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07-10395 Affidavit of Publication Following is a true and correct copy of Ord. No. 07-10395 cations local exchange serv- (45)days after the end of the Pay a franchise fee. The ice provider within that city remittal period. For the first City agrees that in the event together with proof of publication of the same. for each month in that calen- the City does not provide year of this contract fran- the City does not provide dar quarter. chise ordinance, said corn- AT&T Kansas with notice of "Gross receipts" means 'pensation slitlll be a sum an annexation or renumber- only those receipts collected equal to 5-+'percent (5%) of ing and/or renaming of the from within the corporate I gross receipts. Thereafter, streets, AT&T Kansas is not AFFIDAVITboundaries of the city enact- compensation for each cal- liable to the City for payment 'ing the franchise and which endar year of the remaining of franchise fees on the an- .are derived from the follow- term of the contract fran- nexation or renumbered ing: (A) Recurring local ex- chise,ordinance shall contin- and/or renamed streets prior I, Ann Garrison ,being :hange service for business ue to be based on a sum 'to the City providing notice to and residence which in- equal to 5 percent (5%) of AT&T Kansas of such. .cludes basic exchange serv- gross,receipts; unless the SECTION 9: The City ice,touch tone,optional call- City notifies AT&T Kansas' agrees that pursuant to duly sworn, declare that I am the Majors/Nationals ;ing features and measured prior to ninety days(90)be- K.S.A. 2006 Supp. 12- local calls;(B)recurring local fore the end of the calendar 2001(j)(1) and (2) that the -exchange access line serv- year that It intends to in- franchise fee imposed under Coordinator of THE SAUNA JOURNAL,a daily news- ices for pay phone lines pro- crease or decrease the per- contract franchise ordi- this by a telecommunica- centage of gross receipts for I nance must be assessed in - tions local exchange service the following calendar year a competitively neutral man- provider to all pay phone or that it intends to switch to ner, may not unduly impair paper published at Salina,Saline County,Kansas, and 1 service providers; (C) local an access line fee for the fol- competition,must be nondis- ,directory assistance reve-'I lowing calendar year. In the I criminatory and must comply nue; (D) line status verifica- event City elects compensa- with state and federal law. Of general county,circulation in said county,Which newspaper tion/busy interrupt revenue; tion based on an access line SECTION 10: Any required (E)local operator assistance fee,nothing herein precludes or permitted notice under •revenue; and (F) nonrecur- City from switching back to a this contract franchise ordi- ring local exchange service gross receipts fee provided nance shall be in writing. has been continuously and uninterruptedly published revenue which shall include City notifies AT&T Kansas Notice upon the City shall be customer service for installa- prior to ninety days(90) be- delivered to the city clerk by tion of lines, reconnection of fore the end of the calendar first class United States mail for five consecutive years prior to first publication of at:cat service charge other dePei year that it intends to elect a or by personal delivery. No- gross receipts fee for the fol- Lice upon AT&T Kansas shall Hues,including,but not limit- lowing calendar year. Any be delivered by.first class ed to,revenues from extend- increased access line fee or United States mail or•by per- tached notice,and that the attached led area service, the sale or gross receipt fee shall be in sonal delivery to: j lease of unbundled network compliance with the public Southwestern Bell elements,nonregulated serv- notification procedures set L.P. Telephone ele Ord. No.07-10395 'ices,carrier and end user ac- forth in subsections (I) and T ele on lL.P 1 cess, long distance,wireless (m) K.S.A. 2006 Supp. 12- Director-External Affairs 1 telecommunications sery- 2001. i ices,lines providing only da- SECTION 4: The City shall 1640 Fairchild Avenue, has been correctly published in said newspaper 1 I to service without voice serv- have the right to examine, First Floor ices processed by a telecom- upon written notice to the tel- Manhattan,Kansas 66502 munications local exchange ecommunications local ex- service provider, privateline change service provider, no SECTION 11:Failure to En-1 times, the first publication given in service arrangements, inter- more than once per calendar force. The failure of.either' net,broadband and all other year,those records necessa- party to enforce and remedy services not wholly local in Ty to verify the correctness of any noncompliapce of the nature are excluded from the compensation paid pur- terms and_conditions of this the issue of Tune 29 2007. t P P P contract franchise ordildrice gross receipts. Gross re- suant to this contract fran- ceipts shall be reduced by chise ordinance. shall not constitute a waiver bad debt expenses. Uncol- SECTION 5. As a condition of rights nor a waiver of the tit.;'r /��' ` t� lectible and late charges other party's obligations as `i ��tic _ t�Y� 9 of this contract franchise re- provided herein. / shall not be included within I dinance,AT&T Kansas is re- P gross receipts. If a telecom- quired to obtain and is re- SECTION 12: Force Ma- munications local exchange sponsible for any necessary leure.Each and every prow '� ' service provider offers addi- permit, license, certification, sion hereof shall be subject Subscribed and sworn to before me,this tional services of a wholly lo- I grant,registration or any oth-'to acts of God,fires,strikes, cal nature which if in exis- er authorization required by riots, floods, war and other fence on or before July 1, 'any appropriate governmen-! disasters beyond AT&T Kan- L ( 2002, would have been in- tal •entity, including, but not sas'or the City's control. day of j. A.D.2007 eluded with the definition of limited to,the City,the Fed- SECTION 13:AT&T Kansas 4 gross receipts,such services I eral Communications Com- has entered into this contract r shall be included from the mission(FCC)or the Kansas franchise ordinance as re- shall , i)))/ L� _ ��_.. date of the offering of such''' Corporation Commission quired by the City and K.S.A. l services in the city. (KCC),subject to AT&T Kan- 2006 Supp. 12-2001. If any / Notary Public "Local exchange service" sas' right to challenge in clause,sentence,section,or means local switched tale- good faith such requirements provision of K.S.A. 2006 NOTARY PUBLIC-State of Kansas communications service as established by the FCC, Supp. 12-2001, and amend- s within any local exchange KCC or other City Ordi- ments thereto, shall be held WENDY CHROBAK service area approved by the nance. AT&T Kansas shall to be invalid by a court of !!' My Appt.Exp. Z.Z. ` state corporation commis- sion,regardless of the medi- also comply with all applica- the City or AT&T Kansas um by which the local tele- ble laws, statutes and/or or- may elect to terminate the ordi- permit duplicate or multiple communications service is dinances, subject to AT&T.�!,entire contract franchise ordi- (Published In The Salina ninety (90) days before the P P P Kansas'right to challenge in., nance. In the event a court Journal June 29,2007) termination of the then cur- assessment of access line provided.The term local ex- rates on the provision of a change service shall not in- good faith such laws, slat- of competent jurisdiction in- ORDINANCE NUMBER rent term. The additional single service or on the mul- dude wireless communica- utes and/or ordinances. validates K.S.A:2006 Supp. • 07-10395 term shall be deemed a con- 9 SECTION 6: Nothing herein 12-2001, and amendments A CONTRACT FRAN- tinuation of this contract fran- derived communications paths tion services. contained shall be construed CHISE ORDINANCE chise ordinance and not as a derived from a billed and col- "Telecommunications lo- thereto, if AT&T Kansas is lected access line. Access cal exchange service pro- as giving AT&T Kansas any required by law to enter into GRANTED TO SOUTH- new contract franchise ordi- line shall not include the fol- eider" means a local ex- exclusive'.privileges, nor a contract franchise ordi- WESTERN BELL TELE- nance or amendment. Pur- shall it affect any prior or ex- nance with the City,the ar- PHONE,L.P.,A TELECOM- suant to K.S.A. 2006 Supp. lowing:Wireless telecommu- change carrier as defined in tY P PP nications services, the sale I subsection (h) of K.S.A. 66- fisting rights of AT&T Kansas ties agree to act in good faith MHNICATIONS LOCAL EX- 12-2001(b)(2) under no cir- or lease of unbundled loop 1,187, and amendments to maintain a telecommuni-I in promptly negotiating a CHANGE SERVICE PRO- 'tact franchise ces shall this con- facilities, special access thereto, and atelecommuni- cations system within the new contract franchise ordi- facilities,PROVIDING LOCAL tract fra ordinance ex- services,lines providing only cations carrier as defined in Ciry. nance. WITHIN GE SERVICE coed twenty(20)years from data services without voice subsection(m)of K.S.A. 66- SECTION 7: AT&T Kansas SECTION 14: In entering in- WITHIN THE CITY OF SALT- the effective date of the con- services process by a tale- 1,187, and amendments shall collect and remit com- to this contract franchise or- NA,KANSAS. tract franchise ordinance. pensation as.described in dinance, neither the City's BE IT ORDAINED BY Compensation for said con- communications local ex- thereto, which does, or in t P 'change service provider or good faith intends to,provide Section 3 on those access nor AT&T Kansas present or THE GOVERNING BODY tract franchise ordinance lines that have been resold future legal rights,positions, private line service arrange- local exchange service. The OF THE CITY OF SALINA, shall be established pur- ments. term telecommunications lo- to another telecommunica- gu- claims, assertions or argu- ments.suant to Section 3 of this or- "Access line count"means cal exchange service provid-'tions local exchange service ments before any administra- SECTION 1. Pursuant to dinance. the number of access lines er does not include an inter- provider. five agency or court of law K.S.A.2006 Supp. 12-2001, SECTION 2.For the purpose serving consumers within the exchange carrier that does SECTION 8: The Cit any way prejudiced a contract franchise ordi- of this contract franchise or- Y are in an wa re'udiced or corporate boundaries of the not provide local exchange agrees to provide AT&T Kan- waived. By entering into the nance is hereby granted to dinance,the following words sas with notification in the Southwestern Bell Tele- and phrases and their Jeri- city on the last day of each service, competitive access event that it annexes proper- contract franchise ordinance, phone L.P.d/b/a AT&T Kan- vations shall have the follow-l month. provider that does not pro- P P neither the City nor AT&T "Access line fee"means a vide local exchange service ty into the corporate bounds- Kansas waive any rights,but sas("AT&T Kansas), a tele- ing meaning: or any wireless telecommuni- ries of the City that would re- instead expressly reserve communications local ex- "Access line" shall mean fee determined by a city, up cations local exchange serv- quire AT&T Kansas to collect any and all rights, remedies, change service provider pro- ;and be limited to retail billed to a maximum as set out in and pay a franchise fee on and arguments the City or viding local exchange serv- 'and collected residential K.S.A. 2006 Su 12-2001 ice provider. 9 Y 9 9 s thereto, Telecommunications access lines or gross re- AT&T Kansas may have at ice within the City of Salina, lines; business lines; ISDN and amendments thereto,to services" means providing ceipts which prior to the an- law or equity, without limita- Kansas ("City"), subject to lines; PBX trunks and simu- be used by a telecommuni- nexation of the property tion,to argue,assert,and/or the provisions contained fated exchange access lines cations local exchange serv- the means of transmission, 9 P 9 g between or among points AT&T Kansas was not re- take any position as to the hereafter.The initial term of provided by a central office ice provider in calculating the quired to pay a franchise fee. legality'or appropriateness of this contract franchise ordi- based switching arrange- amount of access line remit- specified by the user, of in- The City agrees to provide nance shall be for a period of ment where all stations serv- lance. formation of the user's 9 P this contract franchise ordi- formation choosing, without change in AT&T Kansas with notifies- nance or any present or fu- two(2)years beginning July iced by such simulated ex- `Access line remittance" the form or content of the in- tion in the event the City re- ture laws,ordinances,and/or 1, 2007, and ending June change access lines are means the amount to be formation as sent and re numbers or renames any rulings which may be the ba- 30, 2009. Thereafter, this used by a single customer of paid by a telecommunica- ceived. streets that would require sis for the City and AT&T contract franchise ordinance the provider of such arrange- tions local exchange service SECTION 3. Compensation AT&T Kansas to collect and Kansas entering into this will automatically renew for ment. Access line may not provider to a city,the total of made pursuant to this con- pay a franchise fee on ac- contract franchise ordinance. additional one (1) year be construed to include inter- which is calculated by multi- cess lines or gross receipts SECTION 15: The parties terms,unless either party no- office transport or other plying the access line fee,as tract franchise ordinance P P rtY Po determined 9 shall be paid on a quarterly which prior to the renumber- agree that in the event of a tifies the other party of its in- transmission media that do determined in the city,by the basis without invoice or re- ing or renaming of the breach of this contract fran- tent to terminate the contract not terminate at an end user number of access lines I minder from the City and streets AT&T Kansas would chise ordinance by either franchise ordinance at least !customer's premises, or to served by that telecommuni- paid not later than forty-five not have been required to.party,the non breaching par- ty has the right to terminate the contract franchise ordi- nance immediately. Prior to terminating the contract fran- chise ordinance, the non breaching party shall first serve a written notice upon the breaching party, setting forth in detail the nature of the breach, and the breach- ing party shall have thirty (30)days thereafter in which to cure the breach. If at the end of such thirty (30) day period the non breaching party deems that the breach has not been cured,the non breaching party may take ac- tion to terminate this contract franchise ordinance. SECTION 16: This contract franchise ordinance is made under and in conformity with the laws of the State of Kan- sas. No such contract fran- chise ordinance shall be ef- fective until the ordinance granting the same has been adopted as provided by law. Introduced:June 18,2007 Passed:June 25,2007 Alan E.Jilka,Mayor (SEAL) ATTEST: APPROVED AS TO FORM: Greg Bengtson, City Attorney Lieu Ann Elsey, CMC,City Clerk (1t)