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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