HomeMy WebLinkAboutOrdinance 2531 ORDINANCE NO .
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AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF THE STATEN � ; PZAN$ASnf� 23
AND THE SOUTHWESTERN BELL TELEPHONE COMPANY , A MISSOURI CORPORATION , 1}x."1 f(PRtyr�✓A✓J'Y
THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND C`/ V yE�?R/f.
BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPHONE BUSINESS R/f
AND SYSTEM IN SAID CITY , AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND AP-
C PURTENANCES 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 City Council of the City of Fayetteville ,
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 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 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 . The Telephone Company shall pay to the City for the six month period
beginning July 1 , 1979 , and ending December 31 , 1979 , the sum of $ 60 , 000 . 00
payable in two installments on or before September 30 , 1979 and December 31 , 1979 .
The Telephone Company shall pay to the City for the year 1980 and for subsequent
years thereafter the sum of $ 148',000 00 per annum , payable in quarterly install-
ments of $37,000, 00 , with payments becoming due on or before March 31 , June 30 ,
September 30 , and December 31 of each year . This annual amount ($ 148,000. 00) and
method of payment shall continue through 1980 and thereafter until terminated as
provided for in section 9- of this ordinance .
993 2OA MICROFILMED
DATE AUG 8 _1979
REEL
- z .-
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 , 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 .
SECTION B . 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 .
Approved this /5 - day ofQ.� 19 ;/ /g
,r•'E F NYEI ��, Mayor
U :r ..
E g �;. °�.., (., • .Ciity Clerk
Couc' V
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CERTIFICATE OF RECORD
State of Arkansas t SS
City of Fayetteville n
L, Angela R. Medlock, City Clerk and
Officio 1ecorder for
that the anof=F^ . r .
do hereby
my apis of Fj o :o lc vli
.,
appeears i^ Ordir ante ff •
�
hand
a��
OF RECORD .. . , ,corder
CERTIFICATE cit, c_==k -
p ARKANSAS
ISS. ecorder foT
Ex.OfficloR or fore,
Y!.shin^.ten County Circuit Clerk and at •rte annexed la' day
1 . Alma L. KountyI d hereby cerbiY on the � ,
was filed for record in nY office
Ston CountY� dO M and the same is
p
v oh, strument 19 all, : is"k Q•cm—at pa "449 49
recojaird— 19�
Of
Olt
wit res ed �ndaseal `
Witness mY hand and
circuit andel
_Offici Rec
BY Deputy Clerk
STATE of ARKANSAS
County of Washington as.
I, . . __, hereby certify that I
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily
-er �x ORDINANCE No. 1531 _ newspaper having a second class mailing privilege, and being not leas than
- 'en ordinance whereby the City of Favet^ may require soca payment in adsance. 'ITe1 lour pages of five columns each, published at a fixed place of business and at
ieville of the State of Arkansas and the Telephone Company shall be given not less
Southwestern Bell Telephone Company, a than forty- eight hours advance notice to a fixed (daily) intervals continuously in the City of Fayetteville, County of
arrange for wire Missouri corporation. agree That the or suchtemporary wre changes. Washington, Arkansas for more than a period of twelve months, circulated
company
telephone company obeli continue to SECTION S. Permission is hereby
operate its telephone system and all granted to the Telephone Company to trim and distributed from an established place of business to subscribers and
business incidental to or connected with the : trees upon and overhanging streets. alleys, readers generally of all classes In the City & County for a definite price for
inducting of n telephone business and sidewalks and public places of said City so
as to prevent the branches of such frees each copy, or a fixed price per annum, which rice was fixed at what is
system in midcity. and ercelard maintain P P
its (ant canslruction and a urtenances from coming T contact with the y.wires and
p cable m the Telephone Company, all the considered the value of the publication, based upon the news value and
along. across,lie ova. through, above and said trimming to be done under the super- service value It contains, that at least fifty percent of the subscribers
under all public sVeeb, avenues. alleys, ' vision and direction of any City official to
yublic grounds and places in said city, That whom said duties have been or may be thereto have paid cash for their subscriptions to the newspaper or its agents
the city shall receive an annual payment delegated.
tram the telephone company, and repeal- or through recognized news dealers over a period of at least six months ;
Ing all ardinanca and agreementa In con- SECTION 6. Nothing In this Ordinance
flict herewith: contained shall be construed to require or and that the said newspaper publishes an average of more than forty percent
permit any electric light or power wire eb
WHEREAS,upon t e Citydesiresp nod taxi tachments by the City or for the City. If news matter.
impose upon e i Telephone Company n tax light or pow" attachments are desired by
which shall be in lieu of all other licenses.
charges, fees er special taxa other than the City or for the City, then a separate I further certify that the legal notice hereto attached in the matter of
i now contingent agreement shall be a
the usual general or special ad valorem prerequisite to such attachments.
taxa, and SECTION 7. Nothing herein .contained
WHEREAS, the City recognizes and can- shall be construed as giving to the ws n ✓/ n
cuninthepurposeandinlentofanorderof Telephone Company any exclusive . . C2'£2U.'�r_-.'f�...z�s
the Arkansas Public Service Commission privileges, nor shall it affect an prior or
entered on December 10, 1957, in DocketU-128existing rights of the Telephone any
Telephone relating to the treatment by the to maintain a telephone system within the was published in the regular daily issue 01 said newspaper for
Telephone Company of all City special City. ' '
laze: - consecutive insertions as follows :
NOW,THEREFORE, BE IT ORDAINED I SECTION 6. All other ordinance and
by the City Council of the City of FayeM I agreements relatieements and gpartsto the operating of be
teville. Stale of Arkansas dust: ht to ri ate stem within The first insertion on the .-� . . .-..---. day of 7
SECTION 1: The Southwestern Bell6 lir a telephone Y _ _ '�"{•"------ 19---'--/"--
Telephone Company, its Succession ami said City are hereby repealed.
ami (herein refitted to as "Telephone SECTION 9. The said Telephone Com-
Com
apt' the second insertion on the da of __---___._ ._____ 19._-
tel=es shall continue su operate its puny shall have ninety (901 days from and --- -------------------- y --------
W e system end as business mclof 2 after its passage and approval to file its
IS] is or connected with Me mrduding ora; whiten acceptance of this chaceptance na the third insertion on the da
the City Clerk. end upon soca acceptance ------------------------_--...- y Of ---------------------------- 19------------
telrylwai business and system in the City being filed, this Ordinance shall be cons
of Fayetteville, Stale of Arkansas, thereinrefssidered as laking eli"1 and being in force
Ban need taxa ommuesuadmoriplant mirue- from and aft" The date of its passage and and the fourth Insertion on the .__. ----------------- day of .____ _-.__._.._-_
td44 appurtensnwea userinerbeldeol approval by Use Mayor. The ordinance
Idl1a ghMg of Wepasrc Swln and b the shall cantinue in effect and be in force until
mkinlaaaee of a teleplwne'bmiaas and terminated by the City or the Telephone
galmm M ted TdFfwoa ComWnY in said
Q YuII Company as of the end of any year after
IY reining a row may
be const sub-
J"t W such Menges as may be considered giving sixty (cot days written notice of in.
neceamry by the City N the exercise of its tention to terminale. J
iMveni. powers and by the Telephone Approved this 15th day of slay, 1979.
Company in the conduct of its business and David R. Alaione Sworn to and subscribed before me on this -- day of
said Telephone Company shall continue to 'MeYor
exercise its rights to place remove, con- Angela R. Medlock t
slruet and reconstruct. extend and main. City Clerk
Ile 16 --- `
lain its said plant and appurtenances as the ". . ' , : �'. , ` ._-.-._._._...--_. -. .-----.....- __ _---
__ ___.
business
incur an purpose for whim itis or may
ab incorporated may from time to time re, �tw.f�is/
quire, along, across, on, over, through, - �yLP.L-I'SZI�/
above and alleys,
all the public streets,
avenues, alleys, sad the public City as Notar ublic
and plica within the limits i said City be
the same from time w time may be
established,
SECTION
SECfION 2. The Telephone Company My OIDmiasiOn Expires :
shall pay Wthe City for the six month
period beginning July 1, and ending
December 31, 19'19, the SUM
of or before
payable in two 79 and a ce an m beforeT79.
he Sep
Telephone
el er 30, 1Co and December 31, the
The (or the year
Company shell pay q the _
City thereafter ire year 19x0 and for subsequent -- � Q
years . pablin sumer y14isa1o.00 p" Fees for Printing ..._... ;..-_l.-.__._
annum. Payable in quarterly installments -----
lof 537,000.0. with payments becoming due
n or before Match 31. June M. September) Cost O1 P[OOl _... ---
rc $.
. and December 31 of each year. This an-
nual amount ($146,000.00) and method of�
payment shall continue through IM and Total ......._ ------
thereafter until terminated as provided for -------
in Section 9 of this ordinance.
SECTION 3. The amass payment herein
required shall be In lieu of all 'other
license, charges, fees or impositions
(other Nen the usual general or special adl
d by
valorem taxa) which may be fin
Ne City under authority conferred by law.
The Telephone Company shall have they
privilege of crediting such sums with any,
unpaid balance due mid Company for
telephone service rendered or facilities
furnished to mid City.
SECTION a. The Telephone Company on
the request of any permit shall remove or
rains or lower its wire temporarily to per
mit the untiring of houses or other sec- i
.lures. The expense of Such tempora
removal, raising or lowering of winesshary
ll ,
be paid by the nY orpo sties "quadng .
the same, .and .the TrlephoM .Comparyl