AN ORDINANCE GRANTING THE FRANCHISE, PRIVILEGES AND RIGHTS TO THE HOME TELEPHONE COMPANY, INC., ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ACQUIRE, OPERATE AND MAINTAIN A TELEPHONE SYSTEM IN THE CITY OF GALVA, KANSAS, AND TO USE THE STREETS, ROADS, ALLEYS, AND OTHER PUBLIC PLACES WITHIN THE CITY FOR SUCH PURPOSES.

Section 1. The Home Telephone Company, 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 Galva, Kansas, 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 48 hours advance notice 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 excavations and repairs to their lines, poles, and cables located in and under public streets, roads, alleys, sidewalks or other public places, provided however, such excavations and repairs are made in accordance with the ordinances applicable to the making of such excavations and repairs and provided further that prior to making such excavations and repairs the telephone company shall secure from the city clerk a permit.

Section 5. The telephone company agrees to pay to the city as full compensation a sum equivalent to three percent of the annual gross revenues for local exchange access telephone service rendered wholly within the city in accordance with tariffs filed with and approved by the State Corporation Commission of the State of Kansas. That sum shall be paid by the telephone company to the city in a lump sum on or before the 1st day of July each year for the term of this ordinance, and the city agrees to accept the sum as fully and fair compensation.

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 noncontingent 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.

(3-2-1987)