198r
E.
rti
SILL NUMBER
ORDINANCE N0. ~-~$
AN ORO I NANCE WHEREBY THE C I TY OF y~~eSt ~ieTriphlS OF THE STATE OF k~'jta2lSaS AND THE 80UTHNESTERN BELL
TELEPHONE COMPANY, A MI830UR1 CORPORATION, AGREE THAT 1HE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE IT8 TELE-
PHONE 8YSTEM AND ALL BUSINE88 INCIDENTAL TO OR CONNECTED NITH THE CONOUCTINQ OF A TELEPHONE BUSINESS AND 8YSTEM
IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION ANO APPURTENANCE8 ALONG, ACROSS, ON, OVER, THROUGH,
ABOVE, ANO UNDER ALL PUBLIC 8TREETS, AVENUES, ALLEYS, PUBLIC 6ROUN03 ANO PLACES IN SA10 CITY, THAT THE CITY SHALL
RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, ANO REPEALING ALL ORDINANCES AND AGREEMENT8 IN CONFLICT
HEREMITH:
Ba it ordained by the COUriC11 of th• City of lidest Memphis of the State of Arkansas
that
The Southwestern Btil,Ttlephon• Coapany, its succtstors and assigns (herein referred to as "Ttltphon•
Coapany" .shall continw to operate its telephone systta and #~I gusintss incidental to or cpnnected.with the
condueting of a telephone busirnss and systta in the City of YY eSLti ~eri1p~'11S , gtat• of ,~-Y'kanS~3.S---- --,
(herein rtftrrtd to at "City"). 1h• plant construction and appurtenances used in or incident to the giving of
telephone service and to the aainttnane• of a telephone buaintta and systta by the Telephone Go~pany In said City
shall rtaain a• now constructed, eubjtet to such changse a• say b• eonaidtred ntctetary by the City in the txer-
cise of its inherent powers and by the Telephone Coapany in the conduct of its bueintss, and asid Telephone Coa-
pany shall continw to exercise its right to place, rtaove, construct and reconstruct, extend ^nd •aintain its
said plant and appurtenances as the butintat and purpoeta for which it i• or say be incorporated say froa ties te.
tips rtquirt, along, across, on, over, through, above and under all tl-t public streets, avenues, allays, end the
public grounds and places within the liaits of said City at the seat frcoa tint to tia• say b• established.
SECTION 2. ~~Tah_~ Tt,t~ one Coapany ahal l pay the City the sus of ""--r~77~•~O--- on t 1S't day
of 3L,}J. or tht~ptriod , to inclu-
s v nd a like sus annually thereafter fora like period n the S day of ~ , aT1C~
~~ ~ , bring s tsra of years ending
said payatntt to b• in lieu of all other licenses, charges, fees
or iaposition• (other than the usual general or spacial ad valorea taxer) which sight bs iaposed by the City under
authority eonferrtd by law, the Telephone Coapany shall have the privilege of crediting such suss with any unpaid
balane• due said Coapany for Ttlephont Strvict rendered or facilities furnished to said City.
SECTION 3. Tht Ttlephont Coapany on the request of any parson shall rsaove or raise dr lower its wires ttaporar-
ily to ptrait the aoving of houses or other structures. The expense of such ttaporary rt~oval, raising or lower-
ing of wires shall bt paid by the party of parties requesting the ease, and the Ttlephont Coapany say rtquirt
such payatnt in advance. Tht Ttlephdnt Coapany shall be given not leas than forty-sight hours advance notice to
arra~ga for such ttaporary wire changes.
8EGTION 4 Pera~ission is hereby granted to the Ttlephont Coapany to trio trees upon and overhanging streets,
a all ya, sidewalks and public places of said City to as to prevent the branches of such tress froa aoaing in con-
tact with the wires and cables of tlr Telephone Coapany, all the asid triaging to be done under the supervision
and direction of any City official. to whoa said duties hate barn or ^ay be delegated.
SECTION 5. Nothing in this Ordinance contained shall be construed to rtquirt or psrait any electric light or
power wire attachaant• by the City or for the City. If light or power attachaenta art desired by the City or for
the City, tMn a separate non-contingent agreeaent shall be a prerequisite to such •ttachaenta.
SECTION 6. Nothing herein contained shall be construed as giving to the Telephone Coapany any exclusive privi-
sgsT s; nor •h all it affect any prior or existing rights of the Telephone Coapany to aaintain a telephone syatea
within the City.
SECTION 7. All other ordinances and agreeaenta and parts of ordinances and agreeaenta relating to the operating
o~ or ght to operate a telephone systso within said City are hereby repealed.
SECTION 8. Th• asid Telephone Coapany shall have sixty (60) days froa and after its passage and approval to file
its written acceptanet of this ordinance with the City Clerk, and upon w ch acceptance being filed, this ordinanee
shall be considered as taking effect and being in force froa and after the date of its passage and approval Dy
the Mayor.
Approved this 1.7'~h day of ~l~Y'll , I9_~.
ATTEST:
/~ ~ ~~ ,
CITY CLERK MAYOR
j.~
ACCEPTANCE
r ~.
WI3EREAS, the City Council of the City of West Mem~ais of '~'~
County, Arkansas, did on the 1Tt~t day of ~ A. D. 19 ~ ,
enact an ordinance entitled:
AN ORDINANCE WHEREBY THE CITY OF Wept Meaphia OF THE STATE OF
i At~KAivSAS AND THE SOUTHWESTERN BELL TELEPHONE CO,'KPANY, A MISSOURI CORPORATION,
&GRE THAT THE TELEPHONE COMPAtIY SHALL CONTINUE TO OPERATE ITS TELEPHONE
SYSTE"•f AiJD ALL BUSINESS INCIDENTAL TO OR COP3PJECTED WITH THE CONDUCTING OF A
TELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND MAINTl~IN ITS PLANT
CONSTRUCTION AND APPURTENA~JCES 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 PAYM~iT FRAM THE TELEPHONE COi~IPA,YY,
AND REPEALING ALL ORDINANCEd AND AGREEMENTS IN CONFLICT HEREWITH:
and
WHEREAS, said ordinance was on the 1'7t~ day of aril A.D.
19 a ,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.
Dated this Ie~ day of , 19~- .
Approved:
SOUTHWESTERN BELL TELEPHONE COMPAN
BY ,~'
~~ Vice Presi ent-Operations
Acceptance filed in the office of the City Clerk of
this day of , A.D. 19
City Clerk
~.
..
f
General Attorney