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4997 Construct Telecommunication Lines�I 1 ORDINANCE N0. X4997 (Published in the Salina Journal 1941) AN ORDINANCE defining the manner and place of construction of the lines of the Io j� Southwestern Bell Telephone Co.!pany and prescribing the terms and condi- tions under which said lines shall be constructed, reconstructed and 1 maintained, and providing for compensation to be paid the City of Salina, Kansas, by the Southwestern Bell Telephone Company. I j BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "Telephone Company") shall for the period of time 1 i and subject to the provisions and requirements herein set forth, continue to s operate its telephone system in the City of Salina, State of Kansas (herein re- ferred to as "City"'. The plant, construction and appurtenances used in or in cident to the giving of telephone service and to the maintenance of a telephone i 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 con- duct 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 may from time to time require, along, across, on, over, through, i i above and under all the public streets, avenues, alleys, bridges, and public grounds and places within the limits of said city as the same from time to time may be established, subject to such regulations, limitations and conditions as the city may prescribe by ordinance as or may be set forth herein. Section 2. That said telephone plant shall be constructed, maintained and built in such a manner as not to discommode or injure the traveling public, or other persons, or property, and shall be constructed, reconstructed, operated and maintained in such a manner as to comply with the rules and regulations pre- scribed by the governing body of the city or by the Corporation Commission of the State of Kansas insofar as such commission has jurisdiction. Section 3. In the event the surface of any street, alley, highway or public place is disturbed by the Telephone Company in building, constructing, i renewing or maintaining its telephone plant and system, the Telephone Company shall restore said streets, alleys, highways or public places to their original condition in a reasonable time after the completion of the work, and upon the i acceptance of said work to the satisfaction of the proper city officials the maintenance of said streets shall become the cuty of the city. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work, and the Telephone Company shall and it does agree i I to protect and save harmless the city from all damages or clairms for damages or liability arising out of the performance of any such work or the negligence or I jclaimed negligence of the Telephone Company or its agents, servants, or employees. Section 4. The Telephone Company shall maintain its system in reasonable operating condition at all normal times during the continuance of this ordinance. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, impaired, or prevented by fires, strikes, riots or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things reasonably within its power to do, to restore normal service. Section 5. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures, provided such house or structure in being moved in compliance with all ordinances and regulations relating to moving of houses or structures in such city and a permit for such moving has been issued by the city. 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 forty-eight hours advance notice to arrange for such temporary wire changes. Section 6. The right, license, privilege and permission is hereby granted to the Telephone Company to trim trees upon and overhanging the streets, alleys, side- walks and public places of the said city, so as to prevent the branches of such trees from coming in contact with the wires and/or cables of the Telephone Company, all of such trimming to be done subject to all of the provisions of law or ordinances relating to trees and under the supervision and direction of the governing body of said city, or of any city official to whom said duties have been or may be delegated. Section 7. Nothing in this ordinance contained shall be construed to require or permit any electric light or power wire attachments by the city or for the city. If light and/or power attachments are desired by the city or for the city, then a further separate noncontingent agreement shall be a prerequisite to such attachments. Nothing herein contained shall obligate or restrict the Telephone Company in exercising its right to voluntarily enter into pole attachment, pole usage, joint ownership, and other wire space and facilities agreements with light and power companies and witia other wire using companies which may be privileged to operate within the city. Section 8. In consideration of the execution of this ordinance the Telephone Company shall pay to the city the sun of Fifteen Hundred and No/100 (41500.00) Dollars on/or before fifteen days after the date this ordinance takes effect, and a like sum on the first day of January annually thereafter for a term of five years from and after January 1, 1941, and for successive periods of like duration, unless terminated within the time and in the manner provided in Section 10 of this ordinance; said payments to be in lieu of all other licenses, charges, or fees of any kind which might be imposed by the city under authority conferred by law, other than the usual general or special ad valorem taxes and any special taxes or assessments duly levied for special improve- ments or other liabilities imposed or which may accrue under the terms of this ordinance. 1 L 1 Section 9. In addition to the consideration set forth in Section 8, the Telephone Company shall hold itself ready to furnish, subject to the use of the said city, such wire speace as may be required from time to time by said city upon the boles now owned or hereafter erected by the Telephone Company in the city for the use of the city police and fire alarm system; provided that the re- quired wire space shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire space shall be de- termined on specific applications for space, at the time the applications are re- ceived from the city, and will be allotted in accordaned with the considerations for electrical construction of the United States Department of Commerce, bureau of Standards. In its wire construction on the Telephone Co.pany poles, the city will follow the suggestions and requirements laid down for wire construction in I the Rules and Regulations of the Bureau of Standards of the united States Depart- ment of Commerce, and such wires shall further be constructed, maintained and operated in such manner as not to interfere with nor create undue hazard in the t operation of the telephone system of the Telephone company. Section 10. The rights, licenses, -privileges and permissions granted to and contracted for by the Telephone Company herein, shall be for a full term and period of five years from and after January 1, 1941, provided. that at the expira- tion of the initial and each successive period, such term shall be ended and automatically renewed forthwith for successive periods of like duration, but conditioned, however, that if during the last four (4) months of the initial or of any successive period, not lessthan sixty (60) days prior written notice shall be given either to the Telephone Company by the city or to the city by the Telephone i Co.-pany, setting forth the desire of the giver of said notice to terminate t"11s agreement, then in such case the rights of the Telephone Uompany and the city i shall at the expiration of the then current period remain the: same as prior to the execution of this instrument, and this ordinance, or the acceptance thereof, shall at no time constitute a waiver by the Telephone Company of any rights pre- viously conferred by or obtained from any source other than the city. Section 11. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges. r Section 12. The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. Section 13. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such in- validity shall not affect the validity of the remaining portions of this ordinance. All ordinances and agreements and parts of ordinances and agreements in conflict i i herewith are hereby repealed. Section 14. That this ordinance shall take effect and be in full force from and after its passage and adoption and Dublication in the official city paper and after its written acceptance by the Southwestern Bell Telephone Company, which written acceptance -shall be filed with the City Clerk within fifteen days from the date this ordinance is adopted. Introduced, April 21, 1941 Passed and adopted by the Governing Body of the City of Salina, Kansas this 28th day of April, 1941 -Ed Morgenstern Attest: Chas. E. Banker Mayor City Clerk STATE OF KANSAS ) SS COUNTY OF SALINE I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4997 passed and approved by the Board of Commissioners of the City of Salina April 28, 1941; and a record of the vote on its final adoption is found on page Journal No. 15. City Clerk 1 C ACCEPTANCE V,`H REAS, the governing body of the City of Salina, Kansas, did on the 28th day of April, 1941, adopt and pass an ordinance entitled.; I " AN ORDINANCE DEFI11ING TIS J:AN IER A ;TD PLACE OF GU ',STRUCTIOTi OF T' E LIKES OF THE SOUTHVI ESTERN BELL TELEPHONE CU-PANY AND NRESCRIisI�dG THE TERPiS AivD CU,DITIOfvS I1ivllER t'vHICH SAID LINES SHALL BE CO?,STR1iCTED, RchCONSTRIJCTED } Ai,113 liAIXTAI Ti D, A_-dD PROVIDED FOR COi;.PE ,6ATIOA, TO BE PAID T.1; CITY OF SALIlVA, KANSAS, BY TiiE SOUTHri ESTERN BELL TELE?1-iOi�E CU,.PANY", and - i VvHEREAS, said ordinance was duly signed by the %Mayor of said City of j Salina, Kansas, and the seal of said City affixed and attested thereto by the City Clerk of the said City, and said ordinance tiaras duly published according to law in the Salina Journal, and I � i'siEREAS, said ordinance further provided that it should be in full force and effect after its adoption and publication and its acceptance by the Southwestern Bell. Telephone Cosapany, OV'', T-4EREFORE, in cam -,,Mance with the terms of said ordinance en enacted and so approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and files this its written acceptance v,ith the City Clerk of said City in his said office. i Dated this 12th day of Ilay, 1941. i SOUTHwdESTERN BELL TELEPHONE Cuic;PANY � i BY A. C. Stannard President � t ATTEST: H. D. McBride l _ —'— Secretary i I Acceptance filed in the office of the City Clerk of the City of i Salina, Kansas, this 12th day of Yay, 1941. Chas. E. Banker j City Clerk (Published in the Salina Journal 1941) l / ORDINANCE N0, 4997 AN ORDINANCE defining the manner and place of construction of the lines of the Southwestern Bell Telephone Company and prescribing the terms and conditions under which said lines shall be constructed, reconstructed and maintained, and providing for compensation to be paid the City of Salina, Kansas, by the Southwestern Bell Telephone Company, Bre IT ORDAII+IED by the Board of Commissioners of the City of Salina, Kansas: Section 1. The Southwestern Bell Tele, -)hone Company, its successors and assigns (herein referred to as "Teleahone Company") shall for the period of time and subject to the provisions and requirements herein set forth, continue to operate its telephone system in the City of Salina, State of Kansas (herein re- ferred to as "City"). The plant, construction and appurtenances used in or in- cident 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 con- duct of its business, and said Telephone Company shallcontinue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and urposes for which it is or may be incorporated may from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, bridges, and public grounds and places within the limits of said city as the same from time to time may be established, subject to such regulations, limitations and conditions as the city may prescribe by ordinance as or may be set forth herein. Section 2. That said telephone plant shall be constructed, maintained and built in such a manner as not to discommode or injure the traveling public, or other persons, or property, and shall be constructed, reconstructed, operated and maintained in such a manner as to comply with the rules and regulations pre- scribed by the t-overning body of the city or by the Corporation Commission of the State of Kansas insofar as such commission has jurisdiction. Section 3. In the event the surface of any street, alley, highway or public place is disturbed by the Telephone Company in building, constructing, renewing or maintaining its telep#one plant and system, the Telephone Company shall restore said streets, alleys, highways or public places to their original condition in a reasonable time after the completion of the work, and upon the acdeptance of said work to the satisfaction of the proper city officials the maintenance of said streets shall become the duty of the city. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work, and the Telephone Company shall and it does agree to protect and save harmless the city from all damages or claims for damages or liability arising out of the performance of any such work or the negligence or claimed negligence of the Telephone Co:.pany or its agents, servants, or employees. Section 4. The Telephone Company shall maintain its system in reasonable operating condition at all normal times during the continuance of this ordinance. An exception to this condition is automatically in effect then service furnished by the Telephone Company is interrupted, impaired, or prevented by fires, strikes, riots or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things reasonably within its power to do, to restore normal service. Section 5. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures, provided such house or structure in being moved in compliance with all ordinances and regulations relating to moving of houses or structures in such city and a permit for such moving has been issued by the city. The ex- pense 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 forty-eight hours advance notice to arrange for such temporary wire changes. Section 6. The right, license, privilege and permission is hereby granted to the Telephone Company to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the said city, so as to prevent the branches of such trees from coming in contact with the wires and/or cables of the Telephone Company, all of such trimming to be done subject to all of the provisions of law or ordinances relating to trees and under the supervision and direction of the governing body of said city, or of any city official to whom said duties have been or may be delegated. Section 7. Nothing in this ordinance contained shall be construed to re- quire or permit any electric light or power wire attachments by the city of for the city. If light and/or power attachments are desired by the city or for the city, then a further separate noncoatingent agreement shall be a prerequisite to such attachments. Nothing herein contained shall obligate or restrict the Telephone Con,,pany in exercising its right to voluntarily enter into pole attachment, pole usage, joint ownership, and other xire space and facilities agreements with light and power companies and with other wire using companies which may be privileged to operate within the city. Section 8. In consideration of the execution of this ordinance the Tel Company shall pay to the city the sum of Fifteen Hundred and No/100 (�p},SfIQ.00) Dollars on/or before fifteen days after the date this ordinan�kes effect, and a like sum on the first day of January annually r. er for a term of five years from and after January 1, 1941, and for sic sive periods of like duration, unless terminated within the ime and in v nner provided in Section 10 of this ordinance; said payments to be i li f all ther licenses, charges, or fees of any kind which might be im ed by the city under authority conferred by law, other than the usug--t-eneral or special ad valorem taxes and any special taxes or assessments levied for special improvements or other liabilities imposed or which may accrue under the terms of this ordinance. Section 9. In addition to the consideration set forth in Section 8, the Telephone Company shall hold itself ready to furnish, subject to the use of the said city, such wire space as may be required from time to time by said city upon the poles now owned or hereafter erected by the Telephone Co;ipany in the city for the use of the city police and fire alarm system; provided that the required wire space shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire space shall be determined on specific applications for space, at the time the applications are received from the city, and will be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce, :Bureau of Standards. In its wire construction on the Telephone Company poles, the city will follow the suggestions and requirements laid down for wire construction in the Rules and Regulations of the Bureau of Standards of the United States Department of Com- merce, and such wires shallfurther be constructed, maintained and operated in such manner as not to interfere with nor create undue hazard in the operation of the telephone system of the Telephone Company. tion 10. The rights, licenses, privileges and permissions granted to and contral6ked for by the Telephone Co.pany herein, shall be for a full term and period of fi`�"ears from and after January 1, 1941, provided that at the expiration of the init'SQ, and each successive period, such term shall be ended and automatically renewed fo 'th for successive periods of like duration, but conditioned, however, that if du Ie last four (4) months of the initial or of any successive period, not less than 'Ay (60) days prior written notice shall be given either to the Telephone Company by th 'ty or to the city by the Telephone Company, setting forth the desire of the giver of sa notice to terminate this agreement, then in such case the rights of the Telephone any and the city shall at the expiration of the then current period remain the s as prior to the execution of this instrument, and this ordinance, or the acceptane thereof, shall at no time constitute a waiver by the Telephone Company of any rights viously conferred by or obtained from any source other than the city. Section 11. Nothing herein contained shall be construed as giving to the Telephone Co:;.pany any exclusive privileges. Section 12. The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. Section 13. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance. All ordinances and agreements and parts of ordinances and agreements in conflict here- with are hereby repealed. Section 14. That this ordinance shall take effect and be in full force from and after its passage and adoption and ,ublication in the official city paper and after its written acceptance by the Southwestern Bell Telephone Company, which written acceptance shall be filed with the City Clerk within fifteen days from the date this ordinance is adopted. Introduced April 21, 1941 Passed and adopted by the Governing Body of the City of Salina, Kansas this 28th day of April, 1941 Mayor Attest: City Clerk t ACCE'TANCE WHEREAS, the governing body of the City of Salina, Kansas, did on the 28th day of April, 1941, adopt and pass an ordinance en- titled: "AN ;ORDINANCE DN:FItdING THE 14ANNER. AND PLAC7 OF CO'?STRUCTION OF' THE LIYES OF THE 3OUTH1v'ESTERN BELL TELEPHONE COlk,!PANY AND PRESCRII3- ING THE TERMS AND CONDITIONS UNDER `,°:HIGH SAID LINES SHALL 3E CON- STRUCTED, RECONSTRUCTED AND MAINTAINED, AND PROVIDING FOR COMPENSA- TION TO BE PAID THE CITY OF SALINA, KANSAS, BY THE SOUTHWESTERN BELL TELEPHONE COMPANY,,"and t'.,HEREAS, said ordinance was duly signed by the Mayor of said City of Salina, Kansas, and the seal of said City affixed and attested thereto by the City Clerk of the said City, and said ordi- nance was duly published according to law in the Salina Journal, and '1dHEREAS, said ordinance further provided that it should be in full force and effect after its adoption and publication and its acceptance by the Southwestern Bell Telephone Company, N011ti1, THEREFORE, in compliance with the terms of said ordi- nance so enacted and so approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and files this its written acceptance with the City Clerk of said City in his said of- fice. Dated this 12th day of May 1941. , SOUTHWESTERN' BELL TELEPHONE COMPA`'Y By - President ATTEST: Secretary i Acceptance filed in the office of the City Clerk of the City of Salina, Kansas, this ✓ day of -i941. City Clerk