Loading...
416.~ ~' -S . ..J ~ 1 , ORDINANCE NO. ~ ~ ~' AN ORDINANCE WHEREBY THE CITY OF WS`j'T~,~,rPHIS 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 STS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACRCBS~ 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 FAOM THE TELEPHONE COMPANY, AND REPEAL- ING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITHt WHEREA~i the City desires to enact and impose upon the Telephone Company a tax which aha11 be in lieu of all other licenses, chargea~ fees or epeoial 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 Publ~.a Service Commission entered on December 10, 1957, in Docket U-1281 relating to the treatment by the Telephone Oompaxiy of all city apeoial texas; NOW, THEREFORE, BE IT ORDAINED. by the City Council of the City of +_W _t. T~Temphis _ ,State of Arkansas thats B~CT__ION 7,. The Southwestern Bell Telephone Compaoy, its auaaeaaora and assigns (herein referred to ae "Telephone Company") shall continue to operate its telephone system and all business incidental to or aonaeated with the aonduoting of a telephone business and system in the Oity of West Mem- 's , ~Btate of Arkanaas~ (herein referred to ae "City" The plant'aonatruation and appurtenanaea used in cr incident to the giv~.ng of telephone service and to the maiAteaance of a telephone business and system by the Telephone Company in acid City sha11 remain ae now constructed, aub~eat to such 4hanges as may b• aon- aidered necessary by the City in the exeroiae of its inner®nt powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exeroiae its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenaxioea as the business and purpose for which it is or may be incorporated may from time to time requires along, across, on, over, through, above and under all the public streets, avenues alleys, and the public grounds and pisses within the limits of said City as the same from time to time may be established. ~" - 2 SECTIOIJ 2. Th® Telephone Company shall pay to the City on or b®fore Marsh'-1~ 19=, for the period January 1~ 19~, to December 31, 196,E i'nclusiv®~ °and thereafter for like periods on or before each March 1 an amount determined by multiplying the number of telephones withia the corporate limits of the city as of the last day of the preeeding year by the sum of ~ 0.91 ~ . 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 soma with ar.~y unpaid balance due said Company for telephone services rendered or facilities furnished to said City. 3ECTION,~ The Telephone Company on the request of any person shall remov® or raise or lower its wires temporarily to permit the mwving of houses or other structures. The expense of such temporary removal, raising or lowering o~ 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 leas than forty- eight hours advance notice to arrange for such temporary wire ehangea. SECT_,,, ION 5,_, Permission is hereby granted to the Tel®phone 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 cabl®s of the Telephone Compaz~y~ all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may b® 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 .ar+s desired by: he City or~ for the City, then a separate non-contingent agreement shall r„~ be a prerequisite to such attachments. SECT. 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. ~~ • ~. -3- SEGTI© 8. ~.1 other ordinances and agreements and parts of ordinances and agreements relating to the operating of or right to operate a telephone system within said Gity are hereby repeal®d. SE)CTIO_ ~T 9. The said Tel®phone Gompar~y shall have sixty (60) days from and after its passage and approval to file its written acceptance of this ordinance with the Gity Glerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and b®ing 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 Tel®phone Company as of the end of any year after giving one (1) yearts notice of intention to terminat®• Approved this ~ S ~ day of ~ ~2,Gh1 19 ? „_ f h r -- Mayor City Clerk