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HomeMy WebLinkAboutOrdinance 2892 ORDINANCE NO . a� 9� FLED' FOR RECORD 183 FEB ZZ pH 1 WASHINGT01f COUllr Qp AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF T[f>� ) kAtXLDLD YN51SS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY ; A MISSOURI CORPOIQXrg it -�ERE� HAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM ANDD fi L 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 AP- 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 vwhich 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 February 7 , 1980 , in Docket U- 3013 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 fhe 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 an annual sum of $ 137 , 048 . 00 to be paid in four quarterly payments on or before March 31 , June 30 , September 30 , and December 31 of each year . For the year 1983 , the first quarter ' s payment shall be $ 29 , 921 . 00 with subsequent quarters ' payments being in the amount of $34 , 262 . 00 . 1_ 72 893 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 S . 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 one ( 1 ) year ' s written notice of intention to terminate , r c ; /Sf�i y , Approved. jthi"s day ofl�8�(/ Y4ayoi City Clerk � � (� � 894 CERTIFICATE OF RECORD State of Arkamaas !City of Favettcvi; ;,, ss I suzam.c C. cit . Clerk> 'erk and 80 ' - ` I ' :y of Fa et eaille, ' "I It t!:e >>:rl or fore- fiice and file same a Pe:m•s i:; :?:.; i : rua ,., Resolution book p .4-1..Lj--..,t P:�^r. .— �L Winless my hand and seal fb.is. day of 19 _, C' Clerk an x-Officio order CERTIFICATE OF RECORD] SPATE CF ARKANSAS 11.1;;011 Carr; SS. I, Air , i Iyl , , Circuit Clerk ,Washi and EX-0ffkio.Resolder, r. kfit I ' herehycertify that the anneKed�olrrfv,/,.�-- QOinBiliin I�far re=. .:d 41 r.•,j Q,t,"j@ wM��i�O�t � 1�1_o'da�@P.l9, �tvd hh� §� ak§ DWy r"rded in�.e n �reCOfd1Q �� � n AIG M toy hand �a�-and'11 seal thi 3 _3 day of Circuit Clerk and Q.� Ex-0ffic' Record Q. Deputy Clerk ACCEPTANCE WHEREAS ; the City Council of the City of " ` Fayetteville " " of Washington County , Arkansas , did on the - ' 15th""""' day of ` February ' A. D . 19 83 ' ' , enact an ordinance entitled: 2892 AN ORDINANCE WHEREBY THE CITY OF " " Fayetteville OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN 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 " "' ' 15th " ' day of - February ' A. D . 19 83 , 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 . 11th . .. _ .. _ .. _. March . ._ _ .. . _ 19 - 83 . . . Dated this day of , Approved: SOUTHWESTERN BELL TELEPHONE COMPANY enera ttorney1/_4p3 Zy� Vi • ide t-Arkansas Acceptance filed in the office of the City Clerk of - Tayettevill-e - This 31st day of " March A . D . 19 83 City Clerk OliVia A ./felly OR WAKE CHECKS PAYABLE iD NORTHWEST ARKANSAS INVOICE N1) CLASSIFIED 'ADVERTISING F T I M E SWOpRDS TIMES AMOUNT rl 2,12 NORTH EAST AVENUE 05823 FAYETTEV I LLE, ARKANSAS 72701 YOUR CLASSIFIED INVOICE IS NOW DUE. IF NOT PAID WITHIN 10 PHONE: 501 /442-6242 DAYS AMOUNT DUE WILL BE PHONE CLERK 901 — — 00 INDEXING TERMS: ORDINANCE City of Fayetteville AD GIVEN BY CLASSIFICATION \ 102\ Drawer F CODE SOLICITED By OPERATOA Fayetteville SAR 72702 d D V 00 START DATE STOP DATE SKIP SCHEDULE 02 /26/83 02/ 26/83 R6 PLEASE PAY PROMPTLY ^'ORDINANCE NO. 2892^ AN ORDINANCE WHEREBY THE CITY OF FAYETT EVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELE PHONE COMPANY; A MISSOURI CORPORATION : AGREE THAT THE TELEPHON E COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND A LL BUSINESS ' IN ORDINANCENO. :097 AN ORDINANCE WHEREBY . THE . CITY OF ' FAYET- TEVILLE OF THE STATE OF ARKANSAS AND THE SOUTHWESTER ;; ' BELL TELEPHONE COMPANY; A MISSOURI CORPORATION : STATE Of ARKANSAS 1 AGREE ,THAT TMEI,TELE- } a9. PHONE COMPANY. SHALL County Of Washington . CONTINUE TO . OPERATE. tY J ITS TELEPHONE SYSTEM ; AND ALL BUSINESS IN- - CIDENTAL• - TO . OR CON- , N NECTED WITH• .THE CON- I, a hereby certify that I i OUCTINGOF A TELEPHONE am the publisher of THE NORTHWE T ARKANSAS TIMES, a dally newspaper BUSINESS ANDSYSTEM ,IN SAID CITY; AND ERECT having a second class mailing privilege, and being not less than four pages of ANDMAINTAIN" ITS PLANT five columns each, published at a fixed place of business and at a fixed (daily) PCONSTRUCTION NSTRR E NANUCTION ON' : AND ALONGG;; IU intervals continuously in the City of Fayetteville, County of Washington, Arkansas P ; ACROSS ; O N ; OVER ; for more than a period of twelve months, circulated and distributed from an ! THROUGH ; ABOVE AND. established place of business to subscribers and readers generally of all classes t UNDER � ALL� PUBLIC S T R E E T S ; 'A V E N U E S ; In the City and County for a definite price for each copy, or a fixed price per ALLEYS: PUBLIC GROUNDS annum, which price was fixed at what is considered the value of the publication, AND THAT THE CIT SAID L TY; based upon the news value and service value ltcontafns, that at least fiftypercent THAT THE CITY SMALL TY; CEIVE AN ANNUAL' PAY- of the subscribers thereto have paid cash for their subscriptions to the newspaper MENT • FROM THE' .TELE• or Its agents or through recognized news dealers over a period of at least six PHONE. COMPANY; AND • REPEALING ALL' ORDI - months; and that the said newspaper publishes an average of more than forty NANCES '••'' A'ND - AGREE - percent news matter. � MENTS HN'- CONFLICT MEREW ITHi is '+;..'... ..i': ,3 WHEREAS; the City desires to I further certify that the legal notice hereto attached in the matter of "act ' andrimpose; upon' the Telephoto. Company : a tax which Man be idges, l-of all G.Pi �b , a �9a or special taxes, charge;, feeshe usual nerd other meal the usual penaral or speUal '- ad valorem taxes; and • k. GeR was published in the regular daily Issue of said newspaper for WHEREAS,- the•tity;( .re- consecutive insertions as follows: cognizes and . concurs In the purpose and, Intent of-ah'order Of Me Arkansas Public Service- The first insertion on the day o � • 19 Commission entered on Febru- 'ary 7, 1960; in Docket' U-3013 relating to the treatment by the the second insertion on the day of 19 f' Telephone Company of Sit City spactaltaxes; •`r�tt!W.- - NOW; THEREFORE; BE. IT the third insertion on the day of 19 V ORDAINED,. by.,. the_ City Council of ma City pf' Fayet. tvme. irateot r anseathat:r,,l and the fourth insertion on the day 19 - SECTION jasijjeleph: Southwestern successors and assl4 (110 ifs. l M, referred end assigns (herein reflrred•_t0�. 2s.�"T!1lphOne Company"); shall , continue to Sworn to and subscribed before me on this � day of operate 1si tsiephone , systam and all business incidental ting {j > of a treyQ with the conducting and 9 /) �] Of a t In .thu business and System in .the 01 Payee � [evil bof,'- Stele of Arkansas, (herein referred to as "City"). Notary Public The plant- construction and. I appurtenances used In- or In- cident to the giving of fellow My Commission Expires: Phone service and to the maln- Itenance ofa telephonebusiness and, system by the Telephone ICompany in , said. City. shah f remain as tow constructed, I subject to Such Changes all may t.be considered necessary by the CUY.In_theexercise of Its inher- Lent p0ivarf and by the Tole- phone company .in the conduct Fees for Printing _ $ of IM business and' said Tele- i phone Company Shall continue . 49 exorcise as right to place; Cost of Proof $ remove, : construct and re- ,,// Construct, extend and maintain Total _ $ ��vJ , 'Y' lits said' plant and, ' ap - aanances aV the -business nd Purpose for which It It or ,may ba Incorporated may from time t0 . time require, along, across, on, over, through, 2 •above and under all the public streets, avenues, alleys, and 4he public grounds and places within file limits of said City as .the same from time to, time .may be establ fished: SECTION 7. The .Telepnone Company Shall pay to the City an annual sum of $137,049.00 to be paid in four quarterly 71 ments on or before M rth YJune 10, September 0 nand December 31 of each year. For the' Year 1983, the first • quarter's payment shall W ' $79,9$1.00' with subsequent . Dabember 71 of each year,? pR , the '•Ytar - 19a3, rhe firstl quarter's payment shall 'be;: • S29,921 .W with subsequent, • quarters' payments being ;in; the amount of s71,262.00.. ., E;l SECTION 7. , The annual pay' Mont herein required shah be In. lieu of all Other ilcenSas;;l Charges, . tees or Impositions . (other than the usual gelteral+ Or' sPetlal ad valorem taxes) : which may be Imposed by the City under authority conferred by low. - The Telephone Com- pany shall have the privilege of< crediting such sums with any unpaid balance due Said Company for ; IJIGPhone services rendered of facilities furnished to tato Cify. 'fiR (4,, n SECTION til, .The - ,Talepnope Company on the request of any Person Shall remove or raise or' lower its wires .temporarily to permit Me moving of houses or Other structures. The expense Of'SVChatemporari,-mmovat;, raising ;or ]iOwering of`, wirel sha1L'be;�0eltl by the pirryi_ory Parties requesting the Sam@; and the Telephone' Company may require such payment In advance., The 1Telephoni, Company 'shall bi given, hot, less ; than rfortyalgnt .boon advance,not[ce to'irrange for: such temporary wlm chartgea„A SECTION - S. Permission v(Sr� hereby granted -t 'T)t6;�Telea,: pf!ont: Company Ftptnpi Upon Shot mvernebging ltieah, l glleys,.•aidgwalKa. 80Q public:: .places Of -Sold 'City sq .sa�to.' Prevent file, branU!as. ofsoch� trees from `Gifmiag;IA"Contid with the viihr arta "of im of'the Tal@phona'„Companyr,'all M mid trim Ing to be.done under. Mesupetvv onanddirectlonof ' &nYfCItV,0ffIaI ro Wnom'aald; ?dotiaisPoWbeeri V!i'jvba , +SEC'C fte .46 ntalned ha M(e cG nmence o tog lnee erpor._0@, ' tunitrfiee'toregoire,ar permit? any electric ughtb( power,wire;I attachments by the City or for , the City. if Iignt•rOr . power,, att"I'lly ts aro dished by the. ! Gty, it for the city, "Man A , alp ament-non be a{P9enn11111 agrlNrto Such shall` ch • pro- e)4 SECTION to Stan attainmentsrein SECTION + 2. Ibec ng nerals givingconta shall of construed as gluing ro the Telephone COM. Pony any exclusive ftt y prior or nor shall 11 attest any prior or existing tights of Me Telephone Company to maintain a tela• peon@ system S. within the City: : , SECTIONS. gr meet or narfs ' ; f agreements and } parernen ordinances t ane '' agreements rrightt to ane aoperating pho a or right itoperate a telephone Ore her System rep within faltl SECareN % repealed. Tel: SECTION R The. Saidh&II Tela-' phone.,Company .Jnan - have. ninety, Og an afroiOvat after Its p Written antl ptance of. tele ' its written pacepr Cit o lark,” oroleanta'with me CITY acceptance be.' and upon suchromae s all Ingconsidered co si MIs Ordinance shall ail being een in force faking .and and tithe date brie from .antl after the tlafa of Its passage yor. and approval by me Mayor.. The Oct and shah continue N In effect end bee force until terminated e0 DY pa Coy of Me andof any Year as of me . ens o1 any year after giving one tp Year's written notice ofInten . Approved to is ISM til. 1 Approves rms Istn say ai Feb- ' rusty, 1987.: . . Paul R. Noland City C A..kelly t }' ORDINANCE NO . O /off AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN 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 AP- 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 February 7 , 1980 , in Docket U-3013 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 an annual sum of $ 137 , 048 . 00 to be paid in four quarterly payments on or before March 31 , June 30 , September 30 , and December 31 of each year . For the year 1983 , the first quarter ' s payment shall be $29 , 921 . 00 with subsequent quarters ' payments being in the amount of $ 34 , 262 . 00 . 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 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 one ( 1 ) year' s written notice of intention to terminate . � Approved this �S>� day of �i8,�f' (/ y , 19 ? Mayor �) City Clerk ORDINANCE NO . AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN 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 AP- 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 February 7 , 1980 , in Docket U- 3013 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 an annual sum of $ 137 , 048 . 00 to be paid in four quarterly payments on or before March 31 , June 30 , September 30 , and December 31 of each year . For the year 1983 , the first quarter ' s payment shall be $ 29 , 921 . 00 with subsequent quarters ' payments being in the amount of $ 34 , 262 . 00 . - 2 - 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 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 one ( 1 ) year ' s /written notice of intention to terminate . Approved this ��/� day of 1 ,a�.3 , ZV44 0 r ayo City Clerk 0 0 ORDINANCE NO . Q /0/�J AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN 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 AP- 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 February 7 , 1980 , in Docket U- 3013 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 an annual sum of $ 137 , 048 . 00 to be paid in four quarterly payments on or before March 31 , June 30 , September 30 , and December 31 of each year . For the year 1983 , the first quarter ' s payment shall be $ 29 , 921 . 00 with subsequent quarters ' payments being in the amount of $34 , 262 . 00 .