AN ORDINANCE GRANTING TO THE UNITED TELEPHONE COMPANY OF KANSAS A FRANCHISE TO USE THE STREETS, AVENUES, BOULEVARDS, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY OF BALDWIN CITY, COUNTY OF DOUGLAS, STATE OF KANSAS, TO CONDUCT THE BUSINESS OF CONSTRUCTING, INSTALLING, MAINTAINING, MANAGING AND OPERATING A TELEPHONE SYSTEM WITH ALL NECESSARY POLES, WIRES, CABLES, FIXTURES AND APPARATUS, AND PROVIDING FOR SEMI-ANNUAL PAYMENTS TO BE MADE TO THE CITY OF BALDWIN CITY, KANSAS.

Section 1. The United Telephone Company of Kansas (herein referred to as Telephone Company or Grantee), a corporation organized under the laws of the State of Kansas, with a license to do business in the State of Kansas, and its successors and assigns, are hereby granted the right, in operating a telephone system, to construct, install, maintain and repair all the necessary poles, wires, cables, pole and wire fixtures, telephone plant, and telephone apparatus of whatsoever nature for the purpose of conducting such business; to erect, maintain and repair such telephone poles and string the same with wire and cable along the streets, avenues, boulevards, alleys and other public places of said City of Baldwin City; and to construct, lay, maintain and repair such conduits and Grantee, its successors and assigns, may require, under the streets, avenues, boulevards, alleys and other public places aforesaid, for the purpose of such business under the following terms and restrictions hereinafter set forth.

Section 2. This grant shall be effective in accordance with Section 13 herein, and shall continue for a term of 10 years from its effective date, subject to all laws and ordinances regulating, taxing and controlling telephone lines or systems, in the City of Baldwin City, Kansas.

Section 3. The Grantee, its successors and assigns, shall conduct telephone business in such a manner as shall be to the benefit of the City of Baldwin City, and its inhabitants, rendering good telephone service at reasonable rates as authorized by the Kansas Corporation Commission, or any other state or local government agency charged by law with the power to regulate public utilities.

Section 4. All poles and overhead wires or cables erected in accordance with this ordinance shall be placed, whether on streets, avenues, boulevards, alleys or other public places, so as not to interfere unnecessarily with ordinary travel on such streets, avenues, boulevards, alleys or other public places. All poles erected under this ordinance shall be located so as not to injure unnecessarily any drains, sewers, catch basins, or other like public improvements, and if such be injured, Grantee shall forthwith repair any damages caused to the satisfaction of the City Administrator of such City, and in default thereof, said City may repair such damage and charge the cost thereof, and collect same from said Grantee.

Section 5. The poles of the Grantee, its successors and assigns, shall be placed and erected in such a manner as not unreasonable to interfere with the orderly conduct of the business and rights of any other public service corporation having a right or franchise to operate its business in said City.

Section 6. All work of locating the erecting poles or placing underground conduit under by virtue of this ordinance, shall be done with the cooperation of the City Administrator, or some other authorized person or persons.

Section 7. The telephone company shall remove, raise or adjust its aerial plant after 48 hours notice by the city Administrator, or another properly authorized City official, for the purpose of permitting the moving of houses, or other structures, along the streets of said City; however, the person or persons for whose benefit such telephone plant is removed, raised or adjusted, shall first secure proper permission from said City for the moving and agree to pay said telephone company for its related costs and damages. If desired, an advance deposit by the mover may be required by the telephone company.

Section 8. 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 9. In consideration for rights and privileges herein granted, the said telephone company shall pay to the City, in arrears, three percent of annual gross receipts from billings for local service rendered wholly within the corporate limits of the City of Baldwin City. Such payment shall be made in two installments for the preceding six month period; on or before the first day of February for the preceding July 1 through December 31, and on or before the first day of August for the preceding January 1 through June 30. Said payments shall continue during the effective period of this agreement, and the City agrees to accept said sum as full and fair compensation. Said sum shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period covered during the term of this ordinance.

Section 10. 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 11. The franchise, as well as the rights hereunder, may be assigned by the Grantee as well as all succeeding grantees, at their option, and the assigns shall succeed to all the rights, duties and liabilities of the Grantee hereunder.

Section 12. All other ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed.

Section 13. This ordinance shall take effect and be in force 65 days after its final passage, approval and publication once a week for two consecutive weeks as provided by law. If a petition, signed by 20 percent of the qualified voters of the City voting for mayor in the last preceding city election, shall be presented to the governing body prior to the effective date of this ordinance, then the mayor shall cause to be issued a proclamation calling for a special election for the purpose of granting such franchise, said election to be held as provided by law.

Section 14. All expenses of publishing this ordinance shall be paid by the Grantee.

Section 15. If this ordinance expires either prior to the effective date of a passed, subsequent ordinance granting the telephone company a franchise, or while the city of Baldwin City and Grantee are engaged in good faith negotiations intended to result in the passage of such a subsequent ordinance, the terms of this ordinance shall apply until the effective date of the subsequent ordinance.

Section 16. If any portion of this ordinance for any reason is held to be invalid, such portion shall be considered severed from the remainder of this ordinance, which shall otherwise be unaffected and continue in full force and effect.

(09-10-90)