Loading...
0727 PAGE ~ ORDINANCE NO. 7 2 7 AN ORDINANCE WHEREBY THE CITY OF JACKSONVILLE OF THE STATE OF ARKANSAS AND THE GENERAL TELEPHONE COMPANY OF THE SOUTH- WEST, A TEXAS CORPORATION, AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS 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: 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 Ser~ice Commission entered on December 10, 1957, in Docket U-1281 relating to the treatm.ent of the Telephone Cornpany of all Ci ty special taxes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. That the rights, privilege and franchise be, and the same is hereby, granted to General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Com- pany," and its successors or assigns, subject to the terms and conditions hereinafter set forth, to construct, erect, build, equip, own, maintain and operate in, along, under, over and across the streets, alleys, aveneus, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits, and other appliances, structures and fixtures neces- sary or convenient for rendering telephone and other communi.- cation services and for conducting a general local/extended area and 10ng-distance telephone business. SECTION 2. That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the flow of water to any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The 10cation and route of all poles, stubs, guys, anchors, conduits, and cables PAGE 3 PAGE TWO ORDINANCE NO. 7 2 7 to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone system in the City, and the 10cation of all conduits to be laid by the Tele- phone Company within the limits of the City under this ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City of Jacksonville or of any City official to whom such duties have been or may be delegated. That nothing in this Ordinance is intended to add to or detract from any authority granted by the Legislature of the state of Arkansas to the City. SECTION 3. That the surface of any street, alley, highway or public place within the City disturbed by the Telephone Com- pany in building, constructing, renewing or maintaining its tele- phone plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the City of Jacksonville, or of any City official to whom such duties have been or may be delegated, for one year from the date the surface of said street, alley, highway or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the city. No such street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION 4. That the Telephone Company on the request of any person shall remove or raise or 10wer its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payment in advance. The Tele- phone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clearance of wires above ground or rails within the City and also PAGE y PAGE THREE ORDINANCE NO. 7 2 7 underground work shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. SECTION 5. That the right, license, privilege and per- mission is hereby granted to the Telephone Company, its suc- cessors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks, and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the City of Jacksonville or of any City official to whom said duties have been or may be delegrated. SECTION 6; The sale, furnishing, transmission and distri- bution of the telephone service by General Telephone Company within the City is hereby declared to be a special privilege and for such privilege General Telephone Company shall pay to the City an assessment amounting to: "For the year 1984, the General Telephone Company of the Southwest shall pay in monthly installments beginning January 1984, the sum of One Hundred Forty Thousand Dollars ($140,000.00)." The payments shall continue in succeeding years unless sooner modified. SECTION 7. That the City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for use and occupancy of the streets, alleys, and public places of the City; in lieu of any pole tax or inspection fee taxi in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, PAGE 5 PAGE FOUR 727 ORDINANCE NO. licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECTION 8. That nothing herein contained shall be con- strued as giving to the Telephone Company any exclusive privileges. SECTION 9. That the rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION 10. That if any section, sentence, clause, or phrase of this Ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Ordinance. SECTION 11. AIl ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. APPROVED THIS EFFECTIVE DATE: 15th DAY OF JANUARY 15, 1984 VECEMBER 1983. ~~ , /' ATTEST: ~~, LcI.txJCLERK APPROVED AS TO FORM: ~ v;;:~ 't;tY ATTORNEY (; .,/