HomeMy WebLinkAboutOrdinance 947 BILL NUI4BER — ORDINANCE R0,
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AN ORDINANCE UHEREBY THE CITY OFPAyAttAITJIag)F THE STATE OF .. Ark>annwa AND THE SOUTHWESTERN BELL
' TELEPHONE COMPANY, A MISSOURI CORPGRATION, AGREE THAT THE TELEPHONE C3MPANY SHALL CONTINUE TO OPERATE ITS TELE-
PHONE SYGTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONOUCT'ING OF A TELEPHONE,,-:USI NESS ANC SYSTEM
IN SAID CITY , AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS , UN, 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 REPERLING ALL ORDINANCES AND AGREEMENTS IN CONFLICT
HEREWITH :*
Be it ordained by the City Council of the City of . Fayetteville of the State of Arknn e,aS
that :
SECTION I , The Southwestern Belt Telephone Company , its successors and assigns (herein referred to as "Telephone
CompanytiT shall c ,r. tinue to operate its telephone system and �;{ I business incidental to or connected with the
conducting of a telephone business and systen. in the City of avTet tt@91]_lfl, State of _ArkflngAS1 __ ,
( herein referred to as "City" ) . The plant construction dna appurtenances used in or incident to the giving of
telephone service and to the maintenance of a telephone business and system by the Telephone Company in said Cil ;'
shall remain as now constructed, subject to such changes as may be considered necessary by the City in the exer -
cise of its inherent powers and by the Telephone company in the concoct of its business , and said Telephone Com-
pany shall continue to exercise its right to place , remove , construct and reconstruct , exteno and maintain its
said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to
ti Qe require , along, across , on, over , through , above and under all the public streets , avenues , alleys, and the
pudic grounds and places within the limits of said City as the same from time to time may be established ,
t .
SECTION Zo Th Tcle hone Company shall pay the City the sum of ,__ .SC�Q_ on the .1zt'i.._. _—_ day
CAV _ _. for the period _.�111.,}L_l _ , to June--Z .5Q.— , inclu-
sio a I �' k,� �a in annually thereafter for a like period on the _ day of , ,
--- - , and _�,71 , being a -term of __0__. years ending
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; said payments to be in lieu of all other licenses , charges , fees
or impositions ( other than the usual general or special ad valorem taxes) which might be imposed by the City under
authority conferred by law, the Telephone Company shall have the privilege of creditinc such sums with any unpaid
balancf due said Company for Telephone Service rendered or facilities furnished to said City ,
SECTION *3. ,Tha Telephone Company on the request of any person shall remove or raise or lower its wires temporar-
iTy to ;permit the moving of houses or other structures . The expense of such temporary removal , raising or lower-
ing of wires shall be paid by the party or parties requesting the same , and the Telephone Company may require
such payment in advance , The Telephcne Company shall be given not less than forty-eight hours advance nbtice to
arrange for such temporary wire changes.
SECTION 4 . 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 ,:ominq in con-
tact 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 ,
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SECTION 5. 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 G . Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privi -
eges , nor shall it affect any prior or existing rights of the Telephone Company to maintain a telephone system
• within the City .
SECTION 7 . All other ordinances and agreements and parts of ordinances and agreements relating to the operating
0 o� r right to operate a telephone system within said City are hereby repealed,
SECTION H . 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 City Clerk , and upon such acceptance being filed , this ordinance
shall be considered as taring effect and beiny in force from and after the date of its passage and approval by
the Mayor .
14 Approved this . day of _ �� ... _ , 19 A 1A 97.
• ATTEST :
*LeZ4 — . .
U CITY CLERK MAYOR
MICROFILMED
DAZE
REEL53�