ORD NO 38-1979 CITY OF VAN BUREN- ARKANSAS
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ORDINANCE NO.
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AN ORDINANCE WHEREBY THE CITY OF VAN BUREN OF THE STATE OF ARKANSAS
AND THE SOUTHWESTERN BELL TELEPHONE COMPANY, A MISSOURI CORPORATION, AGREE THAT
THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL
BUSINESS INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPHONE BUSINESS
AND SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND AP-
PURTENANCES 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 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 Commission entered on December 10, 1957, in Docket U-
1281 relating to the treatment by the Telephone Company of all City special taxes;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren
State of Arkansas that:
SECTION 1. The Southwestern Bell Telephone Company, its successors and assigns
(herein referred to as "Telephone Company shall continue to operate its telephone
system and all business incidental to or connected with the conducting of a telephone
business and system in the City of Van Buren State of Arkansas, (herein
referred to as "City The 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 Telephone Company in said City shall remain as now
constructed, subject to such changes as may be considered necessary by the City in
the exercise of its inherent powers and by the Telephone Company in the conduct of
its business and said Telephone Company shall continue to exercise its right to
place, remove, construct and reconstruct, extend and maintain its said plant and
appurtenances as the business and purpose for which it is or may be incorporated
may from time to time require, along, across, on, over, through, above and under
all the public streets, avenues, alleys, and the public grounds and places within
the limits of said City as the same from time to time may be established.
SECTION 2. The Telephone Company shall pay to the City an annual sum of
$29,500.00 in 1980 and each year thereafter to be paid in four quarterly payments
of $7,375.00 each, on or before March 31, June 30, September 30, and December 31
each year, with the first such payment becoming due on March 31, 1980.
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SECTION 3. The annual payment herein required shall be in lieu of all other
licenses, charges, fees or impositions (other than the usual general or special ad
valorem taxes) which may be imposed by the City under authority conferred by law.
The Telephone Company shall have the privilege of crediting such sums with any
unpaid balance due said Company for telephone services rendered or facilities
furnished to said City.
SECTION 4. The Telephone Company on the request of any person shall remove or
raise or lower its wires temporarily to permit the moving of houses or other
structures. The expense of such temporary removal, raising or lowering of wires
shall be paid by the party or parties requesting the same, and the Telephone
Company may require such payment in advance. The Telephone Company shall be given
not less than forty -eight hours advance notice to arrange for such temporary wire
changes.
SECTION 5. Permission is hereby granted to the Telephone Company to trim trees
upon and overhanging streets, alleys, sidewalks and public places of said City so
as to prevent the branches of such trees from coming in contact with the wires and
cables of the Telephone Company, all the said trimming to be done under the supervision
and direction of any City official to whom said duties have been or may be delegated.
SECTION 6. 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.
If light or power attachments are desired by the City or for the City, then a
separate non contingent agreement shall be a prerequisite to such attachments.
SECTION 7. Nothing herein contained shall be construed as giving to the Telephone
Company any exclusive privileges, nor shall it affect any prior or existing
rights of the Telephone Company to maintain a telephone system within the City.
SECTION 8. All other ordinances and agreements and parts of ordinances and
agreements relating to the operating of or right to operate a telephone system
within said City are hereby repealed, except Ordinance 5 -1975 which became
effective February 17, 1975.
SECTION 9. The said Telephone Company shall have sixty (60) days from and after
its passage and approval to file its written acceptance of this ordinance with the
City Clerk, and upon such acceptance being filed, this Ordinance shall be considered
as taking effect and being in force from and after the date of its passage and
approval by the Mayor. The Ordinance shall continue in effect and be in force
until terminated by the City or the Telephone Company as of the end of any year
after giving ninety (90) days written notice of intention to terminate.
Approved this /7 e day of November 19 79
Z ief t /Zie-g4 2
City' Clerk
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