AN ORDINANCE GRANTING THE FRANCHISE, PRIVILEGES A RIGHTS TO THE UNITED TELEPHONE COMPANY OF KANSAS, INC., ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ACQUIRE, OPERATE AND MAINTAIN A TELEPHONE SYSTEM IN THE CITY OF ELLINWOOD, KANSAS; TO USE THE STREETS, ROADS, ALLEYS, AND OTHER PUBLIC PLACES WITHIN SAID CITY FOR SUCH PURPOSES; AND REPEAL ORDINANCE NO. 7-301 OF SAID CITY, ADOPTED MAY 11, 1959.

Section 1. The United Telephone Company of Kansas, Inc., 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 Ellinwood, Barton County, 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 the city shall remain as now planned or 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 the telephone company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its 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 the city as the same from time to time may be established.

Section 2. The telephone company on the request of any person 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 15 days written notice from the party or parties detailing the time and location of the moving operations and not less than 48 hours advance notice of the actual operation, or the advance notice as required by state statutes, to arrange for such temporary wire changes.

Section 3. Permission is hereby granted to the telephone company 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 in contact with the wires and cables of the telephone company, all the trimming to be done under the supervision and direction of any city official to whom the duties have been or may be delegated.

Section 4. Permission is hereby granted to the telephone company to make all necessary repairs to their lines, poles, and cables located in and under the public streets, roads, alleys, sidewalks, or other public places provided however, such repairs are made in accordance with the ordinances applicable to the making of such repairs the telephone company shall secure from the city clerk a permit, if required.

Section 5. The telephone company agrees to pay to the city as full compensation a sum equivalent to three percent of the monthly gross rental of all telephones installed within the city or an equivalent percentage of the class of service revenues for the monthly local exchange telephone communication services rendered wholly within the city. That sum shall be paid by the telephone company to the city by the 10th day of the month for the preceding month for the term of this ordinance and the city agrees to accept the sum as full and fair compensation. At any time after three years from the beginning date of this franchise, and at intervals of not less than three years thereafter, this section shall be subject to review and adjustment upon written request of either party. In case an adjustment is agreed upon, the new rate of compensation shall apply starting no later than 60 days from the next monthly billing rendered and shall continue until again adjusted.

Section 6. 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 7. 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.

(5-14-1979)