88-9278 Telephone Franchise(Published in The Salina Journal September3,� 1988)
ORDINANCE NUMBER 88-9278
AN ORDINANCE REGARDING SOUTHWESTERN BELL TELEPHONE
COMPANY'S OPERATION OF ITS TELEPHONE BUSINESS IN THE CITY OF
SALINA; DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF ITS
LINES AND PROVIDING FOR A MONTHLY PAYMENT TO BE MADE TO THE CITY
OF SALINA, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Grant of authoritv.
The Southwestern Bell Telephone Company, its successors and assigns
"Telephone Company") may continue to operate its
telephone system
and all business incidental to or connected with the
conducting
of a telephone
business and
system in the City of Salina, State
of Kansas
(herein referred
to as "City")
. The plant construction and appurtenances uses
in or incident to the giving
of telephone service and to the maintenance
of a
telephone business and system
by the Telephone Company in said
City shall
remain as now
constructed,
subject to such changes as may be
considered
necessary by the City in the exercise of its inherent powers and by the
Telephone Company in the conduct of its business, and said Telephone Company
shall continue to exercise its right to place, remove, construct, reconstruct,
extend and maintain its said plant and appurtenances as the business and
purpose for which it is or may be incorporated from time to time require, along,
across, on, over, through, above and under all the public streets, avenues,
alleys, bridges, and the public grounds and places within the limits of said City
as the same from time to time may be established.
Section 2. Payments to city.
The Telephone Company shall pay to the City the following basic rate
of compensation:
(1) For the period January 1, 1989 through December 31,
1990, a sum computed at the rate of $0.68 per month
per access line located within the City. Payment for
this period will be made on or about the 1st day of
each month beginning on or about February 1, 1989 and
on or about the 1st day of each succeeding month for
the month immediately preceding,
payment being due on or about January 1, 1991.
(2) For the period January 1, 1991 through December 31,
1992, a sum computed at the rate of $0.71 per month
per access line located within said City. Payment for
this period will be made on or about the 1st day of
on or about the 1st day of each succeeding month for
the month immediately preceding, the final monthly
payment being due on or about January 1, 1999.
each month beginning on or about February 1, 1991 and
on or about the 1st day of each succeeding month for
the month immediately preceding, the final monthly
payment being due on or about January 1, 1993.
(3) For the period January 1, 1993 through December 31,
1994, a sum computed at the rate of $0.74 per month
per access line located within the City. Payment for
this period will be made on or about the 1st day of
each month beginning on or about February 1, 1993 and
on or about the 1st day of each succeeding month for
the month immediately preceding, the final monthly
payment being due on or about January 1, 1995.
(4) For the period January 1, 1995 through December 31,
1996, a sum computed at the rate of $0.77 per month
per access line located within the City. Payment for
this period will be made on or about the 1st day of
each month beginning on or about February 1, 1995 and
on or about the 1st day of each succeeding month for
the month immediately preceding, the final monthly
payment being due on or about January 1, 1997.
(5) For the period January 1, 1997 through December 31,
1998, a sum computed at the rate of $0.80 per month
per access line located within the City. Payment for
this period will be made on or about the 1st day of
each month beginning on or about February 1, 1997 and
on or about the 1st day of each succeeding month for
the month immediately preceding, the final monthly
payment being due on or about January 1, 1999.
employees.
Four months prior to the expiration of this agreement the Telephone
Company shall notify the City of the pending expiration of the current
agreement. This agreement may also be terminated forthwith by the Telephone
Company if authority to collect the amount of such payments or part of such
payments from its customers within the City shall be removed, cancelled or
withheld by legislative, judicial or regulatory act.
Section 3. Access lines.
The number of access lines upon which the payment specified in
Section 2 shall be determined shall be the number of access lines in service
determined by a count made on January 1st and July 1st of each year. The
payments herein provided shall be in lieu of all other licenses, charges, fees or
impositions (other than the usual general or special ad valorem taxes) which
might be imposed by the City under authority conferred by law.
Section 4. Compliance with applicable laws and ordinances.
The Telephone Company shall, at all times during the life of this
ordinance, be subject to all lawful exercise of the police power by the City, and
to such reasonable regulation as the City shall hereafter by resolution or
ordinance provide.
Section 5. Telephone company liability; indemnification.
It is expressly understood and agreed by and between the Telephone
Company and the City that the Telephone Company shall save the City harmless
from all loss sustained by the City on account of any suit, judgment, execution,
claim or demand whatsoever, resulting from negligence on the part of the
Telephone Company in the construction, operations or maintenance of its
telephone system in the City. The City shall notify the Telephone Company's
representative in the City within twenty (20) days after the presentation of any
claim or demand, either by suit or otherwise, made against the City on account
of any negligence as aforesaid on the part of the Telephone Company.
Section 6. City liability; indemnification.
The City shall indemnify and defend the Telephone Company, its
officers, agents or employees, against any and all liabilities for injury to or
death of any person, or any damage to any property caused by the negligent or
intentional act of the City, its boards, commissions, officers, agents and
employees.
In the event that at any time during the period of this ordinance the
City shall lawfully elect (a) to alter, or change the grade of, any street, alley
or other public way, or (b) install, maintain or alter water, sanitary sewer, or
storm sewer lines in public easements or rights-of-way, the Telephone Company,
upon reasonable notice by the City, shall remove, relay, and relocate its poles,
wires, cables, underground conduits, manholes and other telephone fixtures at
its own expense.
Section 8. Temporary removal of wires.
The Telephone Company on the request of any applicant shall remove
or raise or lower its wires temporarily to permit the moving of houses or other
structures. The expense of such temporary removal, raising or lowering of
wires shall be paid by the party or parties requesting the same, and the
Telephone Company may require such payment in advance. The Telephone
Company shall be given not less than fifteen (15) days written notice from the
applicant detailing the time and location of the moving operations, and not less
than twenty-four (24) hours advance notice from the applicant advising of the
actual operation.
Section 9. Tree trimming.
Permission is hereby granted to the Telephone Company to trim trees
upon and overhanging streets, alleys, sidewalks and public places of said City
so as to prevent the branches of such trees from coming in contact with the
wires and cables of the Telephone Company, all the said trimming to be done
under the supervision and direction of any City official to whom said duties have
been or may be delegated.
Section 10. Use of poles.
Noting in this ordinance shall be construed to require or permit any
telephone, electric light, or power wire attachments by either the City or the
Telephone Company on the poles of the other. If such attachments are desired
by the City or the Telephone Company, then a separate non -contingent
agreement shall be prerequisite to such attachments.
Section 11. Non-exclusive.
Nothing herein contained shall be construed as giving to the Telephone
Company any exclusive privileges, nor shall it affect any prior or existing rights
of the Telephone Company to maintain a telephone system within the City.
hnGov Printing — Salina, Kansas
Section 12_ Puhlicatinn cnctc_
The Telephone Company shall assume the cost of publication of this
ordinance as such publication is required by law. A bill for publication costs
shall be presented to the Telephone Company by the City Clerk upon the
Telephone Company's filing of acceptance and shall be paid at the time.
Section 13. Repeal of existing ordinance.
All other ordinances and agreements and parts of ordinances and
agreements relating to the operation of a telephone system within said City are
hereby repealed.
Section 14. Approval by Telephone Company.
The said Telephone Company shall have sixty (60) days from and after
its passage and approval to file its written acceptance of this ordinance with the
City Clerk, and upon such acceptance being filed, this ordinance shall be
considered as taking effect and being in force from and after the date of its
passage and approval by the Mayor.
robert K. Biles, ity erk
1
I ntroduced : September 12,
Second Reading: September 19,
Third Reading September 26,
S dneyrSoderberg, ayor
i