TELEPHONE COMPANY FRANCHISE ORDINANCE

Section 1. There is hereby granted to the United Telephone Association, Inc., a non-profit corporation organized under the laws of the State of Kansas, its successors and assigns, upon acceptance of this ordinance, as hereinafter provided, the right and authority to establish, construct, operate and maintain a telephone exchange system in the city and to construct, maintain and repair conduits, and lines, with all necessary service lines for the purpose of conducting and distributing the necessary wires and cables, and to make house and building connections upon, along, in and under the streets, alleys and public places of the city, and also to repair, replace, enlarge and extend the same, and to carry on the business of telephoning and renting electric telephones within the city, subject to the ordinances, rules and regulations of the city, and subject to the conditions and provisions of this ordinance.

Section 2. The United Telephone Association, Inc., is also authorized, when necessary, to erect, construct, maintain and repair within the city, telephone poles, with the necessary cross arms and fixtures and to stretch and maintain thereon wires and cables, to be used in connection with the telephone exchange system.

Section 3. In the construction, maintenance, repair and operation of its telephone exchange, and in the use of the streets, avenues, alleys and public grounds in the city, the company shall at all times be subject to and comply with all ordinances, rules and regulations of the city now or hereafter enforce covering the use of streets, alleys, avenues and public grounds by telephone and telegraph companies, and regulating the construction, maintenance and operation of the plant within the city. No work shall be done upon any of the streets, alleys or public grounds of the city under this ordinance until such streets, alleys and public grounds and the manner of doing such works hall be designated and approved by the city.

Section 4. The term telephone shall be held and construed to mean a receiver, transmitter, bell, battery and all other appliances as are requisite for the complete equipment of such telephone instrument.

Section 5. The company shall at all times protect and save harmless the city from all damage and loss from or arising out of or by reason of construction or operation of the telephone exchange and conduit system, and by reason of any infringement of an patent upon any article or system used in the construction or use of the telephone conduit system.

Section 6. To the extent that it is practicable the telephone association, its successors and assigns, shall employ local persons in the operation of its telephone facilities and shall utilize local banking facilities.

Section 7. Within 10 days after the passage and publication of this ordinance as required by law, the United Telephone Association, Inc., shall file its written acceptance of the provisions of this ordinance with the city clerk of the city on the part of the company to file its acceptance hereof with the city clerk as herein provided shall render this ordinance null and void.

(1-21-54)