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0659 1/ ORDINANCE NO. 6 5 9 AN ORDINANCE WHEREBY THE CITY OF JACKSONVILLE OF THE STATE OF ARKANSAS AND THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, 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 ORDI- NANCES 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 Com- mission entered on December 10, 1957, in Docket U-1281 re- lating to the treatment of the Telephone Company of all City special taxes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. That the right, privilege and franchise be, and the same is hereby, granted to General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Company," 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, avenues, bridges, viaducts and public grounds of the City, such posts, poles, wires, cables, conduits, and other appliances, structures and fixtures ne- cessary or convenient for rendering telephone and other com- munication services and for conducting a general local/ex- tended area and long-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 side- I;), walk. The location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone system in the City, and the location of all ccnduits to be laid by the Telephone 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 Company in building, constructing, renewing or maintaining its telephone 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 main- tained 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 respon- sibility 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 Comapny on the request of any person shall remove or raise or lower 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 par ties, and the Telephone Company may requi re such payment in advance. The Telephone Company shall be given not less than j~ for ty-eigh t (48) hour s advance notice to ar range for such temporary wire changes. The clearance of wires above ground or rails within the City and also underground work shall conform to the basic standards of the National Electr ical Safety Code, National Bureau of Standards, Uni ted States Department of Commerce, as promulgated at the time of erection thereof. SECTION 5. That the right, license, privilege and permission is hereby granted to the Telephone Company, its successor s and assigns, to tr im trees upon and overhang ing the streets, alleys, sidewalks and public places of the City, so as to prevent the branches of such trees from coming in contact wi th 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 del- egated. SECTION 6. The sale, furnishing, transmission and dis- tribution of the telephone service by General Telephone Com- pany wi thin the Ci ty is hereby declared to be a special privilege and for such privilege General Telephone Company shall pay to the Ci ty an assessment amounting to eight percent (8%) of gross revenues, derived from local exchange access rates, as provided for and contained in Sections 6 and 36 of the approved Arkansas General Exchange Tar iff, payable in approximately equal monthly payments beginning January 1982. 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 tax; 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 t~ imposition other than the usual general or special ad valorem taxes now or herafter 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, licenses, char- ge s, fees, rental s, and easement or fr anchi se taxe s afor esaid , then the Ci ty 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, li- censes, charges, fees, rentals, and easement or franchise taxes. SECTION 8. That nothing herein contained shall be construed 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 Ordi- nance. SECTION 11. All ordinances in confl ict are hereby repealed to the extent of such conflict. APPROVED THIS 30th DAY OF December , 1981. ~~ ATTEST: ~If)./I-~ CITY CLERK APPROVED AS TO FORM: ~ Vc90 CITY ATTORNEY ~ /8 ---.... (Hv~GEI\CY rT AUSE AlX)P'l'J:t.V. ORDINANCE ~'~'tCTIVE n~ll:VIA'l'lliJY)