1128
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ORDINANCE NO. 1128 (#14-99)
AN ORDINANCE WHEREBY THE CITY OF JACKSONVILLE AND ALL TEL AGREE THA T THE
TELECOMMUNICA TIONS COMPANY SHALL OPERA TE ITS TELECOMMUNICA TIONS BUSINESS
AND SYSTEM IN JACKSONVILLE AND ERECT AND MAINTAIN PLANT CONSTRUCTION AND
APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL
PUBLIC STREETS, A VENUES, ALLEYS, PUBLIC GROUNDS, AND PUBLIC PLACES IN SAID
CITY; IN EXCHANGE, THE CITY SHALL RECEIVE AN ANNUAL FRANCHISE FEE FROM ALL TEL;
DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES.
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WHEREAS, the City desires to enact and impose upon Alltel (a Telecommunications
Company) a franchise fee which shall be in lieu of all other licenses, charges, fees or special taxes
(other than the usual general or special ad volorem taxes); and,
WHEREAS, the City recognizes and concurs in the purpose and intent of the terms of the
Federal Telecommunications Act of 1997 relating to the treatment of Telecommunications
Company(ies) of all City taxes.
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCil OF THE
CITY OF JACKSONVillE, ARKANSAS:
SECTION ONE: The rights, privileges, and franchise be, and the same is hereby granted,
to Alltel, hereinafter referred to as the "Telecommunications 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, with such posts, poles, wires, cables, conduits, and other
appliances, structures, and fixtures necessary or convenient for rendering telecommunication services.
SECTION TWO: All poles, posts, cables, wires, and other appliances to be placed shall be
of sound material and properly installed so as not to interfere with the use of public easement areas
(utilities, drainage, and ordinary travel on the street or sidewalk). The location and route of all poles,
stubs, guys, anchors, conduits, and cables to be placed, constructed, and maintained by the
Telecommunications Company in the construction and maintenance of its telecommunication system
in the City shall be subject to the reasonable and proper regulation, control, and direction of the City
of Jacksonville.
SECTION THREE: Any surface of any street, alley, highway, or public place within the City
disturbed by the Telecommunications 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 maintained to the satisfaction
of the City of Jacksonville for one (1) year from the date the surface of said street, alley, highway, or
public place is disturbed for such construction or maintenance work. After such time period expires,
responsibility for the maintenance of the affected street, alley, highway, or public place shall become
the duty of the City. No such street, alley, highway, or public place shall be encumbered for a long'er
period than shall be reasonably necessary to execute the work required by the Telecommunications
Company.
SECTION FOUR: The Telecommunications Company, upon the request of any person, shall
remove, 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
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Ordinance No. 1128 (#14-99)
December , 1999
Page Two
by the benefited party or parties, and the Telecommunications Company may require such payment
in advance. The Telecommunications 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 or below
ground within the City shall conform to the basic standards of the National Electrical Safety Code,
National Bureau of Standards, and United States Department of Commerce, as promulgated at the
time of erection thereof.
SECTION FIVE: The right, license, privilege, and permission is hereby granted to the
Telecommunications Company, 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 Telecommunications Company. 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 who said duties has been or may be delegated.
SECTION SIX: The sale, furnishing, transmission, and distribution of telecommunication
services by Alltel within the City is hereby declared to be a special privilege. For such privilege, Alltel
shall pay to the City an assessment amounting to: An amount equal to Four and One Fourth Percent
(4 ~%) of the gross revenue fees collected from Alltel customers located within the City limits. The
payments shall be made on a monthly basis and shall be due on the first of the following month based
upon the previous month's consumption of telecommunications services by Alltel customers located
within the City limits of Jacksonville.
SECTION SEVEN: 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 or charge for use and occupancy of the streets, alleys, and public places of the City.
SECTION EIGHT: Nothing herein contained shall be construed as giving to the
Telecommunications Company any exclusive privileges of business operation within the City.
SECTION NINE: 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 TEN: 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 ELEVEN: All Ordinances or parts thereof that are in conflict with this Ordinance
are hereby repealed to the extent of said conflict.
SECTION TWELVE: Because the passage of this Ordinance is necessary for public health,
peace, and safety of the citizens of Jacksonville, an emergency is hereby declared. Thus this
Ordinance shall be in full force and effect immediately upon passage.
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Ordinance No. 1128 (#14-99)
December , 1999
Page Three
APPROVED AND ADOPTED THIS \~ J!. DAY OF DECEMBER, 1999.
CITY OF JACKSONVILLE, ARKANSAS
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TOMMY S~M, MA OR
ATTEST:
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SUSAN DAVITT, CITY CLERK
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ROBERT E. BAMBU~CITY~, ORNEY
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