HomeMy WebLinkAboutOrdinance 2990 ORDINANCE. J3Q�F 2n0
AN ORDINANCE AMENDING ORDINANCE NO , 2892 TO AMEND THE
TERMS AND CONDITIONS UNDER WHICH SOUTHWESTERN BELL
TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS
TELEPHONE SYSTEM WITHIN THE CITY OF FAYETTEVILLE ,
ARKANSAS , AND TO AMEND THE AMOUNT OF THE ANNUAL
PAYMENT MADE BY THE TELEPHONE COMPANY TO THE CITY .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS : co
n
Section 1 . That Section 1 of Ordinance No . ?r,892E1s v
hereby amended to read as follows :
Section 1 . The Southwestern Bell Telepho&e . _ M rn
Company , its successors and assigns ( herein n '_ o 0
referred to as " telephone company " ) shall cori�_ inue
to operate its telephone business and all bus,�{° rieas
incidental to or connected with the conducting -6' f '
a telephone business and system in the City of
Fayetteville , Arkansas , ( herein referred to as
" city " ) . The plant construction and appurtenances
used in or incidental to the giving of telephone
service and to the maintenance of a telephone
business and system by the telephone company and
said city shall remain as now constructed , subject
to such changes as may be considered necessary 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 , roads , highways and alleys within the
limits of said city as the same from time to time
may be established ; provided , said streets , avenues ,
roads , highways and alleys , as now laid out or as
hereafter established , shall not be obstructed
thereby , and the telephone company , at the telephone
company ' s own expense , shall relocate its facilities
upon written request from the city to remove or
prevent any such obstruction .
Section 2 . That Section 2 of Ordinance No . 2892 is
hereby amended to read as follows :
1103 634
Section 2 , Beginning in 1984 , the telephone
company shall pay to the city for the period January 1 ,
1984 , through December 31 , 1984 , inclusive , and there -
after for like periods an amount equal to 48 of the
access line billing within the corporate limits during
the preceeding year , or $ 137 , 048 , whichever is greater .
Payments shall be in equal quarterly installments on
or before the last day of March , June , September and
December of each year .
Section 3 , The telephone company shall have ninety
( 90 ) days from and after the passage and approval of this
ordinance 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 .
PASSED AND APPROVED this 6th day of March
1984 .
APPROVED :
Mayor
w.
BY :
C tty Clerk
CERTIFICATE OF RECORD
STATE OF ARKANSAS ss.
Washington County
I, Alma L. KoHmayer, Circuit Clerk and Ex-Officio Recorder for .
Washington County, do hereby certify that the annexed o,1rlfo re
going instrument was fileo for qreCcoyrd in my If on thay,
Of 1 ._,2.Qn+clock , and the same isduly recorded in _ 11 record
Witness my hand and seth' ay _y-a�lT
Circuit Clerk and
x-Officio ecorded
BY
Deputy'Clerk
1103 6� 5
CERTIFICATE OF R);Cbtt1Y
State of Arkansas SS
City of Fayetteville
I, Suzanne C. Kennedy, City Clerk and
Ex-Officio recorder for the City of Fnyette0i'iltlt
do hereby certify that the anticked or fore•
going is of record iri fity office find fhd 9-anie age
Veafs iri Oftfiiidricd d Ilesoldfion bodk
- V- -at Pad - Wititdss tiiy
Hdlid dii i se it t1us of
i �ierk and Ex• f cio Record
ACCEPTANCE
WHEREAS ; the City Council of the City of Fayetteville of Washington
County , Arkansas , did on the 6th day of March A . D . 19 84 , enact
an ordinance entitled : 2990
AN ORDINANCE AMENDING ORDINANCE NO . 2892 TO AMEND THE TERMS AND CONDITIONS
UNDER WHICH SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO OPERATE
ITS TELEPHONE SYSTEM WITHIN THE CITY OF FAYETTEVILLE , ARKANSAS , AND TO AMEND
THE AMOUNT OF THE ANNUAL PAYMENT MADE BY THE TLEPHONE COMPANY TO THE CITY .
and
WHEREAS , said ordinance was on the 6th day of March A . D .
19 84 , 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 3rd day of May 19 84
Approved : SOUTHWESTERN BELL TELEPHONE COMPANY
eneral rney President-Arkansas Division
Acceptance filed in the office of the City Clerk of
This �{�f ` day of A . D . 19
City el
rk
287
a� 9�
Fit ED
ORDINANCE NO . FCR
(` rnn
j T3 FEB Zt
J ) :;
AN ORDINANCE WHEREBY THE CITY OF Fayetteville OF THi ;'S'TA 't OF�.3tRXANSAS
AND THE SOUTHWESTERN BELL TELEPHONE COMPANY ; A MISSOURI CORPOIQI'P,ZqN1 �pLZ gg �j'HAT
THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTE74 AID ��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 UDDER ALL PUBLIC STREETS ;
Co AVENUES ; ALLEYS ; PUBLIC GROUNDS AND PLACES IN SAID CITY; THAT THE CITY SHALL
m RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY ; AND REPEALING ALL
V ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH :
WHEREAS ; the City desires to enact and impose upon the Telephone Company a tax
Q 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
1 taxes ;
1 NOW ; THEREFORE; BE IT ORDAINED by the City Council of the City of Fayetteville ,
JI 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 1993 , the first
quarter ' s payment shall be $ 29 , 921 . 00 with subsequent quarters ' payments being in
the amount of $ 34 , 262 . 00 .
X 1_0 T? 893
28S - 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 1
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 .
44 Approved �.Sf� day of
ayo
City Clerk 72 s,94
290 ' ° .
ACCEPTANCE
WHEREAS ; the City Council of the City of Favetteville 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 Favetteville OF THE STATE OF ARKANSAS
AND THE SOUTHWESTERN BELS, 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 . HERII9ITH:
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 .
Dated this 11th day of March 19 83
Approved : SOUTHWESTERN BELL TELEPHONE COMPANY
enera ttorney Vigo-7Pjr _ ide t-Arkansas
Acceptance filed in the office of the City Clerk of Fayetteville
This 31St day of March A. D . 19 83
City Clerk Olivia A . elly
AN ORDINANCE AMENDING i
ORDINANCE NO. 2892 TO i
AMEND ,THE TERMS AND
_ CONDITIONS UNDER WHICH -
TOUTH %VESTRN BELL
ELEPHONEECOMPANY � -
SHALL CONTINUE TO
OPERATE ITS TELEPHONE STATE of ARKANSAS
SYSTEM WITHIN THE CITY 99.
OF ' FAY E TT E V I L LE ,
ARKANSAS;AND TO AMEND County of Washington
THE AMOUNT OF THE AN-
NUAL•PAYMENT MADE BY
THE TELEPHONE COM-
PANYTOTHECITY. '
BE IT ORDAINED BY THE am the hereby certify that I
BOARD OF DIRECTORS OF publisherof THENORTHWE ARKANSASTI\IES, a dailynewspaper
THE CITY OF FAYET •' having a second class mattin
TEVI LLE,AR KANSAS: � e_ ); g Prit'tIPgP, and being not less than (Our pages Of
Section L That Section Lot five columns each, published at a fixed place of business and at a fixed Idailvl
Ordinance No. 2$92 is hereby intervals Continuously in the City of Fayetteville. County of Washington. Arkansas
ameOded teres* Southwestern ronOws: for more than a riod of twelve months, circulated and distributed from an
+%aectlon oroaesfollo �
Ball Telepnem Company,.lts- established place of business to subscribers and readers generally Of all classes
earceeMOrs and assrons-therain in the City and County for a definiterice for each copy, or a fixed price per
referred 'to re —" M
aphOp
compsnylp. anally
. .lot Phone
annum, which price was fixed at what is considered the value of the publication,
operate its telepho a business, based upon the news value and service value it contains, that at least fifty percent
OW oil business Incidental tow of the subscribers thereto have aid cash for their subscriptions to the newspaper
connected with 016 cerlduCfitlp P
of a telephone business and or its agents or through recognized news dealers over a period of at least six
system In the Clty .Cf Fawf-' months; and that the said newspaper publishes an average of more than forty
teville, _Arkansas, -(hereln rd- percent news matter.
,'
ferred,toas •city'7ts
-,Thv.pnt.
construction4and ap .,.
puental t thesed . 7n;urtin-; I further certif that the legal notice hereto attached in the matter of
Phonal to the 9lJo t s, talo, y g
fiman soof
a e end ro th urines'
and Sy tea telephoneof iephonf ^ y
ora any an by id City sane
company and acid City snail /(
remain "H ` faoW ,'cOeMhueted,
Subject to such changes as may was published in the regular daily issue of said newspaper
be censtdered necessary by the P £ for
telephone - Company In the consecutive Insertions as follows:
conduct Df Its business and Nld
Wep1111w t - company snail con•
Blue 'ro move, C Itsns richt ro The first Insertion on the day of v �•'xr 1.. /, 19
peach ruct6 extend andG1 and
talnrec1 5 , Sat.id
!%flan and main-
tain us seta Diant and air the second insertion on the day Of 19
and purpose
or the business 15 or
and purpose for which 11 ism the third insertion on the
may to lift* ated
e, along. da\' of 19
time to Tifne reptrin, along,
aerosi, on• Over,- through, and the fourth tAinsertion e _
eaow end all all me public da ( 1_ y
streets, -avenue; roads, [`rte`—/e_►_ `A
highways ata alleys within the
-ti sold city as tea same
from
Nom .time to time may be
established: providod, .."Id Sworn to and subscribed before me On this
'streefs,:t:avanues„meads. day of
hlghwAys:and .alteya, a how, '/
laid Out err, as hereafter 'iL9 9d Y
established; sholl.zaot • Der
obftructedathdreay, a sea . the
telephone .:company. `at the'
telephone cOm iOny'a own.
expenee,shalt rolocate'Rsfacit-; NMary Public
inn�pwit_ NrlitOa raggest from.
ty c0. ranmve,oy priventa My Commission Expires:
ys cs n�Owrnaction”. A&12�:
if
i3-aTNt.;s.ctlen.2
OtdIMllca ,i/o.� 2a92� is ,hereby, 7 ,
9 -� -
amataed to re as as rollows:.
.esectiOn 7.eBWbaUq U1.19$e.
thaJf teptlmaa„tbRlpagy..afrall,
Pay to fin, clh'fPr /Mperiod' l
Janu ary `l:'1986"tNDargh 'Dtr;
umbar 31, ins' IneNsiw' ano Fees for Printing
thereafter ter litre porioas on, g
amount equal to 4 percent of,
the access UM billing within . Cost of Proof j
the corporate'limits during the ,
Preceeding Year, Pr $137.048, t/ ,\
whichever is greater. Pay- Total7� w
manta shall be. In. obual.
Quarterly Installment% on or
OW" if* laat•day Of March;
Nne„ September - and, _Do-
Eember ef each year.
t Section %. The , telephone
company shall haw ninety (90)' i
days from and after the i
Passage and approval of this
Ordinance to filo its written ! - -
acceptance Of this ordinance
with the City clerk, and upon
- ouch acceptance being filed,
this ordinance shall be consid-
ered as taking effect and being
Wforce from and after itis date
Of Its passage and approval by •'
the mayor.
PASSED AND APPROVED E34
this 6th day of March, 1984. -
BY: Paul R. Noland
.' Mayor gCCOli:s iS f ra r , _ _ -
rATTEST. � -
Sea
. . nw .
MAKE CHECKS
0Y2 7: ' NORTHWEST ARKANSAS TIMES NAM U
N o . tdASSIFIED AD ER,,.I
LINES TIMES �-/AMOUNT
P. O. DRAWER D FAYETTEVILLE, ARKANSAS 72701 zm?k "- / S.
212 NORTH EAST AVENUE PHONE (50) ) 442.6242 YOUR CLASSIFIED INVOICE IS
NOW DUE. IF NOT PAID WITHIN 10
DAYS AMOUNT DUE Wlll BE
PHONE CLERK
ISDE.uNO iFDY3
ORE : : J.-NCE
City of Fayettev . lie
' 1y.•-, . ADavEN BY GUSSM uiroN
Drawer F
Fayetteville rAR
72702 D V QO
STOP DATE yuP SOeEDILE
03 / 19 /8 03 / 19 / 4 R1
- - PLEASE PAY PROMPTLY
" CR. DINANCE NC . 2590' F.": ORDINANCE A!AET¢pIN GKDIiJa!dCE NO " 2892
TO A: I THE T2_RM3 At'4D '; Gl4D I T IC'•4S UNCFR N.' iCY, OUTHUESTERN. SEI.
L TEt_EFFQjiJE CG;o4p4 '4Y '=HALL n_ G,, ' T=2 TF_ ITS TELFT > ((]NE S
'E TEM IJITHIN TH= Cii'Y 17'- FAYE ;TE'r1I` E , rd :"r. A[ 4D To AMEND
THE Ai`OUi4T GF f' .
nx.: ) nj
21534
ALCOUNTS PAYABLE