131,Y`'C
8nL NUMBER __ OR01 NANCE N0. 1 31 _
AN ORDINANCE WHEREBY THE CITY OF~.~7.L2EM.~.!~_..OF THE STATE OF__A~!VSAS-_,pND THE SOUTHWESTERN BELL
TELEPHONE COMPANY A MISSOURI CORPORATIONS AGREE THAT TII[ TELEPHONE COMPANY SHAII COM INUE TO OPERATE ITS TELE-
PHONE SYSTEM ANO ALL BUSINESS INCIDENTAL TO OR CONNECTCD WITH THE CONDUCTING OF A TELEPHONE BUSINESS ANO SYSTEM
IN 8A10 CITY, AND ERECT ANO MAINTAIN. ITS PLANT CONSTRUCTION pN0 APPURTENANCES ALONG ACROSS ONE OVERs THROU6Ni
ABOVE AND UNDER ALL PUBLIC STREETSi AVENUES ALLEYS PUBLIC GROUNDS AND PLACES IN SAID CITY THAT THE CITY SNALL
RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ;ALL ORDINANCES AND AGREEMENTS IN CONFLICT
HEREWITHt
Be it ordained by the_. ~ ~ u N C ,L4...'.____- of the C ity of ~~la,~_ MiEwr~~_ of the 8t ate of...~~,ie!<,fi.
than
SE,~CT~„ON,1. The Southwestern Bell Telephone Company. its successors and assigns (herein referred to as nTelophone
Companyn~ shall continuo to operate its telephone system and al~ business incidental to or connected with the
conducting of a telephone business and system in the City of W it~~rn~Mes _a State of__$L~.K..}~..QE:,.t;~.._...a
(herein referred to as ~~Cityn). The plant construction and appurtenances used in or incident to the giving of
telephone service and to the mttintenance of a telephone business and system by the Telephone Company in said City
shall remain as now constructed, subject to such changes es may be considered necessary by the City in the exet•
ciao of its inherent powers end by the Tolephone Company. in the conduct of its businesaa and said Telephone Com-
pany shall continue.to exercise its right to placa~ removes construct and reconatruct.~ extend and maintain its
said plant and appurtenances as the business anA purposes for which it is or may be incorporsted may from time to
time require, alonga across one over througha above and undor •11 the public streetaa_a~arwass alleys and the
public grounds and places w~thin the limits of said City na the same from time to Lima may be •otabliahod.
SECTION 2. Tho Telephone Com any shall pay the City the sum of~lih0~1'L-,~i:I~on the ~sr ,day
of._,~'T,LN_~,rre V ~!t~ '~_.,for the period.._~q!~;~.s._~33_'JE..7 i to_.R~'.Sr_~.3I~._!„~.lee.Z___.._ inelu-
slva and like sum annually thereafter for.n like period on the._ ~'~t day of~ell~~~ R ~ s
.__.s nnd..1.~'Y.~.., being a term of..~~..yeare ending.~rE.S'ea~3.:>ty_.
~ q ~ 9 ..a and for successive terms of like durstioni unle a within four (4) months prior to the expiration of
the initial term or of the successive terms ending on each year anniversary following the expiration of the
initial term sixty (60) daya~ written potice is given by one party to the other of Its intention to terminate the
same at the expiration of the then current _~.~ __y ear term. it being expressly umderatood that each _~
year term provides for__~__annua) paymontsf avid payments to be in lieu of all ocher ifeenaeas chargoss foes
or impositions (other than the usual general or special ad valorE•m taxes) which might be imposed by the City .undor
authority conferred by laws the Telephone Company shall have the privilege of crediting such sumo with any w~paid
balance due said Company for Telephone SE:rvice renderE:d or faciiltiea furnished to avid City.
SECTi0N,3. The Tolephone Company on the request of any person shall remove or raise or lower its wireo temporar-
ily to permit the moving of houses or other structures. T ha expense of such temporary removals raising or Lower-
ing of wires shell be paid by the party or parties requesting the samei and the Tolephone Company may require
such payment in advance. The Teleephone Company shall be given not leas than forty-eight hours advance notice to
arrange for such temporary wire changes.
SE,4. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging atrsetaa
alloys. sidewalks and public places of said City so au to prevent the branches of ouch trees from coming in con-
tact with the wires and cables of the ielephone Company all the said trimming to be done undor the supervision
and direction of any City official to whom said duties have been or may be delegated.
`~~ 3E ON_5. Nothing in this Ordinance contained shall be construed to require or permit any electric light or
power wire attachments by the City or far the City. If light or power attachments are desired by the City or for
the Cityi then a separate non-contingent egre~;meat shall be a prerequisite to such attachments.
_ ~5EQT101,1 6. Nothing herein contained shall be construed as giving to tht Telephone Company any exciuaivo privi-
leges. nor nhall it affect any prier or existiny rights of the Telephone Company to maintain a telephone system
within the City,
SECTION.,j. All other ordinances and agreements and parts of ordinancc~a and aGreements relstJng to the opersting
of or right to operate a telephone system within said City are hereby repealed.
SECTION B. 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 Clty Clerks and upon such acceptance being filed this ordinance
shall be considered ae taking effect and b~:ing in force from and ;after the date of its passage and approval by
the Mayer.
Approved th i s__.day of Februaxy _ ., 19 47, ; •.- _
ATTEST r f
._., _.~.. ~ ^,.•~~Y~ CLERK -. .____ ~~ MAYOR
.-
'~` ~~~ ACCEPTANCE ',
__
,.
V~iEREAS, the City Council of the City ofx~~.~ ~~-,'-...........of ...~~`~~.~#~ .............
Count '~~ did on the ..*1ih .........da o ~"! 49'....
Y ~ ................................................. , y f ........ ..!!~'.~............. A . I7 . 19 ........ ,
enact an.ordina.nce entitled:
A~E~i~iA~ DINANCE V:TIF~I~EBY THE CITY OF:....~...~"..........OF' THE. STATE OF
.:.......:.......................................... AND THE SOUTIWESTERTv BELL TELEPHONE COMPANY, A T,~ISSOURI
CORPORATION, AGREE THAT TIDE TELEPHONE COMPATV'Y SHALL COTdTITdUE TO
OPERATE ITS TELEPHONE SYSTEM AND AT,L BUSINESS INCIDENTAL TO OR
CONPIECTED WITH TH ~' CONDUCTIPTG OF A TELEPIONE BUSINESS AND SYSTEM
IN SAID CITY, AND ERECT ANll NiATNTAIT~t TTS PLANT CONSTRUC'~IOTv' AIdD
APPURTENANCES ALOTIG, ACROSS, Ol`1, OVER, TT.-TROUGH, ABOVE, AND UNDER
ALL PUBLIC STREETS, AVETdUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN
SAID CITY, THAT THE CITY ST-IALL RECEIVE AN ANNUAL PAYMENfi FROM THE
TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEM~'NTS IN
CONFLICT HERETNITH:
and
WHEREAS, said ardinance ~7as on the ........''~.th ..........:...day of .......~!!'........:..... A.D.
19:~~......., duly approved and signed by the Mayor of said City and the seal
of said City thereto affixed and attested by the City Clerk:
NOPJ, THEREFORE, in compliance with. the terms of said ordinance so
enacted, approved and attested, the Southwestern Bell Telephone
Corripany hereby accepts said ordinance and files this its written ac-
ceptance with the City Clerk of said City in his said office.
Dated this...........3rd .......................................day of...........March,............ ................, 194..7...........
Approved:
~R
•~ ,~~• General Attorne
.r~ ,~;_ .
Attest:
/~"~
Asst1 Sucre y
SOUTH4"?ESTt?SRN BELL TELEPHONE COMPANY
By ................
~~.First Vice Presiders
Acceppp~~ta~~n,//ce filed in the office of the City Clerk of ................................... ~,.....~....
this........7..'.'U...%~~!/.~ ............................day of _....... .....1~'~-~'-