Article III
SOUTHWESTERN BELL TELEPHONE COMPANY

Sections:

Section 1.    [Continue in business.]

Section 2.    [Consideration to City.]

Section 3.    [Permission to trim trees.]

Section 4.    [Indemnity.]

Section 5.    [Attachments to poles by agreements.]

Section 6.    [Not exclusive.]

Section 7.    [Conflicting ordinances repealed.]

Section 8.    [Acceptance.]

    Editor’s Note: Ord. No. 18547, § 1, adopted Dec. 20, 2005, provided that the terms and conditions of the city and Southwestern Bell Telephone Company, pursuant to Ord. No. 15535, be extended up until Dec. 31, 2006, or until a new franchise agreement is negotiated and approved by the city council, whichever occurs first.

    Editor’s Note: Ord. No. 18791, § 1, adopted on Jan. 16, 2007, provided that the terms and conditions of the City and AT&T Kansas franchise agreement pursuant to City of Topeka Ordinance No. 15535 as amended and extended by City of Topeka Ordinance No. 18547 be extended up until June 30, 2007.

    Editor’s Note: Ord. No. 18929, § 1, adopted on July 10, 2007, provided that the terms and conditions of the City and AT&T Kansas franchise agreement pursuant to City of Topeka Ordinance No. 15535 as amended and extended by City of Topeka Ordinance No. 18791 be extended up until December 31, 2007.

    Editor’s Note: Ord. No. 19027, § 1, adopted on Jan. 29, 2008, provided that the terms and conditions of the City and AT&T Kansas franchise agreement pursuant to City of Topeka Ordinance No. 15535 as amended and extended by City of Topeka Ordinance No. 18929 be extended up until June 30, 2008.

    Editor’s Note: Ord. No. 19118, § 1, adopted on July 8, 2008, provided that the terms and conditions of the City and AT&T Kansas franchise agreement pursuant to City of Topeka Ordinance No. 15535 as amended and extended by City of Topeka Ordinance Nos. 18791, 18929, and 19027 are extended to June 30, 2009.

    Editor’s Note: Ord. No. 19275, § 1, adopted on July 7, 2009, provided that the terms and conditions of the City and AT&T Kansas franchise agreement pursuant to City of Topeka Ordinance No. 15535 as amended and extended by City of Topeka Ordinance Nos. 18791, 18929, 19027, and 19118 are extended to June 30, 2010.

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 Topeka, Kansas.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF TOPEKA, OF THE STATE OF KANSAS; THAT:

Section 1. [Continue in business.]

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 Topeka, 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 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 said City as the same from time to time may be established. In the event, as public necessity may require it is necessary to relocate appurtenances which run along, across, on, over, through, above and under said public ways, then Southwestern Bell Telephone Company shall be solely responsible for the relocation, including the cost thereof, except if such move is required because of any negligent act of the City. (Ord. 15535 § 1, 10-22-85; Ord. 7694 § 1, 9-30-47.)

Section 2. [Consideration to City.]

The Telephone Company shall pay the City on or about June 1, 1986, for the period January 1, 1986 through March 31, 1986, and quarterly thereafter on or about sixty (60) days after June 30, September 30, and December 31 of each year, for a term of ten years ending December 31, 1995, the sum of five percent (5%) of the class of service revenues for local exchange telecommunication service rendered wholly within the corporate limits of the City of Topeka. It is understood that such payments exclude any and all carrier and end user access charges.

The provisions hereof shall be automatically extended to successive ten (10) year terms unless prior to six (6) months before the expiration of the initial term or of the successive terms ending on each ten (10) 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 ten (10) year term; it being expressly understood that each ten (10) year term provides for forty (40) quarterly 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, cancelled or withheld by legislative, judicial or regulatory act.

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 said company for telephone service rendered or facilities furnished to said City.

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 lower 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 the actual operation. (Ord. 15535 § 2, 10-22-85; Ord. 15046 § 1, 12-14-82; Ord. 10870 § 1, 2-5-61; Ord. 7694 § 2, 9-30-47.)

Section 3. [Permission to trim trees.]

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. (Ord. 15535 § 3, 10-22-85; Ord. 7694 § 3, 9-30-47.)

Section 4. [Indemnity.]

Southwestern Bell Telephone agrees to indemnify and hold the City harmless from any and all loss, damage and expense occasioned by or arising out of claims for personal injury or property damage caused by or contributed to by the willful or negligent acts or omissions of Southwestern Bell Telephone. The City agrees to indemnify and hold Southwestern Bell Telephone harmless from any and all loss damage and expense occasioned by or arising out of claims for personal injury or property damage caused by or contributed to by the willful or negligent acts or omissions of the City. (Ord. 15535 § 4, 10-22-85.)

Section 5. [Attachments to poles by agreements.]

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. (Ord. 15535 § 5, 10-22-85; Ord. 7694 § 4, 9-30-47.)

Section 6. [Not exclusive.]

Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior to existing rights of the Telephone Company to maintain a telephone system within the City. (Ord. 15535 § 6, 10-22-85; Ord. 7694 § 5, 9-30-47.)

Section 7. [Conflicting ordinances repealed.]

Article III of Appendix B of the Code of the City of Topeka and 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. (Ord. 15535 § 7, 10-22-85; Ord. 15046 § 2, 12-14-82; Ord. 7694 § 6, 9-30-47.)

Section 8. [Acceptance.]

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 Governing Body. (Ord. 15535 § 8, 10-22-85.)