be completed. If the non-compliance cannot reasonably
be cured within thirty (30) days, Grantee shall not be deemed in default so long as it has commenced cure
within such period, diligently pursues completion, and regularly informs the Grantor of its progress to cure
the non-compliance including a reasonable estimate of the time remaining for the cure.
14.3 In the event that Grantee does not comply with subsection 14.2, above, the Grantor shall schedule a
public hearing to address the asserted material non-compliance issue. The Grantor shall provide Grantee
at least fifteen (15) days prior written notice of and the opportunity to be heard at the hearing.
14.4 Subject to applicable federal and state law, in the event the Grantor, after the hearing set forth in
subsection 14.3, determines that Grantee is materially non-compliant with this Ordinance, the Grantor may:
A) Seek specific performance of any provision which reasonably lends itself to such remedy,
as an alternative to damages; or
B) Commence an action at law for monetary damages; or
C) In the case of material non-compliance with a material provision of the Ordinance, seek to
revoke the Franchise in accordance with subsection 14.5, below.
14.5
Revocation. Should the Grantor seek to revoke the Franchise after following the procedures set
forth above, the Grantor shall give written notice to Grantee. Grantee shall have thirty (30) days from
receipt of such notice to object in writing and state its reason(s) for such objection. Thereafter, the
Grantor may seek revocation of the Franchise at another public hearing. The Grantor shall cause to be
served upon Grantee, at least thirty (30) additional days prior to such public hearing, a written notice
specifying the time and place of such hearing and stating its intent to revoke the Franchise. At the
designated hearing, the Grantor shall give Grantee an opportunity to state its position on the matter, after
which the Grantor shall determine whether or not the Franchise shall be revoked. Such action shall
constitute final agency action within the meaning of the Wyoming Administrative Procedures Act.
Grantee may appeal the Grantor’s determination to an appropriate court, which shall have the power to
review the decision of the Grantor. Such appeal must be taken within thirty (30) days of service of the
Grantor’s determination, consistent with the Wyoming Administrative Procedures Act and Wyoming Rules
of Appellate Procedure, or such time as is then required by applicable statutes and rules. If Grantee
appeals, any revocation shall be stayed pending final judicial review. The Grantor may, at its sole
discretion, take any lawful action which it deems appropriate to enforce its rights under this Ordinance in
lieu of revocation.
SECTION 15: Miscellaneous Provisions
15.1
Force Majeure. Neither party shall be held in default under, or in non-compliance with,
the provisions of this Ordinance, nor suffer any enforcement or penalty relating to non-compliance
or default (including revocation of the Franchise), where such non-compliance or alleged defaults
occurred or were caused by epidemics, pandemics, acts of terrorism, riot, war, earthquake, flood,
unusually severe rain or snow storm, tornado or other catastrophic act of nature or fiber cut or
other damage or event that is reasonably beyond that party’s ability to anticipate or control. This
section also covers work delays caused by waiting for utility providers to service or monitor their
utility poles on which Grantee’s Facilities or equipment is attached, as well as unavailability of
materials or qualified labor to perform the work necessary and delays caused by limited access to
easements, poles or streets.
15.2
Minor Violations. Furthermore, the parties hereby agree that it is not the Grantor’s intention to
subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for violations of the
Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the
Subscribers within the Service Area.
15.3
Action of Parties. In any action by the Grantor or the Grantee that is mandated or permitted
under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore,
in any instance where approval or consent is required under the terms hereof, such approval or consent
shall not be unreasonably withheld.

16

15.4
Equal Protection. If any other provider of cable services or wireline video services (without
regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any
State or federal governmental entity to provide such services using facilities located wholly or partly in the
public rights-of-way of the Grantor, the Grantor shall within thirty (30) days of a written request from
Grantee, modify this Franchise to ensure that the obligations applicable to Grantee are no more
burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications
consistent with this requirement, Grantee’s Franchise shall be deemed so modified thirty (30) days after
the Grantee’s initial written notice. As an alternative to the Franchise modification request, the Grantee
shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30)
days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to
terminate this Franchise and, at Grantee’s option, negotiate a renewal or replacement franchise, license,
consent, certificate or other authorization with any appropriate government entity.
15.5
Notices. Every notice required by this Franchise shall be in writing, and shall be deemed to have
been duly given to the required party when hand delivered or five (5) business days after having been
posted in a properly sealed and correctly addressed envelope when sent by certified or registered mail,
postage prepaid, or when sent via electronic mail (email).
The notices or responses to the Grantor shall be addressed as follows:
City of Evanston
1200 Main Street
Evanston, WY 82930
Attention: City Clerk
The notices or responses to the Grantee shall be addressed as follows:
All West/Wyoming Inc.
1581 Gateway Blvd.
Rock Springs, WY 82901
The Grantor and Grantee may designate another address from time to time by giving written notice to the
other without having to amend this Franchise.
15.6
Public Notice. Notice of any public meeting relating to this Franchise or any grant of additional
franchises, licenses, consents, certificates, authorizations, or exemptions by the Grantor to any other
person(s) to provide Cable Services, video services, or other television services utilizing any system or
technology requiring use of the public rights-of-way shall be by publication at least once in a newspaper of
general circulation in the area at least ten (10) days prior to the meeting and a posting at the administrative
building of the Grantor.
15.7
Descriptive Headings. The headings to sections or subsections are intended solely to facilitate
the reading thereof. They shall not affect the meaning or interpretation of the text herein.
15.8
No Third-Party Beneficiaries. Nothing in this Franchise is intended to confer third-party
beneficiary status on any person to enforce the terms of this Franchise.
15.9
Severability. If any section, subsection, sentence, clause, or phrase of this Franchise is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Franchise.
15.10 Entire Agreement. This Franchise constitutes the entire agreement between Grantee and Grantor
regarding the Cable System and supersedes all prior or contemporaneous agreements, representations or
understandings (whether written or oral) of the parties regarding the subject matter hereof.
15.11 Amendments to Franchise. Any changes, modifications or amendments to this Franchise must
be made in writing, signed by the Grantor and Grantee.
15.12 Publication Cost. Grantee shall pay the City for the documented cost incurred for publication
and notice of this Franchise.
15.13 Binding Effect. This Franchise shall be binding upon the parties hereto, their permitted
successors and assigns.
15.14 No Joint Venture. Nothing herein shall 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 which would indicate any such relationship with the other.

17

15.15 No Waiver. The failure of the City at any time to require performance by Grantee of any provision
hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the
City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of
such provision, or as a waiver of the provision itself or any other provision.
15.16 Venue. Venue for any judicial dispute between the parties shall be in State Court in Uinta
County, Wyoming, or the United States District Court for the District of Wyoming.
15.17 Wyoming Governmental Immunity. The Grantor does not waive its governmental immunity or
its defenses as provided by the Wyoming Constitution and the Wyoming Governmental Claims Act.
15.18
Laws. This Franchise and the respective rights and obligations of the parties hereunder are
subject to all present and future laws or regulations, whether federal or State, of duly constituted authorities
which have jurisdiction over this Franchise, one or both of the parties, or any transaction hereunder.
15.19 Effective Date. This Ordinance shall be in full force and effect after its final passage and
publication as required by law and upon acceptance by Grantee shall be held to constitute a binding contract
between Grantor and Grantee as of the date first above written.
15.20Conflict. All ordinances or parts of ordinances in existence at the time of the adoption of this
Ordinance in conflict herewith are hereby repealed to the extent of such conflict. If the Grantor adopts in
the future ordinances that conflict with this Ordinance, this Ordinance shall control.
PASSED, APPROVED AND ADOPTED on Third and Final Reading this 5th day of May 2026.
____________________________________
Kent H. Williams, Mayor
ATTEST:
Diane Harris, City Clerk
The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
RESOLUTION 26-15

Council member Lind introduced Resolution 26-15.
Sellers seconded, to adopt Resolution 26-15.

Council member Lind moved, Council member

A RESOLUTION OF THE CITY OF EVANSTON, WYOMING AUTHORIZING THE ACCEPTANCE AND
EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA THROUGH THE
FEDERAL AVIATION ADMINISTRATION TO OBTAIN GRANT FUNDS FOR ACQUISITION OF SNOW
REMOVAL EQUIPMENT AT THE EVANSTON-UINTA COUNTY AIRPORT.
WHEREAS, the Evanston-Uinta County Burns Field Airport requires snow removal equipment,
specifically a front-end loader with blower, bucket, and plow attachments, to maintain safe and serviceable
airfield conditions during winter operations; and
WHEREAS, the Federal Aviation Administration has offered Airport Infrastructure Grant (AIG)
Grant Agreement No. 3-56-0036-036-2026, providing federal funds in the maximum obligation amount of
$418,000 (95% federal share) under the Infrastructure Investment and Jobs Act for acquisition of said snow
removal equipment at the Evanston-Uinta County Burns Field Airport; and
WHEREAS, it is necessary for the City of Evanston to accept and execute the Grant Agreement
with the Federal Aviation Administration in order to receive the federal grant funds and to authorize the
Mayor and City Clerk to execute the same on behalf of the City of Evanston;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
EVANSTON, WYOMING THAT:
Section 1: The City of Evanston hereby accepts and authorizes the execution of Grant
Agreement No. 3-56-0036-036-2026 with the Federal Aviation Administration for the acquisition of snow
removal equipment (front-end loader with blower, bucket, and plow attachments) at the Evanston-Uinta
County Burns Field Airport, in the maximum federal obligation amount of $418,000.
Section 2: The Mayor and City Clerk are hereby authorized to sign and attest the Grant
Agreement with the Federal Aviation Administration on behalf of the City of Evanston.
PASSED, APPROVED AND ADOPTED this 5th day of May 2026.
____________________________________
Kent H. Williams, Mayor
ATTEST:
Diane Harris, City Clerk

18

The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
Golf Carts

Council member Sellers moved, Council member Perkes seconded, to authorize execution of a
quote with Highland Golf to lease 16 gas golf carts for use at the Purple Sage Golf Course.
The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.
Department Head Comments

City Attorney/Prosecutor, Mark Harris reported that he and Damon Newsome, City Engineer, will attend a
legislative Select Water Committee meeting on May 7, 2026 to testify regarding storm water issues and
participate in water usage by data centers discussion.
Public Participation
Kathy Cook inquired about golf carts, the hotel at the top of the hill, whether vaping is legal and a request
for the City to hire three to four employees for Arts, Inc.
Adjournment
Council member Lind moved, Council member Schmidt seconded to adjourn the meeting at 6:44
pm.
The motion passed with 7 yes votes:

Willliams, Schmidt, Lind, Perkes, Welling, Sellers, Hegeman.

Kent H. Williams, Mayor
Diane Harris, City Clerk

19

RESOLUTION 26 – 16
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF
EVANSTON, WYOMING AUTHORIZING AND APPROVING CHANGE
ORDER NO. 1 FOR THE 2026 STREET MAINTENANCE (OVERLAY)
PROJECT.
WHEREAS, the City of Evanston has previously authorized the 2026 Street Maintenance
(Overlay) Project, which is being constructed by Geneva Rock Products, and
WHEREAS, the Project is a unit price bid Project, and in evaluating the potential to adding
additional locations where work will be performed in 2026, the City Engineer has determined
sufficient funds exist in the current budgeted amount for the Project that additional street locations
can be added at the same unit price approved in the bid; and
WHEREAS, the governing body has determined that it is in the public=s interest to approve
Change Order No. 1 for the reasons set forth therein;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF EVANSTON, WYOMING, AS FOLLOWS:
Section 1. The execution of Change Order No. 1 for the 2026 Street Maintenance (Overlay)
Project, a copy of which is attached hereto, is approved.
Section 2. The City Engineer or Mayor are authorized to approve Change Order No. 1 on
behalf of the City.
PASSED, APPROVED AND ADOPTED this 19th day of May 2026.

Kent H. Williams, Mayor
ATTEST:
______________________________
Diane Harris, City Clerk
Schmidt
Lind
Perkes
Williams
Welling
Sellers
Hegeman

CHANGE ORDER NO. 01
Owner:

City of Evanston, Wyoming

Owner’s Project No.:

N/A

Engineer:

Damon Newsome, P.E.

Engineer’s Project No.:

N/A

Project:

2026 Street Maintenance Project – Various Locations

Contract Name:

Construction

Contractor:

Geneva Rock Products

Date issued:

May 29, 2026

The Contract is modified as follows upon execution of this Change Order by the Owner:
Description:
1. Add Prospector Drive to 2026 Maintenance Project
a. Evanston Public Works; street overlay budget (10-602-6508)
b. Estimated cost = $96,113 (contractor price quote attached)

Total Increase to Project Amount: $96,113.00

Change in Contract Price
Original Contract Price:
$

Change in Contract Times
Original Contract Times:
Final Completion:
August 21, 2026
Ready for final payment: -

1,094,333.50

[Increase] [Decrease] from previously approved
Change Orders:

$

[Increase] [Decrease] from previously approved
Change Orders No.1 to No. [Number of previous
Change Order]:
Final Completion:
Ready for final payment: -

0.00

Contract Price prior to this Change Order:
$

Contract Times prior to this Change Order:
Final Completion:
Ready for final payment: -

1,094,333.50

[Increase] [Decrease] to Base Bid this Change Order:
$

96,113.00

Base Bid Contract Price incorporating this Change
Order:
$

Increase this Change Order:
Final Completion:
Ready for final payment: Contract Times with all approved Change Orders:
Final Completion:
Ready for final payment:

1,190,446.50

Authorized by Owner

-

Accepted by Contractor

By:
Title:
Date:

Page 1 of 1

RESOLUTION 26 – 17
A RESOLUTION OF THE CITY OF EVANSTON, WYOMING
AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT WITH AND CONVEYANCE OF REAL PROPERTY TO
THE WYOMING DEPARTMENT OF TRANSPORTATION (“WYDOT”).
WHEREAS, the City of Evanston has advertised a notice of the intended conveyance of
the real property described below to the Wyoming Department of Transportation pursuant to Wyo.
Stat. 15-1-112; and
WHEREAS, pursuant to the notice, a public hearing was held and conducted before the
governing body on May 19, 2026 to receive public information, input, objections and other
information concerning the proposed conveyance of the real property; and
WHEREAS, WYDOT has notified the City that it desires to purchase two parcels of
property along Front and Sixth Street and Front Street and Bear River Drive for the purposes of a
signal replacement and ADA compliance program; and
WHEREAS, the governing body of the City of Evanston has considered all of the public
information, input, objections and other information concerning the conveyance of the real
property that was submitted at the hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF EVANSTON, WYOMING THAT:
Section 1: The conveyance of the real property described below to School District No. One,
Uinta County, Wyoming is hereby authorized and approved. Said real property being more
particularly described as:
Parcel No. 1
WYDOT Project No. B263016
A parcel of land in Lot 1, Block 1, Original City of Evanston and a portion of the
vacated 100 foot by 12 feet wide strip of land described in Book 406, Page 517 of
the Uinta County records, situate in Section 21, T. 15 N., R. 120 W., of the 6th
P.M., Uinta County, Wyoming, described by metes and bounds as follows:
Commencing at the quarter corner common to Sections 16 and 21, T. 15 N., R. 120
W., monumented by a lead plug with a Brass Screw in concrete, from which the
corner common to Sections 15, 16, 21, and 22, T. 15 N., R. 120 W. bears S. 89° 39'
31.5" E. a distance of2,689.39 feet, monumented by a 3.25 inch Brass Cap inscribed
1983 RLS 482, Basis of Bearing, as shown on that Record of Survey prepared by
Fred W. Coles, PLS 6927, recorded July 15, 2025 in Document No. 1174984 of the
Uinta County Records;
thence S. 26° 20' 02.8" W. a distance of 2,278.29 feet to the southerly right of way
boundary of Front Street, THE TRUE POINT OF BEGINNING;
thence along said boundary S. 29° 56' 04.1" E. a distance of 15.66 feet;
thence S. 43° 22' 17.2" W. a distance of 10.00 feet;
thence S. 46° 38' 03.1" E. a distance of 10.00 feet to the westerly right of way
boundary of 6th Street (Wyoming State Highway 89):
thence along said boundary S. 37° 33' 12.7" W. a distance of 20.23 feet;
thence N. 14 ° 22' 52.4" W. a distance of 16.00 feet;
thence N. 15° 57' 58.2" E. a distance of 29.39 feet to the point of beginning.
The above described parcel of land contains 358 square feet, more or less.
Parcel No. lA
WYDOT Project No. B263016
A parcel of land in Lot 1, Block 1, Union Center Addition to the City of Evanston,

situate in Section 21,
T. 15 N., R. 120 W., of the 6th P.M., Uinta County, Wyoming, described by metes
and bounds as follows:
Commencing at the quarter corner common to Sections 16 and 21, T. 15 N., R. 120
W., monumented by a lead plug with a Brass Screw in concrete, from which the
corner common to Sections 15, 16, 21, and 22, T. 15 N., R. 120 W. bears S. 89° 39'
31.5" E. a distance of 2,689.39 feet, monumented by a 3.25 inch Brass Cap
inscribed 1983 RLS 482, Basis of Bearing, as shown on that Record of Survey
prepared by Fred W. Coles, PLS 6927, recorded July 15, 2025 in Document No.
1174984 of the Uinta County Records;
thence S. 55° 25' 11.6" W. a distance of 2,143.79 feet to the northerly right of way
boundary of Front Street, THE TRUE POINT OF BEGINNING;
thence along said boundary N. 46° 37' 14.8" W. a distance of 24.00 feet;
thence N. 88° 58' 56.2" E. a distance of 33.59 feet to the westerly right of way
boundary of Bear River Drive; thence along said boundary S. 43° 22' 45.2" W. a
distance of 23.50 feet to the point of beginning.
The above described parcel of land contains 282 square feet, more or less.
Section 2: The Mayor and City Clerk are hereby authorized to execute a Deed conveying
to the Transportation Commission of Wyoming the above described real property.
PASSED, APPROVED AND ADOPTED this 19th day of May 2026.

Kent H. Williams, Mayor
ATTEST:

Diane Harris, City Clerk
Schmidt
Lind
Perkes
Williams
Welling
Sellers
Hegeman

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_______
_______
_______
_______
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April 10, 2026

3. The Landowner shall terminate at their expense all existing leases or rental agreements,
including advertising sign leases, affecting any portion of the property being conveyed,
and shall notify any lessees of such action within thirty days from the date of this
Agreement.

4. The Landowner has received a copy of the Departments Highways & Your Land brochure
and any relocation benefits to which the Landowner may be entitled have been explained
by the Department Representative. The Landowner requests relocation benefits for moving
personal property, replacement housing, or business or farm displacement, to the extent of
their eligibility under Wyoming Law.
5. The Department may fence the right-of-way boundary and/or property as directed by the
Department's representative before any other construction work is started. Said fencing
shall be maintained by the Department.
6. There is excepted and reserved from the property all oil, gas, and other minerals that can
be removed from the ground without jeopardy to the maintenance or safety of the public
use or travel upon the surface estate and without using the surface of the property.
COST TO CURE DAMAGES

As part of the consideration listed, the Department shall pay to the Landowner the amount of two
thousand and 00/100 dollars ($2,000.00), to replace the following items that will be removed as
part of the construction phase of this project. The Landowner at their sole expense shall be
responsible to replace the items herein listed below.
Tvoe ofDamae:e ·.•..
Sprinkler System
. ·•

..

.•

.. .·· .Comments•.

•.

•.

Waterlines and sprinkler
replacement

Amount

$2,000.00

CONTINUAL ACCESS

The Landovmer shall have safe access to their property at all times during construction on the
above referenced project.
FEDERAL TAX REPORTING

Pursuant to the 1986 Tax Reform Act, the Department may be required to report all or a portion
of the herein stated consideration to the Internal Revenue Service. The individual handling of the
proceeds of this transaction are the responsibility of the Lando\\<ner. In cooperation with IRS
regulations, the Landowner agrees to complete the Department's W-9 form for the Department's
use in reporting as required. Landowner acknowledges that payment will not be made without
a properly completed W-9 form and that incomplete information may delay payment.
CONSIDERATION

The Department agrees to pay to the Landowner the sum of five thousand two hundred and
00/100 dollars ($5,200.00) within forty-five (45) working days of the date of the final signature
on this Agreement and its possession of the completed W-9 form. Before final payment is made
by the Department, the Department may make a title examination to determine if sufficient title to
the property is vested in the Landowner. The Department will pay all costs of any necessary
abstracting. The Landowner grants to the Department and its contractors the right of immediate
entry on the property for survey and preliminary plan preparation. In the event of unacceptable
title, the Landowner will cooperate with the Department to clear the title. The Department will pay
all costs for quiet title actions, court orders, and any similar expenses incidental to conveying the
property to the Department.

Memorandum of Agreement
Wyoming Department of Transportation and City of Evanston
2 of 4

April 10, 2026

NONDISCRIMINATION

All parties shall comply \\<ith the Civil Rights Act of 1964, the Wyoming Fair Employment
Practices Act (Wyo. Stat. § 27-9-105, et seq.), the Americans mth Disabilities Act (ADA), 42
U.S.C. § 12101, ct seq., and the Age Discrimination Act of 1975 and any properly promulgated
rules and regulations thereto and shall not discriminate against any individual on the grounds of
age, sex, color, race, religion, national origin, or disability in connection with the performance
under this Agreement.

APPLICABLE LAW, RULES OF CONSTRUCTION, Al�D VENUE

The construction, interpretation, and enforcement of this Agreement shall be governed by the laws
of the State of Wyoming, without regard to conflicts of law principles. The terms "hereof,"
"hereunder," "herein," and words of similar import, are intended to refer to this Agreement as a
whole and not to any particular provision or part. The Courts of the State of Wyoming shall have
jurisdiction over this Agreement and the parties. The venue shall be the First Judicial District,
Laramie County, Wyoming.
AVAILABILITY OF FUNDS

Each payment obligation of the Department is conditioned upon the availability of government
funds which are appropriated or allocated for the payment of this obligation and which may be
limited for any reason including, but not limited to, congressional, legislative, gubernatorial, or
administrative action. If funds are not allocated and available for continued performance of the
Agreement, the Agreement may be terminated by the Department at the end of the period for which
the funds are available. The Department shall notify the Landovmer at the earliest possible time
of a shortage of funds. No penalty shall accrue to the Department in the event this provision is
exercised, and the Department shall not be obligated or liable for any future payments due or for
any damages as a result of termination under this section.
SOVEREIGN IMMUNITY

Pursuant to Wyo. Stat. § 1-39-104(a), the State ofWyoming, the Department (WYDOT), expressly
reserve sovereign immunity by entering into this Agreement and the Landowner (City of Evanston)
expressly reserves governmental immunity. Each of them specifically retains all immunities and
defenses available to them as sovereign or governmental entities pursuant to Wyo. Stat. §
1-39-101, et seq., and all other applicable law. Designations of venue, choice oflaw, enforcement
actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The
parties agree that any ambiguity in this Agreement shall not be strictly construed, either against or
for either party, except that any ambiguity as to immunity shall be construed in favor of immunity.
ENTIRETY OF AGREEMENT

This Memorandum of Agreement, consisting of four (4) pages; and Exhibit "A" consisting of two
(2) pages, represent the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations and agreements, whether written or oral. There are no additional
promises, terms, conditions, stipulations or obligations between the parties. All parties having read
the entire Agreement and having full knowledge of the Agreement, its intent, content, and of all
clauses contained herein, place their signatures below, acknowledging and giving full and
complete approval of this Agreement. By signing below, the Landowner represents and warrants
that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. This
Memorandum of Agreement shall be binding upon the Landowner, their representatives, heirs,
successors or assigns.

Memorandum -of Agreement
Wyoming Department of Transportation and City of Evanston
3of4

April I 0, 2026

Wyoming Department of Transportation:
By: ----------------AJ Trabing, Staff Appraiser
Date
Landowner:

City of Evanston

Date

ATTORNEY GENERAL'S OFFICE: APPROVAL AS TO FORM

Nicholas T. Garcia, Assistant Attorney General

Date

Memorandum of Agreement
Wyoming Department of Transportation and City of Evanston
4of4

APPROVAL AS TO FORM
EVANSTON CITY ATTORNEY’S OFFICE:
WYDOT Property Conveyance MOU
____________________________________________
Mark W Harris, Evanston City Attorney

May 19, 2026

Date