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335- ,. 3 ORDINANCE N0. 3 3-T' ~' ~: AN ORDINANCE '~~JHEREBY THE CITY OF WEST ME1v1PHIS OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY, A M[SSOURi CORPORATION,. AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTION OF A TELEPHCNE BUSINESS AND SYSTEM tN SAID CITY, AND ERECT AND MAINTAIN [TS PLANT CONSTRUCTLUN AND APPURTENANCES ALONG, ACROSS, UN, 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 CO(viPANY, AND REPEALING ALE ORDINANCES Aft AGREEMENT IN CONFLICT HEREWITH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS OF THE STATE OF ARKANSAS THAT: SECTION(. The Southwestern Bell Telephone Company, its successor and assigns (herein referred to as 'tTel¢phon¢ Company" shall con- tinue 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"I .. The plant construction and appurtenances used or incident t© the giving of telephone service and to the maint¢nanc¢ of a telephone business and system by the Telephone Company in said City shall remain as now constructed, subject to such changes as may b¢ cansider¢d necessary by the City in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said T¢tephon¢ Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may b¢ incorpo- rated 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 b¢ established. SECTION 2. The Telephone Company shall pay the City the sum of $2,000.00 on the Ist day of May; 1957 for the period May I, 1957, to April 30, 1958, inclusive and a like sum annually thereafter for a like period on the Ist day of May, 1958, and 1959, being a term of three years ending April 30, (960, and for successive terms of like duration, unless within four t41 months prior to thQ expiration of the initial terror fir, of the success"ive t¢tm~`• ~¢nding on each three (31 year anniversary following the expiration of r' ,~ ~. the initial term sixty 1601 days written notice is given by one party to the other of its intention to terminate the same at the expiration of the tb¢n current three i31 year term. It being ex- pressly understood that each three i31 year term provides for $2,000.00 annual payments; said payments to b¢ Tn lieu of all other licenses, charges, fees or impositions Ioth¢r than the usual general or special ad valorem taxes) which might b¢ 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 Service rendered or facilities furnished to said City. SECTION 3. Th¢ Telephone Company on the request of am y p¢rron shall r e or raise or lower its wires temporarily to permit the moving of houses or other structures. Th¢ expense of such temporary removal, raising or lowering of wires shall b¢ paid by the party of parties requesting the same, and the Telephone Company may require such payment in advance. The Telephone Com- pang shall b¢ given not less than forty-eight hours advance not- ice to arrange for such temporary wire changes. .SECTION 4. Permission is hereby granted to the Telephone Com- pang to trim trees upon and overhanging streets, alleys, side- walks 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 trimmings to b¢ done under the supervision and direction of any City official to whom said duties have been or may b¢ delegated. ~ECTION 5. Nothing in this Ordinance contained shall be construe to require or permit any electric light or power wire attachments by the City or for the City. (f light or power attachments are desired by the City or for the City, then a separate non-contin- gent agreement shall b¢ a prerequisite to such attachments. SECTION6. 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 7. All other ordinances and agreements and parts of ordinances and agreements relating to the operating of or right .. ,~ _*~ s to operate a telephone system within said City are hereby repealed. SECTION 8. Th¢ said Telephone Company shall have sixty 1601 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 j ) taking effect and being in force from and after the date of its "t passage and approval by the Mayor. PASSED AND APPROVED THIS -~=Y, _- DAY OF MAY, 1957. ayor ATTEST: r+ , i y er