4997 Construct Telecommunication Lines�I
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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.
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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
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and subject to the provisions and requirements herein set forth, continue to
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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
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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,
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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,
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.;
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" 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 -
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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
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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.
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Dated this 12th day of Ilay, 1941.
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SOUTHwdESTERN BELL TELEPHONE Cuic;PANY �
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BY A. C. Stannard
President �
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ATTEST:
H. D. McBride
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—'— Secretary
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Acceptance filed in the office of the City Clerk of the City of
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Salina, Kansas, this 12th day of Yay, 1941.
Chas. E. Banker
j City Clerk
(Published in the Salina Journal 1941)
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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
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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
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President
ATTEST:
Secretary
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Acceptance filed in
the office
of the City Clerk of the
City of
Salina, Kansas, this
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day of -i941.
City Clerk