An ordinance authorizing and embodying a contract whereby the City of Kiowa, Kansas, and the South Central Telephone Association, Inc., a Kansas corporation, agree that the Telephone Company shall operate its telephone system in said City and erect and maintain its plant construction and appurtenances along, across, on, over, through, above, and under all public street avenues, alleys, bridges, public grounds and places in said City, subject to the powers of regulations in regard thereto providing that the City shall receive a quarterly payment from the Telephone Company, providing the terms and conditions of such contract and providing its acceptance.
Be it ordained by the City Council of Kiowa of the State of Kansas that:
Section 1. The South Central Telephone Association, Inc. its successors and assigns (hereinafter referred to as “Telephone Company”) shall operate its telephone system in the City of Kiowa, Ks. 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 of regulation and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its rights to place, remove, construct, and reconstruct, extend and maintain its said plant and appurtenances as the business and purpose for which it is or may be incorporated may from time to time require along, across, on, over, through, above and under all 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 always to said powers of regulations and control inherent in said City. This Ordinance shall terminate as to all provisions herein at the expiration of five (5) years from the effective date of January l, 2005. Unless contested by either party, this contract shall run year to year after the initial five years.
Section 2. The Telephone Company shall pay the City quarterly for the rights herein conferred a sum of $1.05 per month for each access line served by Telephone Company from its subscribers in the City of Kiowa. This does not include charges for special services, Internet services, DSL, CATV or long distance calls. The Telephone Company shall make and report to the governing body of the City all such gross receipts once every three (3) months and pay to the City the amount due City at the time said report is made. The first report and payment is to be made on the 15th day of April, 2005. Thereafter, subsequent payments will be made in three (3) month increments. Said payment is to 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 3. In the event the Telephone Company, in the exercise of its rights herein contained, finds it necessary to damage the public streets, avenues, alleys, bridges, and/or public grounds of the City, the Telephone Company shall restore said streets, avenues, alleys, bridges, and/or public grounds to their original condition, or pay the City sufficient sums to have said streets, avenues, alleys, bridges, and/or public grounds so restored.
Section 4. The Telephone Company, on the request of any person, shall remove, 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 requiring the same, and the Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire change. Provided, however, that the charge therefor shall be reasonable and customary under all circumstances.
Section 5. 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, subject to proper supervision of any designated city official.
Section 6. Nothing in this ordinance contained shall be construed to require or permit any telephone connections or services by the City or for the City. If such connections and/or services are desired by the City, then a separate agreement shall be prerequisite to the same.
Section 7. Nothing herein contained shall be construed as giving to the Telephone Company an exclusive privilege, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within said City.
Section 8. All previous franchise ordinances and agreements and parts of ordinances and agreements relating to the operation of or right to operate telephone systems within said City are hereby repealed. The Telephone Company agrees to abide with all other rules and regulations and ordinances of the City so long as they do not conflict directly with this franchise ordinance.
Section 9. 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, subject, however, to the provision of K.S.A. 12-2001.
(12-6-2004)