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 .
