ORDINANCE NO. 683

AN ORDINANCE DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF THE LINES OF THE SOUTHWESTERN BELL TELEPHONE COMPANY AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF DE SOTO, KANSAS.

Section 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as telephone company) shall 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 De Soto, 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 the 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 the telephone company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its 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, above and under all the public streets, avenues, alleys, bridges and the public grounds and places within the limits of the city as the same from time to time may be established.

Section 2. The telephone company shall pay the city on January 15, 1988, for the period July 1, 1987 through June 30, 1988, three percent of the class of service revenues received by the company for local exchange telephone services rendered wholly within the corporate limits of the city, during the corresponding 12 month period of the prior year.

Further, the telephone company shall pay the city annually thereafter on the 15th day of January, three percent of the class of service revenues received by the telephone company for local exchange telephone services rendered wholly within the corporate limits of the city, during the corresponding 12 month period of the prior year.

The provisions hereof shall be extended to successive five year terms unless prior to four months before the expiration of the initial term or of the successive terms ending on each five year anniversary written notice is given by one party to the other of its intention to terminate the same at the expiration of the then current five year term; it being expressly understood that each five year term provides for five annual payments.

This agreement may also be terminated forthwith by the telephone company if authority to collect the amounts of such payments or part of such payments from its customers within the city shall be removed, canceled or withheld by legislative, judicial or regulatory act.

It is understood that all such payments exclude any and all carrier and end user access charges.

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 the company for telephone service rendered or facilities furnished to the city.

Section 3. 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 15 days written notice from the applicant detailing the time and location of the moving operations, and not less than 24 hours advance notice from the applicant advising of the actual operation.

Section 4. Permission is hereby granted to the telephone company to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the 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 trimming to be done under the supervision and direction of any city official to whom the duties have been or may be delegated.

Section 5. 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 6. 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.

(4-23-87)