0566
77
ORDINANL;~ NO. 5 6 6
AN ORDINAN~ ~BY THE CITY OF JACKSONVTT LE OF THE STA1'~ OF ARKANSAS
AND THE SOl.Jl'.tlWES'l'~ tlliLL 'l'~HONE CO}1PANY, A :MISSOURI CORPORAl'10N,
AG~ THAT THE 'l'~.tIONE CO}1PANY SHAIL CONTINUE 10 OP~l'r.; ITS 'l'~HONE
BUSINESS AND SYS'l'm IN SAID CITY, AND !2<EG1' AND :MAINrAIN ITS .PLANT CON-
S'l'KUL;l'ION AND APPUR:l'rl~L;~S AlDNG, ACROSS, ON, OV~, THROUGH, ABOVE AND
UND.IiK ALL PUBLIC S'l'~TS, AVJ:tl'IDES, AILEYS, PUBLIC GROUNDS AND J:11ACr.;S IN
SAID CITY, THAT THE CITY SHAIL REc~IVE AN ANNUAL PAYt'llil'IT j:t'KOM THE 'l'tLE-
PHONE CO}1PANY, AND ~F.ALING ALL ORDINANL;~S AND AG~ltl'ITS IN CO~j:t'LI{;l'
I-lli.L<EWITH :
~, the City desires to enact and iJ.1qJose UPU11 the Telephulle
CuUJfJany a tax which shall be in lieu of all other licenses, charges,
fees or special taxes other than the usual general or special ad valort=J.li
taxes, culd
WHEREAS, the City reco~lLizes and CU1ICurS in the purpose and intent
of an order of the ALkansas Public Service CuUUll.SSiUl1 entered U1L
Dec~J.lber 10, 1957, in Docket U-128l relating to the treauuent of the
Telephulle CullJfJany of all City special taxes;
NOW, TI:iL-iliEFORE, BE IT ORD.A Tl\IL;tl) BY THE CITY COUNCIL OF THE CITY OF
JACKSONVTT LE, ARKANSAS, THAT:
Sectiul1 1. The Southwestern. Bell Te1ephulle CUllqJany, its successors
dJ.Ld assit,LLs (herein referred to as "Telephone CullqJany") shall CUlltinue
to operate its te1ephulLe system and all business incidental to or CU11-
nected with the CU11ducting of a telephone business C:u.ld SYStbll in the City
of Jacksonville, ALkansas, (herein referred to as "City"). The plant
CU11Structiul1 and appurtenances used in or incident to the giving of te1e-
phUlle service culd to the mainteru:u.Lce of a telephone business C:Uld SYStt:111
by the Telephone CUllqJany in said City shall rbuain as now constructed,
subject to such chcu~es as may be cUl1sidered necessary by the City in
the exercise of its inherent powers dJ.Ld by the Te1ephulLe CullqJany in the
CU1Lduct of its business and said TelephulLe Cuu:I!any shall continue to
exercise its right to place, rt:1LJove, CUiLStruCt and recU1Lstruct, extend
and maintain its said plant culd appurtencu.lces as the business cuLd purpose
for which it is or may be incorporated may frulH time to time require,
a1ultg, across, U1L, over, through,' above and under all the public streets,
avenues, alleys, and the public grounds cuLd places within the limits of
said City as the SCU1Le frutH time to time may be established.
()O()32
71
PRee Two
ORDINANC~ NO.
566
SectiU1I 2. The Telephone CuuqJany shall pay to the City on or before
March 1, 1980, for the period January 1, 1980 to Dect:1uber 31, 1980 inclusive
and thereafter for like periods U1I or before each March 1 an cuIDunt deter-
mined by lIU.1l tip lying the nt:nnber of telephones within the corporate limits
of the City as of the last day of the preceding year by the sum of $1.07.
SectiUll 3. The B.Lulual payment herein required shall be in lieu of
all other licenses, charges, fees or iu~ositions (other thc:u.1 the usual
gt=.Lleral or special and valorbll taxes) 'Which may be iUqJosed by the City
under authority conferred by law. The Telephulle CuuqJany shall have the
privilege of crediting such sums with any 'Lu.LJ:1aid balance due said CuuqJany
for telephulle services rendered or facilities furnished to said City.
Section 4. The Telephulle wUqJany on the request of any perSUll shall
reuDve or raise or lower its wires t~J.1qJorarily to pennit the moving of
houses or other structures. The expense of such t~uqJorary r~u.oval,
raising or lowering of wires shall be paid by the party or parties
requesting the SdJ.Ue, culd the TelephulLe CuUqJCUIY may require such payII'l.eLlt
in advance. The Telephul1e CuuJt.'any shall be given not less thc:u.l forty-
eight (48) hours advance notice to arrange for such tt:1Uporary wi re
chd.uges .
Section 5. Pe~J.1d.ssion is hereby granted to the Telephone CuuqJany to
trim trees UPUll and overhanging streets, alleys, sidewalks and public
places of said City so as to preVt=.Llt the branches of such trees frulu
cuudng in contact with the wires culd cables of the Telephone Cuulpany,
all the said tri.J.uudng to be dulle under the supervision and directiull of
Gu.1Y City official to mUlL said duties have been or may be delegated.
Sectiull 6. Nothing in this Ord.inculce cUlltained shall be cUl1strued
to require or pe~ud.t any electric light or power wire attaclJuents by the
City or for the City. If light or power attaclJJ.uents are desired by the
City or for the City, then a separate non-culltingent agreement shall be
a prerequisite to such attaclJJ.u.ents.
Sectiull 7. Nothing herein contained shall be construed as giving to
the Telephone CuUqJdJ.1Y C:ulY excl11Rive privileges, nor shall it affect any
prior or existing rights of the Telephone Cuu1J:1any to maintain a telephuLle
SYStbu within the City.
00033
71
Page Three
ORDINANL;~ NO.
566
Sectiull 8. All other ord:inculces dJ.ld agre~11t=J.lts C:u.ld parts of
ordinculces dJ.ld agret=J.lblts relating to the operating of or right to
operate a telephulle SYStt:111 within said City are hereby repealed.
Sectiull 9. The said Te1ephulle Cuu1pany shall have sixty (60) days
frUl11 dlld after its passage C:u.ld approval to file its written acceptC:u.lce
of this ordinance with the City Clerk, cuLd UPU1L such acceptance being
filed, this Ordinance shall be cUl1sidered as taking effect and being
in force frU1u C:u.Ld after the date of its passAEe and approval by the
J;1ayor. The Ordinance shall CUlltinue in effect and be in force tn1.ti1
terminated by the City or the Te1ephulLe CuuqJany as of the end of CUiJ
year after giving UiLe (1) year's written notice of int~ltion to tenninate.
~ .P1{()\!.till THIS
20th DAY OF
Dect=I.1Der
, 1979.
,~~-Y
A:.rl~ST :
>> . . ~ /<"*'\ fi/? .
f "",/ /./'/1 I i &1
v 1)./L~, R41t"....~ ~..,."..b~ it~.
CIiY CLr.l(K t,.'" .,'.,~.
, I
t/
~'p.L{O\!W AS TO FORM:
r-,--?.Q th
CITY' A:.rl0~~Y
~'---"
.--------
EfYI.ERGENCY CIAUSE NOT .t.;J:t'J:t'1:~X':ll.till. ORDlNAN< 'J-l; jQt'J:t'.t.;CTIVE JANUARY 20TH, 1980.
NANCY GERREN, CITY ClERK.
lldlv
tf'}'L/
,(~ {//
il . 4 ,:1
,.,,-4-
('.. l" ...' '. ,.' '<.'./ .,in ", . '1 ,,(~:J
"., ~,. 'd'. ' . '/;t/ r ~., it/Ii;~ cle,~
.-t'" ,{, ,t.{/ t,. t I L~ / ""
.;;#- ;'-" .J'- d"- .,' ...,.
;J d eJ.
't..t!':.t
00034