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Home My Public Portal AboutOrd 003 Franchise Bell Telephone ~~----"'------"--"'- _.,._--~._.,....,--"._--_._--~- Ordinance No. 3 AN ORDINANCE DEFINING TIffi MANNER M~D PLACE OF CONSTRUCTION OF THE LINES OF THE SOUTHWESTERN BELL TELEPHONE COMPANY AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY m' BEL-ABE, KANSAS. Be it ordained by the GoverninR Body of the City of Bel-Aire 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 tele- phone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Bel-Aire, 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 pu~~oses for which it is or may be incorporated 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 said City as the same from time to time may be established. SECTION 2. That for the period June I, 1981 to May 31, 1982, inclusive, the the Telephone Company shall pay the City on August I, 1981, a sum equal to three percent of the Class of Service revenues for local exchange telephone communication service rendered wholly within the corporate limits of the City of Bel-Aire during the twelve (12) months period immediately preceding June I, 1981 and annually, sixty days after the end of the period to which said payment shall apply, a like sum based upon three percent of the Class of Service revenues derived fro~ local exchange telephone communication service during the twelve (12) months immediately preceding the first day of June of the year for which such payment is made, being a term of ~ years ending May 31, 1986 and for successive terms of like duration, unless within four (4) months prior to the expiration of the initial term or of the successive terms ending on each fifth year anniversary, written notice is given one party to the other of its intention to terminate the same at the expira- tion of the then current five year term; it being expressly understood that each five year term provides f~ne annual payment; said payments 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 or regula- tory act. The Telephone Company shall also have the privilege of crediting such Bums with any unpaid balance due said Company for telephone service rendered or facilities furnished to said 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 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 super- vision and direction of any City official to whom said 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. SECTION 7. All other ordinances and agreements and parts of ordinances and agree- ments relating to the operation of a telephone system within said City are hereby repealed. SECTION 8. 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. Approved this /<-/ /7 day of I \. 1.{' / c..( / ,19 f;/ . ATTEST: // "1 I -;} h /" ;/ /. (.~_/c,(.<--c ':-;--;lC,<,,/C.o. ~ City Clerk :); / I t"'--" (/ (// (~( ./ ..r" '/'~" '.~ ,,~- ) Mayor -/ L~<'-"~ .,,',(,-~ /' ? ~ : ACCEPTANCE. ORDINANCE NO. 3 WHEREAS, thegoverni'n'g ibo.dy of the city of Bel-Aire Kans'as, did" on the 14th day of April,' c., 19~, adopt and :~.ass an 'ordinance entitled: !IAN ORDINANCE DEFIRING THE MANNER AND OF THE LINES OF THE SOUTHWESTERN BELL TE'lEPHONE FOR AN ANNUAL PAYMENT .TO BE MA.DE ,TOT$ CITY OF KANSAS ,.n . PLACE OF CONSTRUCTION COMPANY AND PROVIDING BEL-AlRE and 'WHEREAS, said ordinance was duly s.ignec; by the ." Mayor of. said city of Bel-Aire,] , J<.q.nsas,anq the s~al. of said City. 'affixed and .a,ttested'thereto by the City Cle.rk of the said City; and said ordinance was duly pub lished according to law in The Daily ~ Reporter: , , and , WHEREAS, said ordinance further provid~d th~t it"should be in full force and effect after its adoption and publication and its accep~ance by t~.e Southr;es'te~tf Bell Telephone Company; NOW, THEREFORE, in comp'Uanc~ w~th the, terms. of said ordinance so enacted and so apprdve~ and attest~d* the:~outhwestern Bell Tel~phone Company hereby accepts i.aid dtdinanc~;and files ,this its written acceptance with the City Clerk qf said City in his said office. Dated this !~ 7;/... day of ~~ ;, ,~: , . 19 81 SQt[THWESTERN BELt TELEPHONE COMPAtfl By.. ~ ... . ;, , ~ ~ccePtartce., filed in the offic~of the City Clerk of c!:::)el - Hlf'z-c..., '. , Kansas, this~~-day of /0-1~ 19 a I .~d.c?~ City Clerk W. F. Ottman Manager May 20, 1981 Correction to Bel-Aire Ordinance No.3. --.,-~"..~..~.~-_._~-_._~- Southwestern Bell 301 North Topeka WIchita, Kansas 67202 Phone (316) 268-2803 , t ~ .' Section 2 of Ordinance No. 3 contains one incorrect statement. . The statement "it being expressly understood that each five year term provides for one armual payment," should read, "it being expressly understood that each five year term provides for five annual pa;yments." tlz.-U.<' e4U~ I I Bel-Aire Manager @~ ~. ,. t: Ii . - Southwestern Bell l ~ '" ., . ~ ~i , ., t. .