ORD NO 07-1966 ORDINANCE NO. 7 -1966
Ai ORDINANCE 'UHESEDY THE CITY OF VAN DUREN OF THE STATE OF ARKANSAS
Q AND THE SOUTH'c'ESTERN DELL TELEPHONE COMPANY, A MISSOURI CORPORATION,
AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO OPERATE IT5
TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED 'WITH
THE CONDUCTING OF A TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL
TO OR CONNECTED WWITH THE CONDUCTING OF A TELEPHONE BUSINESS'AND
SYSTEM IN SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION
AND' APPURTENANCES ALONG, ACROSS, ON, EVER, THROUGH, ABOVE AND
WIDER 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 AGREEVENTS IN
CONE.LICT H'FREL/ITH
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 spacial taxes other than the usual general or special ad
valorem taxes, and
ors '.:WHEREAS, the City recognizes and concurs in the purpose end intent
a= 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;
N]W, THEREFORE, DE IT ORDAINED BY THE City Council of the City
of Van Buren, State of Arkansas that
S''ICTION11. The Southwestern Dell Telephone Company, its successors
and assign (herein referred to as "Telephone Company shall con-
tinue to operate its telephone system and all business incidental
to cr connected with the conducting of a telephone business and
system in the City of Van Duren, State of Arkansas, (herein referred
t, as "City The plant construction and appurtenances used in or
incident to the giveing of telephone service and to the maintenance
of a telephone business and system by the Telephone Company in said
ity.shall remain as now constructed, subject to such changes. as
may be considered necessary by the City in the exercise of its
i herent 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 end reconstruct, extend and
maintain its said plant and appurtenances as the business and purpose
fur.which it is or may be incorporated may from time to time require,
along across, on, ovor, through, above and under all the public
streets, avenues, alloys, and the public grounds and places within
the limits of said City as the same from time to time may be estab-
lished.
SECTION 2. The Telephone Company shall pay to the City on or
before March 1, 1966, for the period January 1, 1966, to December
21, .1966, inclusive, and thereafter for like periods on or before
each March 1 an amount determined by multiplying the number' of
telephones within the corporate limits of the city as of the last
day of the preceding year by tle sum of S1.04.
SECTION D. 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 late. The Telephone Company
shall have the privilege of crediting such sums with any unpaid
b lance due said Company for telephone services rendered or facilities
furnished to said City.
SECTION The Telephone Company on the request of any person
sl all remove or raise or lower its wires temporarily to permit
the moving of houses or other structures. The expense of such
-z-
e
temporary removal, raising cr 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
publj.c 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 dune 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 'ore
desired by the City cr for the City, then a separate non- contigent
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 iepealed.
SECTION 9. The said Telephone Company shall have sixty (60) days
from and after its passage and approval to file its writtenaccept-
ante 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 one (1) year's notice of
intention to terminate.
Approved this 4th day of April 1966.
Allen R. Toothaker (s)
Mayor
Attest:
Geo L Crofton (s'
City Clerk