HomeMy WebLinkAboutOrdinance 2257 S
ORDINANCE NO . ' as s
76 AUG - 3 ph 7:
AN ORDINANCE WHEREBY THE CITY OF FAYETTEVILLE� UF�!� HE @TATE,
OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COQ f !' ,1CJ
•Ar
MISSOURI CORPORATION , AGREE THAT THE TELEPHONE COMP ILLYl
CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS JINCIDENTAL
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 December 10 , 1957 , in Docket U- 1281 relating to the
treatment by the Telephone Company of all City special taxes .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF FAYETTEVILLE , STATE OF ARKANSAS , THAT :
Section 1 . The Southwestern Bell Telephone Company , its suc-
cessors 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 Fayetteville , 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 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 ' s tax obligation to the
City for the year 1976 shall be $ 75 , 000 . 00 . Said amount shall be
payable according to the following schedule :
( a ) $ 56 , 250 . 00 on or before December 31 , 1976 . It is
understood that sums previously paid by the Telephone Company
to the City in 1976 pursuant to ordinances then establishing
the tax obligation for the Telephone Company shall be an offset
to the tax established by this ordinance .
( b ) $ 6 , 250 . 00 per year for, three ( 3 ) years , beginning
January 1 , 1977 , in equal quarterly installments payable on
or before the last day of March , June , September and December
of each year until the sum of $ 18 , 750 . 00 is .paid in full .
Beginning in 1977 , the Telephone Company shall annually pay
to the City $ 100 , 000 . 00 . Said sum shall be in' addition to any
deferred payment of the telephone Company ' s tax obligation for
the year 1976 and shall be paid each year in four quarterly install-
ments on or before the last day of March , June , September , and
December of each year .
ottc;A 912
04
MICROFILNO 6 "yJl
DATE
• REED
CERTIFICATE OF RECOR6
State of Arkansas
City of Fayetteville i SS
1, Susanne C. Kennedy, City Clerk . and
Ex-Ofii,:io recorder for the City of Fayetteville,
do herebY certify that the anncscd or fore.
g�nnl: is of record 'm my office and the same ap-
pears in Ordinance & �Resolution hook
y at page'_ — Witness my
Page—
hand and seal this .
—day of
— — -- - lei
City cleric ,. -
'v
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
Company 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
construed to require or permit any electric light or power wire
attachments by the City or for the City . If light or power attach-
ments 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 .
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 sixty
( 60 ) days written notice of intention to terminate .
PASSED AND APPROVED THIS DAY OF 1976 .
7
t? MAYOR
`ATTEST ` • <• `
ZITYi 6
P
635
ACCEPTANCE.
WHEREAS , the City Council of the City of Fayetteville of Washington
County , Arkansas , - did on the 20th day of July A . D . 19 76 enact
an ordinance entitled : 2257
AN ORDINANCE WHEREBY THE CITY OF Fayetteville _ OF THE STATE OF
ARKANSAS AND THE SOUTM-TESTERN 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 :
and
WHEREAS , said ordinance was on the 20th day of July A. D .
19 76 duly approved and signed by the Mayor of said City and the seal of
said City thereto affixed and attested by the City Clerk:
NOW, 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 .
Dated this 26th day of July 19 76
Approved : SOUTIRTESTERN BELL TELEPHONE COMPANY
SGP Cerner By
General Attorney Vicer sident and General Manager
Acceptance //filed in the office of the ty Clerk of la 104tof/Plaz 4-1115 GS
This cPfA day of _ u ,t-z A .D . 19 76
City Clerk
Gam✓
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing isa true and correct copy of the Fayetteville ,
��p
Arkansas , IYAJt_uhi✓t ( PJ yo\s / therein set forth ,
and the same is as it appears of Record in// ''
/�- -'4- - Volume
at Page thereof .
i
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
seal this � / �i day of
r' P( SE � 1 )
r ' CITY CLERK
f
80' 1912 636
OF REOO�v i°�
Re`O`de
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PNs� p\el than e °^ esa e4/[ted
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ha
By
STATE of ARKANSAS
County of Washington Be.
1 , 0�r1i. ASCE NO, zt5`
!) MANCE WHEREBY THEI LooitAI
)F FAY/ArrP.'VNy$ of THEI, �_ hereby certify that I
Of ' ARKANSAS AND THE
zi,rL ,'Ins- ZN aELL TEIATIllulf am the Publisher of THE NRTHWEST ARKANSAS TIMES, a daily
COMPANY ,AcnVF MISSOURI Ty I paper having a second class mailing p ,Unews g prlvllege, and being not lees than
for ONE COMPANY SHALL ! four pages of five columns each, published at a fixed place of business and at
CONTINI' E TO OPERATE ITS
TELF.PAOM SYSTEM AND ALL ! a fixed (daily ) Intervals continuously In the City of Fayetteville, County of
RUSINN INCIDENTAL To OR Washington, Arkansas for more than a period of twelve months, circulated
CONNE(TIOD WITH THE fbEx]WrD'FG
OF a ..pbF�xoNE Bu E88 AND and distributed from an established place of business to subscribers and
Sl'SrE!ey M 5.11D CITY, D ERECT
Asn ►WNI'AIS ITS ODN. readers generally of all classes In the City & County for a definite price for
SPR! DN yNn ANCFS each copy, or a fixed rice
A 1, 0 , 4 NCH( q. OVER, p per annum, which price was fixed at what is
T"R^Ir°x NFIA I� INTI DNDn+ ALL r yyty� �� pg�,y��g onsldered the value of the publication, based upon the news value and
Pt IU, 1C STREIH: I S. AVENUES, raqulr be In !leu of all other
ALLEN'S. PORIAC GROUNDS AND ervice value It contains, that at least fifty percent of the subscribers
Pf %('FS •IN SALT CI'r1'• THAT THE lie fees an Impodlbns
('ITN SHALL RRCEIVE AN ANNUAL, f4n'e'' aaud general or aPecidIr
hereto have paid cash for their subscriptions to the newspaper or its agents
PANbili FROM THE TEL at tan) which nap, beim, through recognized news dealers over aCOMPANY, AND REr RACING b by City under authalilYperiod of at least BIZ months ;
OROIN'ANCEI9 .AND AGREEMENlw by law. The TtlepRea and that the said newspaper publishes an average of more than forty percent
CONFLICT HEREWPIR. .M . ny shall have the Privilege of
-WDERTA.e, the dealers Its 91 s sums with any uttWid news matter.
6 ilD]ICse u��ppopn� Teleph40
jance dW+ M Compnn, [.telephone
alla tea wide %'" AR he n d►a. s Kd ^4 or fa I further certify that the legal notice hereto attached in the matter of
all other licensee charges. neer n Clly. 1
speriel tab's. elaalf Chea 1M ostial Scotian f. The Talagbenr Cobapany on
gepeml he apstdd. y:. valorem taxes, the request of say person sheep remove '
and , „e, or r;rise m lower Its wlres /snporaray r—.
WHEREAS. the CRY OTIRO ices and to permit the moving of houses or other 1 No p���F�
concurs In-,'gel:-OugnW dM intent or, 'iilmaoc. The etarle of such tem- _ �m'_>,`.ae- ------- " -.-- ---. — -----------
41111 M the Arians Publa service, Prrai' r,macal, rai.inr or lowering of
corwlussion eigetM m December lo, knot , shall be paid by the Purty or
Hl in Decker u INN relating he the peruse requesxnF the same, nal the was published in the regular daily issue of said newspaper for
treatment cl nee the house. a CPmpeny Telephone Daltipany Inc require such Insertion as follows :
M O Cily special taxes. Colmenl sh advance. The Telennotb
NOW. THEREFORE:, HE IT OR Companyshall be given nM less than
DAFNlEDIRECT R]' THE BOARD OF fora eight hours advance notice b The tire[ insertion on the __._ .. day Of ._1!a i3.A.Ae------
DIRECTORS O}' THE CITY OF, .vn\ eight
for such tvance try wise - --- ------- AV
FAYETTEVILLE , STATE of eh'maps.
ARKANSAS. THAT: Semon 5. Pptmissi•u Is hereby
Section 1. , The SoulhweWm son mauled to' the Telephone Company b [he second Insertion on the - -------_.----- day of _. ...__.___ 1p------------
Telephone Con exaso, its aceayors and 4 trees upon and overhandng streets,
vaslgns (heMit referred �p as alleys' sidewalks and nllc platys of
lepone
"TehComp ,,) abw shown. to sold City w es to Prevent flee brandies the third insertion on the _ ___ day of 19-
ePeratr telephone syglem ted all o such tl of tram morn¢ h conbet
ns with the wires end ,aloins of the
Ourand Sit ofm es y t'oMacted with
' incidental of b telephoa business anlophora Onmyr ' as tar eatd -etmt. and the fourth insertion on the ._..
coOf ok i'.`, rIaI wore u M is mvler oy wws'gdm _._............. day of __..-_..-_........-..- 19..._._._
a Ae '�
end rysaem the nt5' M trbastion xan m
State o[ :Ar t,mas !herein referred b d M anD nV MRcI'ee b /AN /�
as LYR' , '1 'e lent cpnatepetion and Ge de!� bays nem or mtO (�Nial/t�J(�,tA(/yY
^ al b�.att m Section s. Nothing m fills ordinance
floe mailu f t h sends and b aontabbd alf be conotruai to Maine
tM mYsten f e felePhoa business ge Permit anly electric night or power '-
antl y ten F D Tel hone Company wire. atlnchmmts by the Cdo pr
x&.nnieda o 1
to Teri ochi a�a1o0{We� ae the City If light or Power Sworn to and subscribed before me on this _ 30
Wray be d nee cosi by ,rent are
r nem a by the separate fer frM flee Catty. - _--._.... day f .__..-_..
O
fLLv r I LLa P npuaondn
nipµ r telephones Commomy kRreement shall be a Premluisits b .
m th '.meas gpd seed &tell atticbments. .._ 11) Z�-
_..-
ned
Telep an tl 11 continue to . Section T. otthd herein roto the
xe - d l glare remove, dtall M coroad tl as MvloR to Me
r r is t, extend and TeloPeone Company agy ezrltMive
i r : lit fila Styptic I leges, nor shall it effect .any . prior Vol �'0� /yL(Q
_- ....—_Si
•for i - ill, sand pe¢Pgse C exisUn¢ rights M the Telephone
(for ii i. r ,be mtapn�ated nm Pam' to maintain a telephone system NO Public
may from r rr. n requ,m. alone, within the Qty'-
anm'o. on r r filon. ...not 4 i on a aR nether ordfinaneea and.
troffer all a aleyc [ ala and narts of ordinances and
And Ins pu Fir e Dusan �11 pinr,Pc nitnir ,gree hers rebtln¢ to the operating of My Commission Expires :
fie hint, IrA cl Grp A, top ams or riphr b, i a telephone system
front [oro ill TIT114i ma - n t o ! art. r ' - 'rent CoxThe a hereby [Healed. --C JC�
Serra 2 110 Teleph[ ne Chepaear 5l a e Try IdTeleplys mmpand ]/
fax obligation m the City for the Yrer hell i re Passage
(881 days fmm and -- -
Shor eM1eR M ►le AW.Mbiltba ding amount iter is passage end f aria f to tae
fhdl M he ole hrcorNg► b the its written sty "fent of lura and A ce
fol01) let schMWo: Acct titlan City tlaili loot span Bach
(ne rsa,aIti on or before Dation, .„ptrbe rn tieing this Crel Rtt Fees for Printing ..------ i_5a•��
Acceptance
Pr oust It i understood that arms ► iahing effect and
Candpory Paid M' the Telephone of gab mom eh& Mer the dare
CpmPADy b the Ct4' H 1818 Pursuant pestis and (Shan l by the
h orahantet Men esfehllshinF the fax Maymm. TM orelnante shall continue In Cost of Proof __...__... ;-.....,..._-._-_--.,_.-
ohligstion for the Telephone Cnmpam effect aid M In force until terminated
shall be an Moet b the tax e.mbbshn' Er Cal iba Its one Comuaey S�
by Iha cedirrm< as of the sty1� any year after StWng Total ....._----- `-'�
rbc ts.me011 par year lips- (brae (3) sixty agi �1f Written notica of b- S—._.._.:_._..
!caro, baglmhtg January f- I.". in �
equal quartmly ireataBryema psgabt0 m PA FwY•RROVED THIS e H
(or Ibfere the Tart dais of Marc ]Wee. DAY YD1.TV1//6
September and D2t'e SIDE.. Of each year Msraon R Ortm
until the sum of IIs.TjpI yrs, paid tp MAYOR
toll. A.m,wrt
Scanning he ISA]. IIAn! j�ya '
Company' shall annually pqy She Ca% ITB 8
$twoany sofa .urn Mall ba of the
b any deferCondi ra tax obligation
the
o
ne C76 and
tax obligation rt
tM year 18;6 metl Tly M nigra each
Hes In four quaas day fvMarch, J m
Se hefcre Hee aa e.-H M March ohno.
September, and DeucmMr of each year.