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Home My WebLink AboutOrdinance 999 OPu7INA14CE 1400 Hti O �II!!s".;C3 ..iLliZEDY TH' CITY OF Pi=TTEJILLE OF III" STAT'' OF AI11{APTSAS A'Iil THE SOUTH- ;�ESTI;ri! BELL 'i]L"PHONE CG.J;'r.I;Y , A ; I" SOURI COR101L,YI0771 AGREE THAT TIC, TMU11ONE COHa P. i?Y SiUTAL C J1I'TINUE 'TO 0?E` _TE ITS T'LM -WHJ`1 SYFT51 ..1 'J i:LL BUSH+'ESS I IGIDE"TAL TJ OR CON"ECT :J ..IT : ViE CUNJUCTI;iC OA G TTLEPHONE BUSITT :S^ A,*D SYST'lI P' SAID CIT ' , AUD ERE:.T WID ITS PLANT OXSTHUC 'TION AM) APPU.ITF„t%.NCuS ALODG, ACROFS , 0' i , OBER, TH"nJUGH, Ai OPLIS :.? IJ U '.1JER i;LL P17BLIC iR:ETS , AV i I E^ , u . L=i , PUBLIC GROTW !D` AND I ' ! SAID JI ',Y , T;:AT TIP : CITY "H.11 R::OEI JJ AN i NNUidi PATIENT FTWil TIF TF.LEPHOME !IY , AU 1',PEALII'P ALL OTtJIiI. ' :C-,F AMD AGTZ1',E?.7,NTS IN CO"I LILT I2M,J " ITH: be it ordained by the City Council of the City of Feyettevil]e of the State of Arkansas that : 5 .:MiN 1 . The Southwestern Dell Telephone Company, its successors and assi ms (herein reUerre %o as " Telephone Comoany" ) shall continue to operate its telephone system and rll business incidental to or connected idth the conducting of a telephone business and system in the City of rayetteville , State of Arkansas, (herein referred to as "City" ) . The plant construction and appurtenances used in or incident to the Eiving of telephone service and to the maintenance of a telephone business and system by the Telephone Com- pany 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 porters and by the Telephone Company in the conduct of its business , and said Telephone Company shall con- tinue to exercise its riI-ht to place , remove , construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time re , ,uire , along, across, on, over, through, above and under all the _-ublic streets , avenues , alleys , and the public grounds and places within the lic.fts of said City as the same from time to time may be established . SECII011 2 . The Telephone Company shall pay the Jity the sum of ;3, 300. 00 on the 1st day o J y, 951 , for the period July 1 , lyyl, to June 30, 1952 , inclusive , and a like sum annually thereafter for a like period on the 1st day of July, 1952 and 1953, being a r term of 3 yeas ending June 30, 1954 ; 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 Com- pany shall have the privilel-e of crediting such sums with any unpaid balance due said Com)any for Telephone Service rendered or facilities furnished to said city. SECTION 3. The telephone Company on the request of any person shall remove or raise or ower its vires temporarily to permit the moving of houses or other structures . The exienso of such temporary removal, raising or lowerint of wires shall be paid by the party of parties requesting the same , and the Telephone Company may require such payment in advance . The telephone Com oany shall be I-iven not less than forty- eiiht hours advance notice to arranfe for such temporary vire chenpes . STICTION 4 . Permission is hereby granted to the Telephone Company to trim trees upon an over anFi.np streets , alleys , sidewalks andpublic 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 maybe delegated . SECT ' ON 5 . Nothing in this Ordinance contained shall be construed to require or pe t any electric lit-ht or rower wire attachments by the City or for the City. If light or power attachments are desired by the Ciry or for the City, then a separate non-contingent agreoment shall be $ pro�+equisite to such attachments . LATE A SECTION 6. 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. SECTION 7 . All other ordinances and agreements and parts of ordinances and agree- ments slating to the operating of or right to operate a telephone system within said City are hereby repealed. SECTION 8 . 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 taking effect and being in force from and after the date of its passage and approval by the Mayor. Approved this day of lGt , 19Q. ATTEST : — VCITY rCLERK MAYO ORDINANCE N0 . AN ORDINANCE WHEREBY THE. CITY OF FAYETTEVILLE OF THE STATE OF ARKANSAS AND THE SOUTH - WESTERN , BELL . TELEPHONE COMPANY , A MISSOURI CORPORATION, .AGREE THAT THE TELEPHONE COM- PANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR e- - CONNECTED WITH THE. CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITI , AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON , OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS , AVENUES, AI.I,EYS ,. 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 HEREMITH : Be it ordained by the City Council of the City of Fayetteville of the State of Arkansas that : SECTION 1 . The Southwestern Bell Telephone Company, its successors and assigns (herein referred 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 Fayetteville, 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 by the Telephone Com- pany 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 con- tinue to exercise its right to plaee , remove , construct and reconstruct, extend and maintain its said+ plant and appurtenances as the business , and. purposes 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 . The Telephone Company shall pay the City the sum of $3, 300. 00 .on the lst day of July, 1 51 , for the period July 1 , 1951, to June 30, 1952, inclusive , and a like sum annually thereafter for a like period on the let day of July, 1952 and 1953, being a term of 3 years ending June 30, 1954 ; said payments to be in lieu of all other licenses , cha'rges , 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 Com- pany shall have the privilege of crediting such sums .with any unpaid balance due said. Company for Telephone Service rendered or facilities furnished to said city. SECTION 39 The . telephone Company on the request of any person shall remove or raise r . ower oits wires temporarily to permit the moving of houses or other structures . Thq_ expense of such temporary removal, raising or lowering of wires shall be ,paid by ` the party of parties requesting the same , and the Telephone Company may require such payment in advance . The telephone Company shall be given not less than forty- eight hours advance notice to arrange for such temporary wire changes . SECTION 4• Permission is hereby granted to the Telephone Company to trim trees upon annT overh ging streets , alleys , sidewalks andpublic 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 5 . Nothing in this Ordinance contained shall be construed to require or pe . t any electric light or pourer wire attachments by the City or for the City. If`light or power attachme are d d C ' or -o arr the City, then a sepate non-contingent pr nt be ' . to such attachments . iviiCr.OFILAAED DATE OCT 6 1978 REEL 11 '�