0669
:3rr
ORDINANCE NO. 6 6 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 APPUR-
TENANCES 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 AGREE-
MENTS 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 December 10,1957, in Docket U-1281 relating 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 condi-
tions 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 necessary or con-
venient for rendering telephone and other communication ser-
vices and for conducting a general local/extended 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
dr ain, and so that the same will in ter fere as 1 i t tIe as
practicable with the ordinary travel on the street or sidewalk.
3<8
The location and route of all poles, stubs, guys, anchors,
conduits and cables to be placed and constructed by the Tele-
phone Company in the construction and maintenance of its
telephone system in the City, and the location of all conduits
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 sur face 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 reason-
able time after the completion of the work to as good a
cond i tion as be fore the commencemen t of the wor k and main tai ned
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 sur face of said street, alley,
highway or public place is broken for such construction or
maintenance work, after which time responsibil ity for the
maintenance shall become the duty of the City. No such street,
alley, highway, or publ ic 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 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
parties, and the Telephone Company may require such payment in
advance. The Telephone Company shall be given not less than
for ty-e ight (48) hour s advance notice to ar range for such
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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 Electrical 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 per-
mission is hereby granted to the Telephone Company, its succes-
sors 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 Ci ty, said tr imming shall be done under the
supervision and direction of the Ci ty of Jacksonville or of any
City official to whom said duties have been or may be delegated.
SECTON 6. The sale, furnishing, transmission and distri-
bution of the telephone service by General Telephone Exchange
within the City is hereby declared to be a special privilege and
for such privilege General Telephone Exchange shall pay to the
Ci ty an assessment amounting to 3 1/2 percent of gross revenues,
payable in monthly payments beginning January 1, 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 I ieu of any tax, 1 icense, 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 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 1 ieu
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of the taxes, 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 obI igations, 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 and exclusive privi-
1 eg e s .
SECTION 9. That the rights, powers, limitations, duties
and restr ictions herein provided for shall inure to and be
bind ing upon the par ties 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,
ul tra vires or unconsti tutional, such inval idi ty shall not
affect the validity of the remaining portions of this Ordi-
nance.
SECTION 11.
All ordinances in conflict are hereby re-
pealed to the extent of such conflict.
SECTION 12. This ordinance shall not take effect until
April 1, 1982.
APPROVED THIS
18th
DAY OF February
, 1982.
Ar~
ATTEST:
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CITY CLERK
(EMERGENCY CLAUSE NOT ADOPTED. ORDINANCE
EFFECTIVE APRIL 1, 1982)
-4/
APPROVED AS TO FORM:
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CITY ATTORNEY