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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,
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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.
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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.
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ATTEST:
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CITY CLEF//RK~/
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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~
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City Clerk
Dated this 28th