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HomeMy WebLinkAboutOrdinance 2531 ORDINANCE NO . g�y ✓Ul/ .1 �e OFi C 2 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 • 1 v' 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