ORDINANCE NO. 343 (CENTURY LINK)

AN ORDINANCE GRANTING UNITED TELEPHONE COMPANY OF IOWA D/B/A UNITED TELEPHONE COMPANY OF EASTERN KANSAS A FRANCHISE TO USE THE STREETS, AVENUES, BOULEVARDS, ALLEYS, AND OTHER PUBLIC PLACES IN THE CITY OF INMAN, MCPHERSON COUNTY, STATE OF KANSAS, TO CONTINUE TO CONDUCT THE BUSINESS OF CONSTRUCTING, INSTALLING, MAINTAINING, MANAGING, AND OPERATING A TELEPHONE SYSTEM WITH ALL NECESSARY POLES, WIRES, CABLES, FIXTURES, CONDUIT AND APPARATUS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INMAN, MCPHERSON COUNTY, KANSAS, AS FOLLOWS;

1. United Telephone Company of Iowa d/b/a United Telephone Company of Eastern Kansas, its successors and assigns (hereafter referred to as “Grantee”), a corporation organized under the laws of the state of Delaware, With a license to do business in the state of Kansas, 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 Inman, McPherson County, Kansas (hereafter 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 Grantee in said City hall 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 Grantee in the conduct of its business, and said Grantee 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 may, from time to time, be established.

2. This Grant shall be continued for a term of five (5) years from its effective date, and for successive terms of like duration unless written notice is given by either the City or the Grantee to the other 120 days or more prior to the expiration of the initial term or any successive term of its intention to terminate the same at the expiration of the then-current term.

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

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 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 any drains, sewers, catch basins or other like public improvements and, if such be injured, Grantee shall repair any damages caused to the satisfaction of the Mayor of the City or to any other such designated city official, and in default thereof, the City may repair such damage and charge the cost to Grantee.

5. The poles of Grantee, its successors and assigns, shall be placed and erected in such a manner so as not to interfere unreasonably 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 the City.

6. Grantee shall remove, raise or adjust its aerial plant, after forty-eight (48) hours’ notice by a properly authorized city official, for the purpose of permitting the moving of houses or other structures along the’ streets of the City. The person or persons for whose benefit such telephone plant is removed, raised or adjusted, however, shall first secure proper permission from the City for the movement and agree to pay Grantee for its related costs and damages. If desired, an advance deposit from the mover may be required by Grantee.

7. Permission is hereby granted to Grantee to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming into contact with Grantee’s wires and cables. All such trimming will be done under the supervision and direction of any City official to whom such duties have been or may be delegated.

8. In consideration for rights and privileges herein granted, Grantee shall pay to the City, in arrears, (5%) of the annual gross receipts from billings from local exchange service rendered wholly within the corporate limits of the City. Said gross receipts are for the regular basic local exchange service rates to customers or subscribers for telephone services in the City, but does not include charges for special services, long distance calls, access charges, or any other charges not considered basic local exchange service. Such payments shall be made in two installments, on or before the first day of February and the first day of August of each year during the term of this ordinance. The City agrees to accept those sums as full and fair compensation, which sums shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the term of this ordinance.

9. Nothing herein contained shall be construed as giving Grantee any exclusive privileges, nor shall in effect any prior or existing rights of Grantee to maintain a telephone system within the City.

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

11. The recovery of charges from Grantees’ customers is subject to the jurisdiction of the regulatory and state authorities and not the City. The obligation of Grantee to pay compensation under this Ordinance is contractual; the City makes no requirements as to the method(s) Grantee uses to recover payments.

12. All ordinances and agreements or parts of ordinances and agreements in conflict with this ordinance are hereby repealed.

13. This ordinance shall be effective at the expiration of 65 days from the date of its final passage.

14. 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 and the remainder shall be unaffected and continue in full force and effect.

(12-11-1995)