APPENDIX B – FRANCHISESAPPENDIX B – FRANCHISES\ORDINANCE NO. 621 (TELEPHONE)

AN ORDINANCE GRANTING TO THE MOUNDRIDGE TELEPHONE COMPANY, INC., ITS SUCCESSORS AND ASSIGNS, A TELEPHONE FRANCHISE AND THE RIGHT TO PURCHASE, LEASE OR CONSTRUCT FIXTURES AND APPURTENANCES, FOR THE OPERATION OF A TELEPHONE SYSTEM OR EXCHANGE IN THE CITY OF MOUNDRIDGE, KANSAS, AND DEFINING ITS RIGHTS POWERS AND PRIVILEGES.               

BE IT ORDAINED by the Governing body of the City of Moundridge, Kansas:

SECTION 1.  The Moundridge Telephone Company, Inc., its successors and assigns, is hereby granted the right, authority and privilege of construct, equip, own, maintain and operate it the City of Moundridge, Kansas, wires, poles, appurtenances and fixtures, to conduct a telephone business and exchange; the right and privilege to use the streets, alleys and public grounds of the City now owned or hereafter acquired, subject to such restrictions as are now or may hereafter be imposed by law, for the purpose of erecting or maintaining poles, constructing lines, operating a telephone system or exchange, or doing any of the things herein authorized; the right to purchase, lease, erect, equip, maintain and operate such plants, machinery, equipment or buildings as are necessary to maintain and operate such telephone system or exchange; the right to buy, own or lease any and all real estate necessary to conduct such business; the right to furnish telephone service to the people, firms and corporations of the City; the right to connect with other telephone lines within the City; the right to purchase, lease, erect, equip, maintain and operate such telephone system or exchange; the right to buy, own or lease any and all real estate necessary to conduct such business; the right to furnish telephone service to the people, firms and corporations of the City; the right to connect with other telephone lines within the City; the right to own and conduct a rural telephone exchange; the right to do switching for any person, firm or corporation; the right to conduct a telephone toll business; to furnish telephone power and service to any person, firm or corporation, and to have such other rights and privileges as are usually granted to and enjoyed by telephone companies.

SECTION 2.  The franchise hereby granted to the Moundridge Telephone Co. shall continue for a term of five years from the first day of January, 1981, and for successive periods of one year each, unless, not less than six months prior to the expiration of the initial term or any subsequent term, written notice is given by one party to the other of its intention to terminate this franchise at the expiration of the current term.

SECTION 3.  The Moundridge Telephone Company shall pay to the City of Moundridge as full compensation for the granting of such rights, privileges and franchise a sum equal to three percent (3%) of the monthly gross rental of all telephones and telephone accessory equipment provided for its customers on a rental basis within the City of Moundridge.  Such payment shall be made annually.  The first installment shall be due and payable on or before the 15th day of January, 1982, and succeeding payments shall be due and payable on or before the 15th day of January of each year thereafter for the duration of this franchise.  The City agrees to accept such sums as full and fair compensation for the rights, privileges and franchise granted herein during each preceding calendar year.

SECTION 4.  Rates to be charged for the use of telephones to be furnished, owned and kept in repair by the Moundridge Telephone Co. shall be fixed and determined by the Corporation commission of the State of Kansas; provided, however, nothing herein contained shall be considered as waiving the rights of either the City of Moundridge or the Moundridge Telephone Co. to review in the proper tribunals or courts in such manner as is now or may hereafter be provided by law, any rates, findings or orders of either the City or the grantee.

SECTION 5.  Pole and wire and cable lines of the grantee shall be erected on poles of suitable size and at an elevation above ground sufficient to prevent interference with normal traffic.  Underground lines shall be buried below plow depth.  Pole lines and underground cable lines shall not be erected or laid so as to interfere in any manner with any street, avenue, alley, public ground, crosswalk, public or private driveway, guttering, curbing or sewer, or any electric, gas or water utility installation, or any private property or private rights of citizens of the City.

SECTION 6.  Grantee agrees that it will remove or cause to be removed all poles, lines and cables no longer in use as an operational part of its telephone system, except underground cables which have been abandoned, within a reasonable time.

SECTION 7.  Nothing in this ordinance shall be construed to require a permit for 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 a separate non-contingent agreement shall be prerequisite to such attachments.

SECTION 8.  If any clause, sentence or section of this ordinance shall be held void by any court of competent jurisdiction the same shall not affect the remainder of this ordinance.

SECTION 9.  This ordinance and the written acceptance thereof by the grantee shall constitute the franchise between the City and the Moundridge Telephone Co. and the same shall be binding on the Moundridge Telephone Co., its successors and assigns.

SECTION 10.  This ordinance, having been read in full at three regular meetings of the Governing Body, is on this 4th day of November, 1980, passed and adopted by the Governing Body of the City of Moundridge, Kansas.  Provided, this ordinance shall be published in the official City paper once a week for three consecutive weeks.  Provided further, this ordinance shall not take effect and be in force until after the expiration of 60 days from the date of its final passage, to-wit:  November 4, 1980.

(11-04-1980)