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HomeMy WebLinkAbout9015w ORDINANCE No. 9015 AN ORDINANCE WMIMY THE CITY OF LITTLE DOCK OF THE STATE OF ARKANSAS AND THE SO TERN BZLL TZIXPBM ; COMPA", A,,MISSOVRI C0A'JP0DA!"01f, AM= MT . T!!3 'I - EFRONNf . COMPANY v 3RALL C9NTINUB TO OFMATS X" TBiK- PR SYSM Alfa ALL BUI11 001D TAL TO: OR CtNNlf3 121. WITH TAE. C01WOCTIA0 OF A.. MSPROIM > Uft= ..'AND SYSTEM IN SAID. CITY, AND EMT = MAINTAIN_. ITS ^. PLA* C0N3T VCTIaN AIID APPU�A.: iit�� F IC A haw-hi PLACES IN S.. AI CITY 3Id, � P$ Alf ANNUAL _ PA"M TFROM TBn TAP AIfY, AND ROZALIN@ ALL ORDIPAWCES AID A© 3 Ili CONFLICT : Be it ordained by the City Council of the City of Little Rock of the State of Arkansans•`.: SECTION 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "Telephone Company ") shall con- tinue 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 Little Rock, State of Arkansas, (herein re- ferred to as "City "). The plant construction and appurtenances used in er.1ne dent 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 con- tinue to exercise its right to place, remove, construct and re- construct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorpor- ated may fromm time to time require, along, across, on, over, tiny h; °above and under all the public streets, aeAues, alleys, and the public grounds and places within the limits of said City as the same from time to time may be established. SMWQN 2. The Telephone Company shall pay the city the sun of $750000.00 per year, payable semi - annually on or before the 1st day of January and July, for the years 1953, 1954, 1955s 19516 and 1957, being a term of five years ending December 311 1957, and for successive terms of like duration, unless within four (4) months prior t4 the expiration of the initial tern or of the successive terms ending on each five year anniversary following the expiration of the initial term sixty (60) days' written notice is given by one party to the other of its intention to terminate the same at the expiration of the then current five year term. It being expressly understood that each five year term provides for five annual payments; said payments to be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which might 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 Service rendered or facilities furnished to said City, SECTION N 3, 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 4. 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 5. 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 6. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prier or existing rights of the Telephone Company, to maintain a telephone system within the City. SECTION 7. All other ordinances and agreements and parts of or- dinances and agreements relating to the operating of or right to operate a telephone system within said City are hereby repealed. SECTION 8. The said Telephone Company shall have sixty (60) days from and after its passage and approval to file its written ac- ceptance 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. September 22, 1952 APPROVED