HomeMy WebLinkAbout5386ORDINANCE NO. 5394,
An Ordinance amending Section 1 of Ordinance No. 2800, passed
April 11, 1921, amending Section 3 of Ordinance No. 2594, passed
August 11, 1911, amending Section 3 of Ordinance No. 1157, passed
December 19, 1904, repealing Ordinance No. 5355, passed July 13,
1936, repealing Section 12 of Ordinance No. 1157, passed December
19, 1904, and for other purposes.
Whereas the Southwestern Dell Telephone Company, under
charter and license of the State of Arkansas, is now and has been
engaged in the telephone business in said State, and in furtherance
thereof has constructed, operated, and maintained poles, wires,
anchors, cables, manholes, conduits, and other plant construction
and appurtenances in the City of Little Pock by and with the con-
sent of said City, and the City has consented that said Telephone
Company shall extend its said plant construction as the business
and purposes for which said company is or may be incorporated may
,from time to time require.
Novi, therefore, be it ordained b: the City Council of the
City of Little Pock, Arkansas:
SECTION 1. That Section 1 of Ordinance No. 2800 be and the
same is hereb-v amended to read as follows:
"Section 1. That Section #83 of Ordinance No.
713, passed December 6, 1897, being Section 1030
of Halets Digest of the City Ordinances, be, and
t'-e same is hereby amended to read as follows:
lEach telegraph, electric light or power company
shall pay annually a stun equal to seventy-five (.75v)
cents for each pole used by them or set up, and a
license tax on all conduits constructed to an amount
equal to four poles to each block, whether such poles
are leased, rented or owned by them' ".
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SECTION 2. That Section 3 of Ordinance No. 2594 be and
the same is hereby amended to read as follows: by striking out
all reference to telephone companies and the rates thereof and
inserting in place and stead thereof the following:
tITELEPHOR E COMPANIES: Each person, firm or
corporation operating a telephone exchange or
exchanges in the City (it not being the purpose
thereof to tax interstate or foreign messG;es or
any United States business) per year x.25,000."
SECTION 3. That Section 3 of Ordinance No. 1157 be and the
same is hereb,le amended to read as follows:
"In addition to the consideration set forth
in Section 2 above, the Southwestern Bell Tele-
phone Company shall reserve for and hold, subject
to the use of the City of Little Rock such wire
space as may be required from time to time by said
City upon the poles now owned or hereafter erected
by the Telephone Company in the City for the use of
the City police and fire alarm system; provided that
the required wire space shall not exceed the wire
capacity of one crossarm on any one pole. The
location on the poles of this fire and police wire
space shall be determined on specific applications
for space, at the time the applications are re-
ceived from the City, and, will be alloted in accord-
ance .vith the considerations for electrical construc-
tion of the United States Department of Commerce,
Bureau of Standards. In its Y-ire construction on
the Telephone Company poles, the City will follow the
suggestions and requirements laid c_otp §n for wire con -
struction in the Rules and EFegula.tions of the Bureau
of Standards of the United States Department of Com-
merce, and such wires shall further be constructed,
Maintained and operated in such Lianner as not to inter-
fere with nor create undue hazard in the operation of
the telephone system of the Telephone Company.
Nothing in this Ordinance contained shall be con-
strued to require or permit any electric light or
power wire attachments by the City or for the City.
If light and /or power attachments or other wire
facilities are desired by the City or for the City,
then a further separate, non- contingent agreement
shall be a prerequisite to such attachments. Nothing
',eyein contained shall obligate or restrict the Tele-
phone Company in exercising its right to voluntarily
enter into pole attachment, pole usage, joint owner-
ship, and other wire space and facilities agreements
with light and power companies and with other wire
using companies which may be privileged to operate
within the City ".
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SECTION 4. That Ordinance No. 5355 and Section 12 of
Ordinance No. 1157 be and the same are hereby repealed.
SECTION 5. That the license fee for the operation of
telephone companies herein provided for in Section 2 hereof
shall be paid in the sum of $25,000 for the year 1937 promptly
upon the passage and approval of this ordinance and for each
succeeding year thereafter shall be paid. as provided in Section
2 of Ordinance No. 2594.
SECTION S. It is the intention of this ordinance to
impose and levy a license fee for the operation of Telephone
Companies in the City of Little Rock of Twenty -five Thousand
Dollars ($25,000) for each calendar Near, or part thereof,
that said Companies are operated in the City of Little Rock,
beginning with the year 1937, said annual payment to be in lieu
of all other licenses, charges, fees, or impositions (except
as herein provided for free fire and police alarm wire contacts
and the usual general or special ad valorem taxes) v:-hich might
be imposed by the city under authority conferred by law; and to
repeal all ordinances or parts of ordinances relating to the
regulation of telephone companies other than Ordinance No. 2594
as amended herein, Ordinance Teo. 1157 as amended herein, and
Ordinance No. 3718. The South western Bell Telephone Company
shall have the privilege to have credited as a payment upon the
consideration above set out any unpaid balance due said company
for telephone service rendered or facilities furnished to the
City of Little Rock.
SECTION 7. All ordinances and parts of ordinances in
conflict flerewith are hereby repealed insofar as they conflict
herevi.th and this ordinance shall take effect and be in force
from and after January 1, 1937.
PASSED: Lfnvem9em 9-1936. _ APPBOVED:
ATTEST:
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