03-10124 Affidavit of Publication
Following is a true and correct copy of Ord.No.03-10124
and amendments thereto, to wireationsoror'rot Permit 1t°to operate an
together with proof of publication of the same. be used by a telecommunka-
broadcast service, -easements �n rodeo them. without
bons local exchange service , obtained by utilities or ,private fl payment of fees permitted by
I provider, in calculating .the easements in platted .subdiui- 47 U.S.C• § 573Ion2)(8) and
I amount'of 'access line remit dons or tracts. �, . 1 I without complying withi FCC
'tance C Telecommunications local regulations promulgated/ pun
AFFIDAVIT I"Access' line , remittance" I exchange service i' roeder•' suant to 47US.C.§573.
means the amount to be path ' means a local exchange Cam- SECTION 7. Facilities. SBC
by a-telecommunications local er as defined in subsection)(h) shall have the right pursuant to
exchange service provider to a al of K.S.A. 66-1,187, --land this contract franchise ordi.
I, Ann M.Garrison ,being, city, the total of which is calu-, amendments thereto! and). a nance to construct maintain
lated(By'multiplying the access telecommunications Carrier asl and operate .poles, conduit,
line fee,. as determined;in the defined in subsection (m)} of cable, switches and 1 related
city, by the number of access K.S.A. 66-1,187, and amend- appudenances and facilities
duly sworn,declare that I am the Advertising Services lines 'served by that'telecom- menu thereto, which does, or along, across, upon and under
any public
munications exchange service in good faith intends to, • public nghtof-way. ) Such
provider within that city , vide local exchange service. appudenances and facilities i
each t month in That Caledar • The term telecommunications shall be so constructed and
Coordinator of THE SALINA JOURNAL, a daily news- quaver. 1 local exchange service provid- maintained as not to obstruct
'City. Regulations" shall refer er does not indude an interex- or hinder•the usual travel or
to all laws, rules, and repute- change carder that does i not public safety on such public
a e[published at Salina,Saline County, and ,lions of the City, whether es- provide local exchange sew-I ways or obs uct the legal use
p p p y ,
tablished by ordinance, resolu- ice, compelWe access provld by other Wlities.
Lion, or other authorized meth- er that does not provide local' SECTION 8. Limited to Pub-
otl. s exchange service or_any' wire- Ili Right-of-Way. Nothing in
of general circulation in said county,which newspaper •cross:.ereip s' means only less telecommunications . local I this contract franchise •arch-
those, receipts collected from exchange service provider. nance shall be interpreted as
' within the corporate .,bounda-r� SECTION 3. Compensation. granting SBC the authority to
has been continuously and uninterruptedly ublished des of the city enacting the Compensation made• pursuant construct maintain or operate
y p y p franchise and which are de-" to this contract' franchise ordi- : any facility or related appurte-
rived from the following: (A) nance shall be paid on a n on PmperW owned by
' Recurring local exchange monthly basis without invoice I the city outside of the- public./
for five consecutive years prior to first publication of at- service•for business and nisi- or reminder from the City and dghOoli'waY•
dente which includes basic paid within forty-five (45) days SECTION 9. Rightof.Way
I exchange service,' touch tone, after the last day of the appli- ^- ..--__I Cached notice,and that the attache
exchange
calling features and cable month. 'For the first par-�
measured local calls; (B) re- fiat Calendar year of this GM-
, cuffing local exchange access tract franchise ordinance; said
line services for pay phone compensation shall be a sum •t
Ord..No.03-10124 ; lines provided by a telecom- equal to 5% of gross receipts. 1
munications local exchange Thereafter, • compensation for
service. provider to •alt pay each calendar.year of the re- '
has been COrrectl Ubhshed rn sold nCWS a Cr 1 phone service providers; (c) mining term of the contrail'Cu ent The authority of
y p p p I local directory assistance rev- 'franchise ordinance shall con- se and occupy the
' enue; (D) line status verifica fine to be based on a sum public!'dghtof-way shall al-
' tionNusy interrupt revenue; equal to 5% of gross receipts; ways be subject and subordi-
times, the first publication given in (E) local operator assistance unless the' City notifies; SBC note to the reasonable public
revenue; and (F) nonrecurring prior'to'ninety (90) days before health, safety, and welfare re-
local exchange service revel, , the end of the calendar'year quirements- and regulations of
ththe issue of January 31 2003 ' nue which shall •include cus- that it intends to increase or l the City!"/The City may ever-
e .tamer service for installation of decrease the percentage of I else its.:home rule powers in•its
• lines, reconnection of service gross receipts for the following administration and regulation
' and charge for duplicate bills_ calendar year or that It intends i)related to the management of
All other revenues,' including, to'switch to an access foe fee I the putilk right-of-way provid-
\ slirtiticrincinki.Sl:v I but not limited to, revenues for-the.following calendar year. ed that any such exercise
' from extended area service, In the event City elects com- Must be competitively neutral "
the sale'of lease of unbundled pensatbn based on an,access 'and may not be unreasonable
3/� network elements, nonregulat- line .fee, nothing herein) pre- �37-'dscriminatory. Nothing
Subscribed and sworn to before me, this ed services, tamer and end dudes• City from s ping herein shall be construed to
user access, long distance, beck to a gross receipts fee, i limit the-authority of the City to
I wireless telecommunications provided City notifies SBC pri-. require 'a competitive• .infra-
FL rVaf I services, lines providing only or to ninety (90) days before suuaure provider to enter into
day of i'%%J y A.D.2003 data service without Voice the and M the calendar year. a contract franchise ordinance,
� dfrtr----- services processed by a tale- SECTION 10. Limitation on
— chrome, servic rovid ex- a y iicr January 1 20 H, Uae of Portion of ave the L�, change, service provider, ion- any increased access line lee Wey. Ttm,tCiry shall have the
vetej line service arrange- or gross receipt fee shall.,be in,)authority 10 prohibit the use or
x Notary Public I mans,' Internet broadband. compliance with the public-rid t occupation of•a specific por-
t 10•bI8t0� � and all other services not tification procedures set-forth lion 'of public' right-of-way by
/y�y�� I wholly local in nature are ex- in subsections (I) end •Ira) ,SBC due to a reasonable pub-
' llrn=' °°'O�i I - eluded from gross- receipts, K.S.A.2002 Sup0122001 e� lid interest necessitated by
_ __ EIQI. 2-O J Gross receipts shall be re- SECTION 4. Examination',of public health, safety and wet-
• Iduced by bad debt expenses.•• Records. The City shag,have fare so long as•the authority is
Uncoilectible and late charges i the right to examine. :upon exercised In a competitively
-
I shall not be included within ,written notice"to the telecom- normal manner and is not un-
(Published In The Salina r'Altass line'shell mean and gross receipts. If a telecom- `munications local exchange reasonable or discriminatory.
Journal January 31,2003) ,be limited to retail billed and municatons local exchange service provider, no more than A reasonable- public interest
ORDINANCE NUMBER collected residential lines; service -provider offers addi- once per calendar year, tbose shall include the following:
a • 03110124 business fines; ISDN liner dorW•services of a wholly local l records necessary to verily,the , (1) The prohibition is
t AN ORDINANCE GRANTING PBX trunks and simulated ex- nature which it in existence on I correctness m the coenpensa- ,based upon a recommen-
TO SOUTHWESTERN BELL ex-
Change access tines provided ' ' or before July 1, 2002,.would• .ion paid pursuant to this'con- •dation of the city engineer,
TELEPHONE COMPANY I by: a central office -based have .been included' with the tract franchise ordinance. t -is related to public heath,
LP., d/b/a SBC KANSAS, 4A switching arrangement where definition of 'gross receipts, SECTION 5. Compliance safety and welfare'and is
FRANCHISE FOR i THE all:stations served by such si- such•-services shall be induct with Law. As a condition of nondiscriminatory among
RIGHT TO CONSTRUCT,--OP- inulated exchange access ad'from'the date of the offering this contract franchise xomi- providers, including .in-
- ERATE, MAINTAIN AND_.EX- lined are used by a single cus- of such services in me city. nance, SBC is required to lob- i cumbent providers;
TEND A TELECOMMUNICA- tmer of the provider of such "Local exchange service" 'fain and is responsible for,any ((2) SBC has rejected' a
TONS SYSTEM IN THE CITY arrangement. . Access line means local switched telecom- necessary permit, license, cer- /reasonable, competitively
OF SALINA, KANSAS, ' AND may ,not be construed to in- I munications service within any i tifleafon, ,grant. registration or r neutral and nondiscrimina-
REPEALING ORDINANCE jlude" 'interoffice transport or. local exchange service area any, 'other authorization I "re-I tory justification offered by
NUMBER 9&9894. - ( other transmission media that r, approved by the state corpora- 'quired by any appropriate,gov-1 the City for requiring an at-
Be it ordained by the/govern- do not terminate ,at an 'end' ton commission, regardless of lemmental entity, including, but )temate method or 'alter-
ing body of the City' o6 Saline, bier customer's premises, or —_ hot limited to the City, the , nate route that *II result
Kansas: t. -f 16: permit duplicate or multiple the medium by which the local r 'Federal • Communications, In• neither unreasonable
SECTION ' . Grim of,flan- assessment of access line l telecommunications service is Commission (FCC) or the additional installation I ex-
.Pursuant ' to' K.S.A. rites on the provision of a sin-: provided. The term local ex- j Kansas Corporation• Commis- pease nor a diminution of
2002 Supp.i 12-2001V'e con- gle Service or on the multiple change service .shall not in- , den (KCC), subject to SBC's service quality;
tract franchise',•ordnance 7 is communications 'paths derived dude wireless communication eight,to challenge in good faith (3) the City reasonable de-
bereby 'granted 'tonSaMwesr- 'from'a billed and collected ac- services. O 'fished requirements as estab- termites,, after affording 1
em Bell''Telephone: Company pess line. 'Access line shall 'Provider" shall mean a local , fished by, the FCC, 'KCC or the provider reasonable
L.P.; ' dMa • SBO's Kansas not ,include the following: exchange carrier as defined in ,(other City regulations. SBC notice and an unity
(SBC), a- teommunications I Wireless telecommunications) subsection (h) of KSA
lec 66-1, .;I shal/.also comply with all appli- to be heard, that aidenial
local,.exchange service provid- services,•the sale or lease of f 187, and amendments thereto,i,;cable:laws, statutes'and/or city j is necessary to protect the
etc providing -kcal exchange unbundled loop facilities,,.spa-j Or a' telecommunira9am xant- 1.'regulations, subject'"to SBC's 1C public health and solely
service within the City of(Safi- dal'eicess services, lines pro- er as defined in subsi tion'(m)t �rght to challenge in good faith I and is imposed on a con-
s,' Kansas (Cg¢),- subject,to Ming),only,data.services;with-' of , K.S.A.', 66-1, 187,1, and such"laws, statutes;and/or city -'petidvely neutral and non-
Me 'provisions contained 4.here- oa voce services process by I amendments thereto. -;' regulations. •j l discriminatory basis:orj
after. The term of this•ordi- ' al'telecommunications kcal ex- Public right-of-way" means SECTION 6. Not a Cable Op-I (4) the specific'portion of
nance shall be for a''pededlbe• change: services provider or only the area of real prop$M 'eromr. (This contract franchise ' the public light-of-way for
ginning April 1 2003,;and'antl- private 'line service arrange- •in which the city has a dedicat- ' ordinance 'does 'not t provide' which SBC seeks use and
Ing' ,December 31,'/t' 2006. mains: - t ed on acquired right-of-year in- SBC the right to provide cable I occupancy is envirorimen-
Compensation for. said con- "Access line, count" 'means I terest in the real property. (It sece a cable operator (as, ' tally sensitive 'as defined
act I franchise ordinance shall the number of access tins 'i shall include the area on, be- defined 'by'47 U S.C,rvian f§ 522 i by state or federal law or
be'. established pursuant, to serving consumers within the low or above the present and• (5)) within the City:1, Upon ' lies within a previously
Section 3 of this ordinance., corporate boundaries of the future:streets, alleys, avenues, SBC's request for a franchise •' designated historic district
SECTION 2.' Definition'. For city on the last day of each, roads, highways, parkways I or to provide cable service- as a • as defined by local, state I
the• purpose of this contract I month, boulevards dedicated or ac cable operator (as defined by or federal law.
franchise ordnance, the Iol- 'Access line fee' means, a quired as right-of-way. The 47 U.S.C. § 522 (5)) within the I SECTION It Right-of-Way
lowing words and phrases and fee determined by a city, up to term does not include the air- City, the City agrees to timely,Regulations. SBC shall corn)
their derivations shall have the a maximum• as set out in waves above a right-ol-way negotiate such franchise in ply with all laws and city regu-
kllowing meaning: K.S.A. 2002 Supp. 12 -2001 with regard to wireless tell good faith with SBC. SBC, governing the use of
t Lcommunications oroother non- agrees that this franchise does ( blicnghtol-way.
SECTION-12.—Repair of-Darn-
..
age Ito' Right-of-Way, The
SECTION 17. Tree Trimming.
City required in state of Kan-
requires SBC to repair all I Permission is. hereby granted
damage to the public right-of- • sas; insuring appropriate to SBC to trim trees upon any
way cor of the activities of and timely performance in sidewalks streets, allays
SBC, Of of airy,agent affiliate, , the nconsuuction and 'main-
sidewalks city and public places of
employee, or subcontractor. of tenants of-facilities-.local-
said city sip as to prevent the
SBC, ,while-- Instal- ed' in the pubic right-of- branches of such trees from
ling,Jrepairing or maintaining way. •'j ) '
facilities In a public'a right-of-"' SECTION 14. Indemnilica- coming in contact with SEC's'
way and;to�retum the right-of lion and Hold•• Harmless. facilities, all the said trimming
(way, to its functional equva- SBC shall indemnity and hold shall comply with all applicable
the•Ciry• end its officers aid laws, statures and/or city raga-
lance before/Me damage pur- lotions.
employees harmless against
'want to t(Ia reasonable re- SECTION 18. Nomexc/uslve
any and •all claims; lawsuits,
of tbeenis land specifications , Franchise. Nothing herein
ud ments,. costs„ liens, :loss-
'of the;Care Ifs SEC fails to 19- contained shall be construed
es, .expenses, fees (including
make the repairs required'by as going SBC any exclusive
reasonable atlomey fees•• and
the City, the'and:CRY, may effect coat's, defense), Droceetl- privileges, nor .shag it affect
these repairs.Ind charge SBC f any prior or existing rights of
figs, actions, demands, caus-
thercosts of,those repairs. If SBC to maintain a within of action, liability and. suits '
result ry Incurs on of this as a nications system within the
of any kind and nature; includ-
nob_'a violation of this sub- City.
ing personal or bodily injury
section,„ then ,the, City' shall SECTION 19. Resold Access
(including death), property
have-a cause of action against ) Lines. SBC shag collect and
dame ,or, other harm for
SBC for violation of this sub-I �.. I remit compensation as dead.-whu'h recovery of damages is
section, any may recover j its bed in Section 3 on those ac-
Damages, including reasons-,
ac-
sought, to lee extent Met-it is Cass-lines that have been re-'
fou by:a- town of competent
toUnd'tome fees, if 'SBC is sold •to another telecomm I-
foontllieble by a court of corn- lurisdctibn to be caused by
1 ihel,negligence- of SBC, any
cations local exchange service'
patent jud!diction. proCder.
SECTION 13. Fees. •The City agent, officer, director, repre-
or \sue, 'employe
e, affiliate SECTION or Notices. Ace'
may ees against any of Me follow- - under or permitted notice
or Isubcontrsaor of SBC, or
ing tees against SEC'for use under this contract franchise'
and occupancy of the public. their 'respective officers, ordinance shall be in writing.
right-of-way, provided that I agents, employees,• directors Notice•uDOn the City shall be
such tees reimburse the City or representatives, while im
ty delivered by first class United
far 'Its reasonable, equal and staging, repairing or maintain-
for States mail or by personal de-
.'
costs of managing ing faaiities in a public right-of livery to:
the city right-of-way, and are • way. . • City Manager
imposed on all such providers The indemnity provided by City of Salina
this subsection does not apply 1
in a - utrl.nondiscriminatory. and _ P.O.Box 736
to any liability resulting from
compethlvely neutral manner; t Salina,KS 67402-0736
(1)'A permit fee In cornet- the negligence of the City, its Notice upon SBC shaft be 8e-
-ton with issuing each con- officers, employees, comet- '1
rig livered by first class United
lures in Me public right-of- , and the City are found jointly •1 h� live to:
way within the Cry as pro- ..liable by a court of competent 1 livery SBC Kansas
'vided in K.S.A. 174901, i jurisdiction, liability shall be ` Director-Municipal Affairs
end amendments thereto, apportioned comparatively. in'\1 t 1' 220E 6th Street,Room 505
to.compensate the City for ' accordance with the laws of I t Topeka,KS 66603
issuing, processing and j this state without, however,] 1 1 SECTION 21. Failure to En-
veri n the permit a li- waiving any governmental im-f 11
verifying P PP , '1 force. The failure of either par-
cation; ;country available.to the City un- ty to enforce and remedy any
(2) an'excavation fee for i der'state law and without waiv-4. 1 • noncompliance of the' terms
each street or pavement ing any defenses of the parties t r f 1 t and conditions of this contract
cut to recover the costs under state or federal law. '' franchise ordinance shall not
associated with construe- This section is solely for the' 1 constitute ,a waiver of rights
Sori and repair activity of benefit of the City and SBC', r I nor a waiver of the other par-
; SWTB, their assigns, con- and does not create or grant l I' 1 tys obligations as provided
tractors and/or subcon- any rights, contractual or oth- t' ' herein.
, tractors with the exception erwise, to any other.person or '' , SECTION 22. Force Majeure.
of construction and repair entity. III ach and every provision
1'-to required pursuant of K.S.A. SECTION SB1 or Ntheicationsh of 1:I. hereof shall be subject to acts
City a1, of God, fires, stokes, riots.
Ii' • 2002 Supp. 17-1901 relat- promptly advise• the other in r r1 1 floods, war and other disasters
i .ed- to. construction and writing of any known claim or 'beyond SBC's or the City's
( t maintenance' activities di- demand against SBC or the,')• ''I control
redly related to Improve- City related to or arising'outoi r'. •I' SECTION 23. Applicable
! /;marts im the health, safe- SEC's activities in a public � r ' 1 Law. This contract franchise
ry end welfare of the pub- right-of-way. I ordinance is made under and
1 I�fie:provided, however, im- SECTION 16. Removal or j l; in conformity with the laws of
f position of such excava- Relocation of Facilities. If re- ? the State of Kansas. No such
lion fee must be based 1 quested by pity, in order to ac- `�a contract franchise shall be'et-
upoo a regional specific or complish construction . and I,1 j, feaive until the ordinance
other appropriate study maintenance activities directly rr•'6r granting the same has been
establishing the basis for I related to improvements. for i I adopted as provided by law.
-'such costs which takes in-
the health, safety, and welfare � , r SECTION 24. .Repealer. Ordi-
td account the life of the l of the .public, SBC shall re- • nance Number 98.9894 as ex-
city street prior to the corn move its .facilities, from the tended pursuant to Ortlinance
simction or repair activity public right of way or shall re; I ' Number 02.10121 is hereby
.and the remaining life of locate or adjust its facilities l repealed ;effective April .1,
•ibr
,;Me city street. Such exw- within the public.right of way'at I , 2003.
vation tae is expressly lim-
ited rip cost to the City. Such relo- C SECTION 25. Effective Date.
• to activity that results cation or adjustment shall be 0 Following the adoption of this •
in an actual street or pave- completed as soon as reason-' ordinance and its and iubIiba'
men cut: ■ ably possible within- the, time lion in-the official city,newspa'
y+.• (3) Inspection fees to re- set forth in any request by the .per,- this ordinance shall be in
'cover all reasonable costs City for such relocation or ad- lull tome antl effect from land
associated with .city in- ad-
justment. My damages .sal-
after April 1,2003. •�f
1 speclbn of the• work of feted by the City or its Corfu- \ -
•'.SBC in the right-of-way; tors as a result of SEC's fail-f Introduced:January 13,2003
;�(4)' repair and restoration are to timely relocate or adjust, Passed:January 27,2003
• •casts associated with re- its facilities shall be borne by, /s/Kristin M.Seaton,Mayor
? -pairing. and restoring the. i SBC. - -
public ' right-of-way ; be- • - T
cause of damage 'caused (SEAL) ••.
by SWIE , its assigns;
' contractors, .and/or sub- ATTEST:
t f--'n ontrectors,-in the tight-Of. APPROVED ASTO FORM.-
way;and .
' -(5) a performance bond, in City Clerk rk Nicola
a torn acceptable to-the Ciry Clerk i
City, from a surety Ii- Isl Greg A.Bengtson
y Ciry Attorney rill
tensed to conduct surety
J
rth