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84-8999 Franchise Telephone1 G C (Published in The Salina Journal F*,b 11 , 1984) AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY A FRANCHISE TO OPERATE ITS TELEPHONE BUSINESS IN THE CITY OF SALINA; DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF ITS LINES AND PROVIDING, FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF SALINA, KANSAS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Grant of authority. The Southwestern Bell Telephone Company, its successors and assigns (herein rererred to as "Telephone Company") is hereby granted the right and privilege to 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 used 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, and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes 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 the City the following basic rate of compensation: (1) . For the period January 1, 1984 to March 31, 1984, a sum computed at the rate of $0.12 per month per access line located within said City. Payment for this period will be made on or about April 1, 1984. (2). For the period April 1 1984 through sum computed at no less than a rate access line located within the City. period will be made on or about the beginning on or about May 1, 1984, 1984, through April 30, 1984, and on of each succeeding month for the mo the final monthly payment being due 1989. December 31, 1988, a of $0.65 per month per Payment for this 1 st day of each month for the period April 1 , or about the 1 st day nth immediately preceding, on or about January 1, The above basic rate shall be subject to adjustments in the event that the basic charge made by the Telephone Company for an access line located within the City is increased above the charge in effect on January 1, 1984. In the event the Telephone Company increases its basic access line charge to its customers within the City, then the sum paid to the City hereunder shall be increased at the same percentage as the increase within the City. 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. The Telephone Company shall have the privilege of crediting such sums payable hereunder with any unpaid balance due said Company for telephone service rendered or facilities furnished to said City. Section 4. Compliance with applicable laws and ordinances. The Telephone Company shall, at all times during the life of this franchise, 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, operation 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. Section 7. Relocation. In event that at any time during the period of this franchise the City shall lawfully elect to alter, or change the grade of, any street, alley or other public 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 of 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. Nothing 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 a prerequisite to such attachments. Section 11. Non-exclusive franchise. 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. Section 12. Publication costs. The Telephone Company shall assume the cost of publication of this franchise as such publication is required by law. A bill for publication costs shall be presented to the Telephone Company by the City Treasurer upon the Telephone Company's filing of acceptance and shall be paid at the time. Section 13. Repeal of existing franchise. 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. Introduced: January 16, 1984 (SEAL) ATTEST: 1 Lu -.o ✓ Harrison, City Clerk Second Reading: January 23, 1984 Third Reading: February 6, 1984 vu,�,r GJo n urge s, ayor