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840:. ,~;~, ~~ ~a;,. . ORDINANCE N0. AN ORDINANCE WHEREBY THE CITY OF WEST MEMPHIS OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY, A MISSOURI CORPORATION, AGREE THAT THE 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 SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON; OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS, AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE C~7MPANY, AND REPEALING ALL ORDINANCES AND AGREEi~~NTS IN CONFLICT HEREWITH; .. DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the City desires to enact and impose upon the Telephone Company a tax which shall be in lieu of all other licenses, charges, fees or special taxes other than the usual general or special ad valorem taxes, and WHEREAS, the City recognizes and concurs in the purpose and intent of an order of the Arkansas Public Service Commission entered on December 10, 1957, in Docket U-1281 relating to the treatment by the Telephone Company of all City special taxes; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, State of Arkansas, that: SECTION ?. The Southwestern Bell Telephone Company, 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 West Memphis, State of Arkansas, (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 said City shall 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 Telephone Company in the conduct of its business and said Telephone Company shall continue to exercise its right to place, ~, ti 1. remove, construct, and reconstruct, extend and maintain its said plant and appurtenances as the business and purpose 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, and the public grounds and places within the limits of said City as the same from time to time may be established. SECTION 2. (a) The Telephone Company shall pay to the City on or before March 1, 1976, for the period January 1, 1976 to December 31, 1976, inclusive, and thereafter for like periods on or before each March 1 an amount determined by multiplying the number of telephones within the corporate limits of the City as of the last day of the preceding year by the sum of $0.91 (b) In addition, the Telephone Company shall annually pay to the City an amount determined by subtracting the amount determined in subs-section (a) above from $60,000.00. Said sum to be paid in four (4) quarterly payments on or before March 31, June 30, September 30, and December 31, of each year, beginning March 31, 1976. For the year 1975, a supplemental payment shall be made on or before September 30, 1975 in the amount of $3,756.00, and on or before December 31, 1975 in the amount of $11,269.00. SECTION 3. The annual payment herein required shall be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which may be imposed by the City under authority conferred by law. The Telephone Company shall have the privilege of crediting such sums with any unpaid balance due said Company for telephone services rendered or facilities furnished to said City. 2. SECTION ~. The Telephone Company oh the request of any person shall remove, 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 forty-eight (~8) hours advance notice to arrange for such temporary wire changes. SECTION 5. Permission is hereby granted to the Telephone Company to trim branches of trees upon streets or overhanging streets, alleys, sidewalks and public places of said 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 said trimming to be done under the supervision and direction of any City Official to whom said duties have been or may be delegated. SECTION 6. Nothing in this Ordinance contained shall be construed to require or permit any electric light or power wire attachments by the City or for the City. If light or power attachments are desired by the City or for the City, 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. SECTION 8. All other Ordinances and Agreements and parts of Ordinances and Agreements relating to the operating of or right to operate a telephone system within said City are hereby repealed, including Ordinance No. 3~7• 3. ,•~ SECTION g. The said Telephone Company shall have sixty (60) days from and after its passage and approval to file its written acceptance of this Ordinance with the City Clerk, and upon such acceptance being filed, this Ordinance shall be considered as ~r. taking effect and being in force from and after the date of its passage and approval by the Mayor. The Ordinance shall continue in effect and be in force until terminated by the City or the Telephone Company as of the end of any year after giving one (1) year's written notice on intention to terminate. SECTION 10. Emergency Clause. It being found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need for additional revenue for the City, an emergency is hereby declared to exist and this Ordinance being necessary for the preservation and advancement of the public peace, health, and welfare, shall be in full force and effect from~and after its passage and approval. PASSED AND APPROVED this ~_ day of ~~/G- ~ , 1975. Y R ATTEST: .~sJ•)' ......w~ ..,~ (//. •~s~ / CITY CLEF//RK~/ ~. + i .. .- ACCEPTANCE WffERI;AS, the City Council of the City of West Memphis of Crittenden County, Arkansas, did on the 17th day of July A.D. 19 75 enact an ordinance entitled: Number 840 AN ORDINANCE WHEREBY THE CITY OF West Memphis OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPIONE COMPANY, A MISSOURI CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPIONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDEf2 ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT TfiE CITY SHALL RECEIVE AN ANNiJAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. and WHEREAS, said ordinance was on the 17th day of July A.D. 1975 duly approved and signed by the Mayor of said City and the seal of said City thereto affixed and attested by the City Clerk: NOW, THEREFORE, in compliance with the terms of said ordinance so enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and files this its written acceptance with the City Clerk of said City in his said office. day of Jul 19 SOUTHWESTERN BELL TELEPHONE COMPANY By ~~~ ~i e President and General Manager ticcepzance Lilea in the office of the City Clerk of West Memphis This _,~~ day of A.D. 19~ ~~ City Clerk Dated this 28th