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 STOCKTON, KANSAS.
Be it ordained by the Governing Body of the City of Stockton ‘of the State of Kansas that:
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 Stockton, 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 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 That for the period August 1, 1989 to December 1, 1989. inclusive, the Telephone Company shall pay the City on March 1, 1990, a sum equal to three and one-half percent (3 1/2%) of the gross revenues for local exchange telecommunications service, excluding access charges, rendered wholly within the corporate limits of the City of Stockton during the period and semi-annually, sixty days after the end of the six-month period to which said payment shall apply, a like sum based upon three and one-half percent (3 1/2%) of the gross revenues derived from local exchange telecommunications service during the six (6) months period for which such payment is made, being a term of five (5) years ending June 30, 1994. The Telephone Company shall four (4) months before the expiration date give written notice to the City of the expiration of this ordinance. It is expressly understood that the five (5) year term provides for ten semi-annual payments; payments are 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. This agreement may also be terminated forthwith by the Telephone Company if authority to collect the amounts of such payments from its customers within the City shall be removed, cancelled, or withheld by legislative, judicial or regulatory act.
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 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 4 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 5. Nothing in this ordinance should 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 The Telephone Company shall promptly remove, relocate, or adjust any facilities located in public right-of-way if reasonably necessary and directed by the City for a public project. Such removal, relocation, or adjustment for a particular public project shall be performed by the Telephone Company once at its sole expense without expense to the City, its employees agents, or authorized contractors.
SECTION 7 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 8 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.
(7-5-1989)