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Home My WebLink AboutOrdinance 1167 ORDINANCE NO *W/ AN ORDINANCE WHEREBY THE CITY OF F THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHOiZ COMPANY, A MISSOURI CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE 1TS TELEPHONE SYSTEM AND ALL BUSINESS IN- CIDENTAL 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, AVENUESs ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND RE- PEALING 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 December 10 , 1957 , in Docket U-1281 relating to the treatment by the Telephone Company o£'alr-Ci.ty-special taxes - NOW, THEREFORE, BE :IT ORI)AINED by the City Council of the City of�E�Te V�/l LVV l f , State of Arkansas that: SECTION 1 . The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "Telephone Company" ) shall con- tinue 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 /��;�G V�/ / - State of Arkansas , (herein referred to as "City" ) . The plant construction and appur- tenances 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 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. A"'CRO F/( DATE MED REE(. i ., - 2 - SECTION 2. The Telephone Company shall pay to the City on or before March 1, 1958, for the period January 1, 1958, to December 31, 1958, inclusive, and thereafter for like periods on or before each March l an amount determined by multiplying the number of telephones within the corporate limits of the cityy as of the last dav of the preceding year by the sum of $ AV,1 NE EJ -6 IV Cevrs -. 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 forty-eight hours advance notice to arrange for such temporary wire changes . ' SECTION 5 . Permission is hereby granted to the Telephone Com- pany to trim trees upon and overhanging streets , alleys, side- walks 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 con- strued 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 maintaina telephone system within the City . r e - 3 - 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 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. The Ordinance shall continue in effect_and be in force until terminated by the City oT'the-Te'1_ephone Company as of the end of any_year after giving notioe`of-intenti�on to terminate . o Hy s P//SS� D HNDApproved this day of 2*!! , 19 -- Mayor P (4',iW Clerk ACCEPTANCE WHEREAS , the City Council of the City . of._. . Fayetteville ofv Washington County, Arkansas, did on the . ..day .qf. MayA. D . 19_ 58 , enact an ordinance entitled: (Ordinance No . 1167. ). AN. ORDINANCE_WHEREBY THE . CITY..�_ . FAYETTEVILLE OF THE . STATE OF ARKANSAS AND THE . SOUTHWESTERN.. BELL TELEPHONE COMPANY, .. A. MISSOURI_. CORPOBATION, AGREE THAT THE TELEPHONE- COMPANY. SHALL. CONTINUE.. TO_OPERATE ITS. TELEPHONE SYST&A AND ALL. BUSINESS.. INCIDENTAL! TO ..OR. CONNECTED.. WITH THE_ CONDUCTING. OF A TELEPHONE_ BUSINESa AND. SYSTFM _1N. .SAID. CITY, AND- ERECT AND,MAINTAIN 1T5-PLANT W146TRUCTION AND.. APPURTENANCES. ALONG, _ ACROS�s, .ON, � UVER, .. THHOUGH, . 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 . AGREEMFJTS_ IN. CONFLICT HEP04ITH : and GIIiEftEAB, said ordinance was on.. the.__ 12th _day ,of_. ^trap__---A . D . -� 19 .58 , duly approved and signed by the Mayor of said Citry and the seal of said City thereto affixed and attested by the City Clerk : . NOUI, , 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 , ry Dated this. .. . . day, of_. ^ x19 :�i� /5 Approved : SOUTHWESTERN_ BELL. TELEPHONE.. COMPANY BY OTT _General Attorney Vice Presidenan - -General Manager Acceptancefi ed in the office of the City Clerk ,o n This, ov __.day of, ---------_A . D ._ ;19L4.0�--------- —*ltvTe l