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347.: --,, . ~, n OR D I NANC E NO . -`~? `~~ ... +r.r ~.. +r~r. ,.~ AN ORDINANCE WI-1E,?EBY THE CITY OF WEST iv1EN'iPH[S OF THE STATE OF ARKAi~1SAS AND THE SUUTM:~ESTERN BELL TELEPHONE CUMP;;NY, A tV11SS0URl CUR POR AT I ON, AGR E E THAT THE T E lE PHONE COIvIPk~NY SHA L L CONTINUE TO OPERATE ITS TELEPHC~IE SYSTEM FWD AL1< BUSINESS INCIDEiUTAL TO UR CONNECTED WITH THE CONDUCTION OF A TELEPHONE BUSINE5S Aft SYSTEM IN SA10 CITY, APJD ERECT AND P~1AIiVTAIN LT5 f LAi~T CCNSTf>UCTION AND APPURTEfvANCES ALUivG, ACROSS, ON, .OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAiD CITY, THAT THE CLTY SHALL RECEIVE AiJ ANNUAL PAYMENT FRUivI THE TELEPHONE COMPANY, AND. REPEALIIti1G ALL ORDI('~ANCES .AND AGREEP~/iENTS IN CONFLICT HEREGfI TH: WHEREAS,. the City dtsires to enact and impose upon tk~e Telephone Company a tax. which skull 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 the purpose and intent of an order of the Arkansas Public Strviee Commission entered on December 10, 1957, in Docket U-1.281 relating to the treatment by the Telephone Company of all City special taxes; NO~rJ, THEREFORE, BE IT ORDAINED by the Gity Council of the City of West Memphis, State of Arkansas that: SECTION I. Tht Southwestern Bell Telephone Company, its suceess- ors ancTassigns ihcrein referred to as "Tclcphone Company°t1 shall continut to operate its telephone system and all business incid- ental to or connected with the conducting of a telephone business: and system in the City of West Memphis, State of Arkansas, ihcrei referred to as 'tCity'~1. The plant construction and appurtenances used in or indident 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 extreise of its inhcrecnt powers and by the Telephone Company in the conduct of its business, and said Tclcphone 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 purpose for which it is or may be incorpor- ated 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. The Telephone Company shall pay to the City on or e ore Pesch 1, 1958, for the period January I, 1958,.: to Deeembtr 31, (958,: inclusive, and thereafter for like periods on or before each March 1st 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 Eighty-seven Cents i$.871 SECTION 3. The annual payment herein required shall be in lieu ©~"aTT offer licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which may be im- posed by the City under authority conferred by law. The Telephon 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. SECTION 4. The Telephone Company on the request of any person s al rimovc 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 sha{I be paid by the party or parties requesting the same, and the Tclcphone Co- mpany may require such payment in advance. The Tclcphone Compan shall be given not less than forty-eight hours advance notice t© arrange for such temporary wire changes. + •M SECTION 5. Permission is hereby granted to the Telephone Company to trim trees upon and 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 dutit, have been or may be delegated. l ter. SECTION 6. Nothing In this Ordinance contained shall be construe ~o require or permit any electric light or power wire attachments by the City or for the City. If light or power attachments arc desired by the City or for the City, then a separate non-contin- gent agreement shall be a prerequisite to such attachments. SECTION 7. Nothing herein contained shall be construed as giving ~o-the Te lephonc Company any exe lus i ve pri vi leges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system within the City. SEC710N 8. All other ordinances and agreements and parts of or~i-nanees. and agreements relating to the operating of or right to operate a telephone system within said Lity arc hereby re- pcalcd. Ordinance No. 335 passed and approved May 6, 1957, is hereby specifically repealed. SECTION 9. The said Telephone Company shall have sixty t601 days ~`rom and after its passage and approval to file its written acceptance of this ordinance with the Lity Clerk, and upon such acceptance being filed, this Ordinance shall be considered as 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 t(i years notice of intention to terminate. PASSED AND APPROVED TI-ilS __l~_. ~ DAY OF MARCH, 1958. ATTEST: ,~ _.... .. .