1246~_ t
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ORDINANCE NO. / ~ /
AN ORDINANCE WHEREBY THE CITY OF WEST MEMPHIS 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
ITS PLANT CONSTRUCTION AND APPURTENANCES 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 PAYMENT FROM THE TELEPHONE COMPANY;
AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH.
WHEREAS, the City desires to enact and impose upon the Telephone
Company a tax which shall 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 and concurs in the purpose and
intent of an order of the Arkansas Public Service Commission entered
on February 7, 1980, in Docket U-3013 relating to the treatment by
the Telephone Company of all City special taxes;
NOW, THEREFORE; BE IT ORDAINED by the City Council of the City
of West Memphis, State of Arkansas that:
SECTION 1. The Southwestern Bell Telephone Company, its
successors and assigns (herein referred to as "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 the City of West Memphis, State of Arkansas,
(herein referred to as "City"). The plant construction and
appurtenances used in or incident to the giving of telephone service
and to the maintenance of a telephone business and system of 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 exercise of its inherent powers and by the Telephone Company
in the conduct of its business and said Telephone 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 incorporated
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. Beginning in 1987, the Telephone Company shall
pay to the City, for the period January 1, 1987, through December
31, 1987, and inclusive and thereafter for like periods an amount
equal to five per cent (50) of the access line billing within
the corporate limits during the preceding year. Payments shall
~,r be in equal quarterly installments on or before the last day of
March, June, September and December of each year.
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 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 shall remove 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 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 less than farty-eight (48) hours advance notice
to arrange for such temporary wire changes.
SECTION 5. Permission is hereby granted to the Telephone
Company to trim trees upon and overhangi_rig streets, alle1~s, 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 duties
have been or may be 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 are desired by the City or for the City, then a separate
non-contingent agreement shall be a prerequisite to such
attachments.
SECTION 7. 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.
2.
SECTION 8. All Other Ordinances and Agreements and
Parts of Ordinances and Agreements relating to the operating of
or right to operate a telephone system within said City are
,.hereby repealed.
SECTION 9. The said Telephone Company shall have ninety
(90) 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 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 (1) year's written notice intention to erminate.
PASSED AND APPROVED this ~_ day of ~ ~~ ~,~~ ,
1986.
MAYOR