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VjnEMM, The Southwestern States Telephone Campmyw hereinafter referred to
as the "Telephone Company". is now and has been engaged in the tolophane business in
the State of Arkanass, and In furtherance thereof, has erected and maintained certain
iters of its plant construction in the City of Jacksonville, Arkanaaa, hereinafter
referred to as the -,City", for many years pursuant to such rights as have been
granted it by and under the laws of the State of Arkansas, and subject to the exer-
cise of such reasonable rights of regulation [ander the pollee power as have been
also lawfully granted by and under sold Iowa to sold City; and
WHEREAS, it is to the mutual advantage of both the City and the Telephone Cme-
pany that an. agreement should be entered into between the Telephone Company and the
City establishing the conditions under which the Telephone Company shall operate in
the City.'
NOW. THEREPM. BE IT ORDAINED DT THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE. AMMSAS, THAT:
-6=ION I - CONSTRUCTION. MAINTENANCE AND OPERATION OF TELEPHONE PLANT
AND SERVICE
The poles, mires, anchors, cables, manholes, conduits end other 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 Tslep&ane,Company In the City,
shall remain as now constructed, subject to such changes as under the limitation std
conditions herein proscribed may be considered necessary by the City in the exercise
of its lawful powers end by the Telephone Company in the exercise of its business elf
furnishing Telephone service; end the Telephone Campany shall continue to exercise
Its right to place, remove, construct and reconstruct, extend and maintain Its said
plant and appurtenances as the business and purposes for Mich it In or my be incor-
porated any fro time to time require along, across, on, over, through, above, and
under all the public streets, avenues, alleys, and public grounds and places within
the present limits of the City and within said limits no the same from time to time
may be extended, subject to the regulations, limitations and conditions heroin pre-
scribed, and further, the Telephone Company is given the right to ones and operate a
telephone system in the City for the rendition of telephone service.
SECTION 3 - SUPERVISION BY CITY OF LOCATION OF POLES AND CMDUIT
All Poles to be placed shall be of sound materiel and reasonably straight, and shall
be so set that they will not Interfere with the flow of water in any gutter or drain,
and to that the seen will interfere as little as practicable with the ordinary travel,
on the street at aldewalk. The locatlon MA route of all poles. stubs, guys, anchors,
conduit* and cables to be placed and constructed by the Telephone Company in the
emetnaction and maintenance of its telephone system in the City., aid the location of
all cmndults to be laid by the 'telephone Cerny within the limits of the City under
this ordinance, shall be subject to the reasonable and proper regulation, control,
and direction of the ilayor or of any City official to whom such duties have been or
may be. delegated.
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The surface of any street, allay, highway, or public piece 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 conviction of the work to
as good a condition as before the commencement of work aid maintained to the satis-
faction of the %ayor as of any City official to whom such duties have been or may be
I
delegated, for one year from the date the surface of said street, allay, highway,
or public place is broken for such construction or maintenance work, after which
the responsibility for the maintenance shall become the duty of the City. No
street, alley, highway or public place shall be encumbered for a longer period
than shall be necessary to execute the work.
SECTION 4 - OPERATION AND MAINTENANCE OF TELEPHONE. PLANT
The Telephone Company shall maintain its system in reasonable operating condition
at all normal time during the continuance of this agreement. An exception to
this condition is automatically in effect when service furnished by the Telephone
Company is interrupted, impaired, or prevented by fires, strikes, riots, or other
occurrences beyond the control of the Telephone Company, or by storms, floods or
other casualties, in any of which events the Telephone Company shall do all things,
reasonably within its power, to do, to restore normal service.
SECTION 5 - TEMPORARY F.EMOVAI OF WIRES
The Telephone Company an the request of any person shall remove or raise or lower
Its wires temporarily to permit the moving of !muses 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 ad-
vance. The Telephone company shell be given not less than forty�eieht hours advance
notice to strange for such temporary wire changes.
SECTION 6 - TPEE TPIMMINO
The right, license, privilege and permission is hereby granted to the Telephone Com-
pany, its successors 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 st.all be done under the supervision
and direction of the Mayor or of any City officials to whom sold duties have been or
may be delegated.
SECTION 7 - PAYMENT 11Y TFLFPhon COMPANY OF PERCENT OF RrVFNUES IN LIEU
OF ANY OTHER MUNICIPAL TAXES EXCEPT USUAL, GENERAL OR SPECIFIC
AD VALOPEM TAXES
The City and Telephone Company agree that the Telephone Company will, effective the
____ day of 1960., pay quarterly to City an amount eauiva-
lent to four percent (4%) of its gross revenues derived from its exchange station ser-
vice rendered within the City during the preceding quarter, such quarterly Installments
to be paid within thirty (3o) days following the expiration of the quarter for which
swms are payable. The payment above provided shelf be due and payable quarterly in
arrears. The City agrees that the foregoing quarterly payments shall be received by
It in lieu of any tax, license, charge, fee, street or alley rental or other character
of charge for use and occurancy 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 of franchise
tax, whether Ievied 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.
SECTION 8 - ATTACHMENTS ON POLES AND SPACE IN Oi1CTS NOT HEFE AFFFCTED
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, nor to require or porwit
any electric light or power wires to be placed in any duct used by the City in the
Telephone Quepmny°s conduits. If light or payer attachments are desired by the City
or for the City, or if the City desires to place electric light or poorer wires in any
duct used by the City, then a further separate non -contingent agreement shell be pre-
requisite to such attachments or such use of any duct used by the City.
Nothing ahnll herein contained obligate or restrict the Telephone Company in exercising
its right voluntarily to enter Into pole attachment, pole usage, joint ownership, and
other wire space and facilities agreements with light and power companies and with
other wire using companies which may be privileged to operate within the City.
SECTION 9 - NO EXCLUSIVE PRIVILEGES CONFMMD BY THIS ORDINANCE:
Nothing herein contained shall be construed as giving to the Telephone Company any
exclusive privilege.
Tho ruts, powers, limitations, duties and restrictions herein provided for shall
inure to and be binding upon the parties hereto and upon their respective successors
and aaalgns.,
SECTION 11 - PARTIAL IKVALIDITV A" REPEAL PROVISIONS
If any section, sentence, clause or pbrose of this ordinance is for any reason held
to be illegal, ultra vires or unconstitutional, such invalidity shall not effect
the validity of the remaining portions of this ordinance. All ordinances and agree.
riots and parts of ordinances and agreements in conflict herewith are hereby repealed.
SECTION 12 - TERM OF ORDINANCE
Penn Raeder which The Southwestern States Telephone Cmvany operates under this ordi.
nance is for a period of twenty-five (2S) yours from and after the date of the passage
of this ordinance, end said company may continue altar the aspiration of said 25•year
term to operate, as permitted by the leas of the State of Arkansas, and specified in
Section:44 of Act 324 of the Acts of the State of Arkansas for 1935.
The Telephone Company shall have sixty (60) days from and after the passage and ap.
prove] of We ordinance to file its written acceptance thereof with the City
Secretary, and wpm such acceptance being filed, this ordinance shell take effect
and be .in force from and after the date of its passage and approval by the Mayor
and shall effectuate nut sake binding the agreement provided by the teras hereefs
Passed and approved this day of A.D., 196
a
Mayor rh sand fort City a
Jacksonville, Arkansas
Attest.
City 9aeratary
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