ORD NO 29-1974 1
ORDINANCE NO. -1974
AN ORDINANCE WHEREBY THE CITY OF VAN BUREN OF THE STA'T'E OF ARKANSAS AND 111E
SOUTHWESTERN BELL TELEPHONE COMPANY, A MF.SSOURI, CORPORATION, ATION, AGItip I'l1A'i THE
TELEPHONE COMPANY SHALL CON'I. NIrE TO OPERATE ITS 'CEI.EI'IIONf': SYSTEM AND ALL ROSINESS
INCIDENTAL TO OR CONNECTED WI'1'll '1711; CONDUCTING (rF A TELEPHONE BUSINESS AND SYSTEM
IN SAID CITY, AND ERECT AND MA:IIJ'I'ALN ITS PI'AN'O cONSTRIWTIoN AND APPURTENANCES
ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND TINDER ALL PUBLIC STREETS, AVENUES, ALLEYS
PUBLIC GROUNDS AND PLACES TN SAID CITY, THAT THE CITY SHALL I'tI:cg[VE AN ANNUAI,
PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING 'ALL ORDINANCES AND AGREEMEN'T'S
IN CONLLICT HEREWITH:
WHEREAS, the City desires to enact and impose upon the Telephone Company
tax which shall be in lieu of all. other licenses, charges, fees or npee:f. nl. I:nxen
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 7.0, 1957, in Docket U -128L
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
exercise of its inherent powers and by the Telehone 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 sun
of $17,500.00'in 1975 and each year thereafter to be paid in four quarterly payments
of $4,375.00 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, 1975.
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 21 -1973, which is currently
before the Arkansas Public Service Commission.
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
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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 llth day of November, 1974.
ATTESTED:
City Clerk /rI Mayor
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