11345OaDINAN"CE NO.
il, 345
ao �i
o Ln ��ULEAS, the City desires to enact and impose upon the
1r r-
a Telephone Company a tax which shall be in lieu of all other
or
rcv licenses, charges, fees or special taxes other than the usual general
M co
N M
N or special act Valorem taxes, and
b
9HEIREA5, the City recognizes an order of the Arkansas Public
0 Service Commission entered on December 10, 1957, in Docket U-1281
A relating- to the treatl_.ent by the Telephone Company of all City
ro
v
'o special taxes;
a
v
'140W THE ` FORE, BE IT WRDAIN'ED BY THE " 0A�D OF :DIRECT&-o'S
ai
OF THE CITY OF LITTL:� ROCK, A zc_ .NSAS :
SECTION 1. The Southwestern Bell Telephone Company, its
w
v successors and assigns (herein referred to as "'Telephone Company ")
U
may continue to operate its telephone system and all business inci-
u.
�a, dental to or connecter with the conducting of a telephony: business
or, sys G r, City of Little = ::oc1;., State of Arkansas, (herein
and a s t ,-r� in t
referred to as "City "). ''he plant construction and appurtenances
r-4 o
ro `" used in or incident to the crivin -; of telephone service and to the
fd ° maintenance of a telephone business and systeTf- by the Telephone
roLr
v ri ,o npany an sG�c City shall repaain as noW con:s+ _ rurtcd,_ sub}ECt to
ro
such changes as may be considered necessary by the,C4ty in the
exercise of its inherent powers and by the 'telephone Company in
the conduct of its business, and said Telephone Company shall con-
tinue to exercise its right to place, rermove, construct and recon-
struct, extend anti maintain its said plant and appurtenances as the
�3 C)
AN OADINANCE G :6LL ,'TINGr THE SOUTHW EST LK� BELT., TELEPHONE
CW1 PANY, :.k IVII0SOU ZI CO&P(i <�: TION,, THE PRIVILEGE TO CON-
TINUE OPERATION OF . ITS T ZLEPHONE SYST11Y, , AND ALL BUSINESS
c°v
INCIliE'NTAL TO OR CONNECT H D FITH THE CO NDUCTING OF A TELE-
PHONE BUSINESS AND SYSTE114 IN SAID CITY, AN:D, ERECT AND
M
Ii;AINTAIN ITS PLANT CON STIWCTION. AND APPURTENANCES ALONG,
'-'
AC-0108S) ON, OVER, THWUGH, ABOVE AND UNDER ALL PUBLIC
ST -6 :NETS, AVENUES, ALLEYS, PUBLIC G :(3UNli5 tiN7 PLACES IN
00 N
SAID CITY; PROVIDING. FOR, THE PAYMENT OF A P 2I VILE'GE TAX
Co rn
BY SAID. TELLPHONE COMPANY; &PEALING ORDINANCES - AND .AG!,1EE-
� M
I4.NT S IN CONFLICT HE1,, dITH; AND FOR .'� OTHE ; PURPOSES.
ao �i
o Ln ��ULEAS, the City desires to enact and impose upon the
1r r-
a Telephone Company a tax which shall be in lieu of all other
or
rcv licenses, charges, fees or special taxes other than the usual general
M co
N M
N or special act Valorem taxes, and
b
9HEIREA5, the City recognizes an order of the Arkansas Public
0 Service Commission entered on December 10, 1957, in Docket U-1281
A relating- to the treatl_.ent by the Telephone Company of all City
ro
v
'o special taxes;
a
v
'140W THE ` FORE, BE IT WRDAIN'ED BY THE " 0A�D OF :DIRECT&-o'S
ai
OF THE CITY OF LITTL:� ROCK, A zc_ .NSAS :
SECTION 1. The Southwestern Bell Telephone Company, its
w
v successors and assigns (herein referred to as "'Telephone Company ")
U
may continue to operate its telephone system and all business inci-
u.
�a, dental to or connecter with the conducting of a telephony: business
or, sys G r, City of Little = ::oc1;., State of Arkansas, (herein
and a s t ,-r� in t
referred to as "City "). ''he plant construction and appurtenances
r-4 o
ro `" used in or incident to the crivin -; of telephone service and to the
fd ° maintenance of a telephone business and systeTf- by the Telephone
roLr
v ri ,o npany an sG�c City shall repaain as noW con:s+ _ rurtcd,_ sub}ECt to
ro
such changes as may be considered necessary by the,C4ty in the
exercise of its inherent powers and by the 'telephone Company in
the conduct of its business, and said Telephone Company shall con-
tinue to exercise its right to place, rermove, construct and recon-
struct, extend anti maintain its said plant and appurtenances as the
�3 C)
- 2 -
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 on
or before March 1, 1963, for the period January 1, 1963, to
December 31, 1963, inclusive, and thereafter for like periods on
or before each lurch 1st an amount determined by multiplying the
number of telephones within the corporate limits of the City as
of the last day of the preceding calendar year by the sum of :1.07.
Provided, however, the sum charged per telephone instrument
and thus the total amount to be paid by the Telephone Company may
be changed at any time by the :hoard of Directors of the City of
Little jRock upon ;sixty (60) days written notice to the Telephone
Company.
Provided further, that the `Telephone Company shall, beginning
on or before Miarch 1, 1963, and each succeeding March 1st, furnish
and provide the City with a certified report reflecting the total
number of telephone instruments in service within the corporate
limits of the City as of December 31st of the last preceding cal-
endar year.
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 laws 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 recuest of any
person shall remove or raise or lower its wires temporarily to
- 3 -
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. Fermission is hereby granted to the Telephone
Company to trim trees upon and overhanging streets, alleys, side-
walks 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 a. 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 attach-
ments are desired by the City or for the pity, 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.
SECTIO N 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.
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
- 4 -
as taking effect and being in force from and after the date of
its passage and approval. 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.
.PASSED:; December 17, 1962
ATTEST: �� Y l`Jrz.Lo- APPROVED:
City Clerk
�?- 7- /
day
_ ACCEPTAD?Ck
WHEREAS, the City Council of the city of Little Rock of
Pulaski County, Arkansas, did on the 17th day of
December A.D, 19 62, enact an ordinance entitled: Ordinance No. 11,345
and
AN ORDINANCE WHEREBY THE CITY OF LITTLE ROCK 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 APPURTENANCES 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 CON-
FLICT HEREWITH:
WHEREAS, said ordinance was on the 1 day of December
A.D. 19_62 , duly approved and signed by the mayor of said city and the
seal of said city thereto affixed and attested by the city clerk:
NOW THEREFORE, in compliance with the terms of said ordinance
so enacted, approved and attested, the Southwestern Bell Telephone
Company hereby accepts said ordinance and files this its written accept-
ance with the city clerk of said city in his said office.
Dated this _ day of , 19'��.
SOUTHWESTERN BELL TELEPHONE COMPANY
Approved:
BY
enera orney Vice President and Ge al Manager
Accep ce filed in the office of the city clerk of�� +��"
this ,� )�rnl dam! of A.D. 19_4_1_* a
- City Clerk