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ORD NO 01-1962 ORDINANCE NO. 1 -1962 AN ORDINANCE WHEREBY THE CITY OF VAN BUREN, OF THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM'IN SAID`CITY,. AND ERRECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES ITj SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH: 4:HEREAS, the Eity 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 J-- WHEREAS, the City recognizes and concurs in the purpose and intent c'r ah 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 Cit of V:;n'..Buren, State of Arkansas: that SECTION 1. The Southwestern Bell Telephone Company, its successors and. assigns (herein referred to as "Telephone Company shall continue tc 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"). Tire plant construction and appurtenances used in or incident 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 seat shall; continue to exercise its right to place, remove, constr'uet 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, nver, trough, above and all the public streets, avenues, alleys, and the public grounds fi and'placess within the limits of said City as the same from time to time maybe established. SECTION 2. The Telephone Company shall pay to the City on orbefore March 1, 1962, for the period January 1, 1962 to December 31;. 1962, in- clusive, 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 the sum of 01.00. 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 persp shall remove or raise or lower its wires temporarily to permit th)t7 gving of houses or other structures. The expense of such tempora raisi g or lowering of wires shall be paid by the party or prarites 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 Telephon 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. Page 1 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: I£ 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 arid. agreements relating to the operating of or right to operate a telephone system within the said City are hereby repealed. 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 fares 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 5th day of February 1962; Allen R. Tootheker (s) Mayor Goo, L. Crofton (s) City Clerk Accepted February 13, 1962 and filed in City Clerks office March 7, 1962. la ORDINANCE NO. 1 -1962 AN ORDINANCE WHEREBY THE. CITY OF VAN BUREN, OF THE STATE OF ARKANSAS AND THE S_OU.T- HWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS INCIDENTAL TO OR CONNECTED WITH CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM 'IN SAID;CITY,. AND ERRECT AND MAINTAIN ITS PLANT CONSTRUCTION AND A''TPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER AI _L PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES I:J SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IPA CONFLICT HEREWITH: WHEREAS, the Eity 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".T Company of all City special taxes; NOW :THEREFORE, BE IT ORDAINED by the City Council of the City of Ven'Buren, State of Arkansas: that SECTION 1. The Southwestern Bell Telephone Company, its successors e;:d' assigns (herein referred to as "Telephone Company shall.continue to operate its telephone system and all business incidental to or c(:nnected with the conducting of a telephone business and system in Eie`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 nay/ constructed, subject to such changes as may be considered necessary by the City in• the exercise of its inherent powers.and by the Company in the conduct of its business, and said-Telephone Company t' ssmteec:Or- a;•n g i a i _acnys shall, continue to exercise its right to place, remove, construct andreconstruct, 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, trough, above acid 'Linder all the public streets, avenues, alleys, and the public grounds 19 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 on or '.before March 1, 1962, for the period January 1, 1962 to December 31, 1962, in- clusive, 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 the sum of 01.00. 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 priyilege 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 persp.ri shall rsmove or raise or lower its wires temporarily to permit the a pving off” houses or other structures. The expense of such tempera: removal rising or lowering of wires shall be paid by the party or prarites requesting the same, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty ei_gnt: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 Telephon 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. Page 1 SECTION 6. Nothing in this Ordinance contained shell be construed to require or permit any electric light or power wire attachments by the City or for the City. It' 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 the said City are hereby repealed. SECTION 9. The said Telephone Company shall have sixty (60) days from end•after its passage and approval to file its written acceptance of this ordinance with the City Clerk, and upon such acceptance being f_:ied this Ordinance shall be considered as taking effect and being in fa__ce 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 os of the end of any year after giving one (1) year's notice of intention to terminate. Approved. this 5th day of February 1962 %4 Allen R. Toothaker (s) Mayor GPO, L, Crofton (s) City Clerk Accepted February 13, 1962 ar.d filed in City Clerks office March 7, 1962.