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ORDINANCE NO. <br /> AN ORDINANCE WHEREBY THE CITY OF BATESVILLE OF <br /> THE STATE OF ARKANSAS AND THE SOUTHWESTERN BELL <br /> TELEPHONE COMPANY; A MISSOURI CORPORATION; AGREE <br /> THAT THE TELEPHONE COMPANY SHALL CONTINUE TO <br /> OPERATE ITS TELEPHONE SYSTEM AND ALL BUSINESS <br /> INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING <br /> OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY; <br /> AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND <br /> APPURTENANCES ALONG; ACROSS; ON; OVER; THROUGH; <br /> ABOVE AND UNDER ALL PUBLIC STREETS; AVENUES; ALLEYS; <br /> PUBLIC GROUNDS AND PLACES IN SAID CITY; THAT THE CITY <br /> SHALL RECEIVE AN ANNUAL FEE, IN QUARTERLY INSTALLMENTS <br /> FOR THE YEAR 1997, AND FUTURE YEARS FROM THE TELEPHONE <br /> COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN <br /> CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR <br /> OTHER PURPOSES: <br /> ® WHEREAS; the City desires to continue at an increased rate, the current fee <br /> imposed upon the Telephone Company which shall be in lieu of all other licenses, <br /> charges, fees or special taxes other than the usual general or special ad valorem taxes, <br /> and <br /> WHEREAS; it is the intent of the City to standardize the rate paid to the City <br /> among major franchised utilities; <br /> NOW; THEREFORE; BE IT ORDAINED by the City Council of the City of <br /> Batesville, State of Arkansas that: <br /> SECTION I. The Southwestern Bell Telephone Company, its successors and <br /> assigns (herein referred to as "Telephone Company") shall continue to operate its <br /> telephone system and all business incidental to or connected with the conducting of a <br /> telephone business and system in the City of Batesville, State of Arkansas, (herein <br /> referred to as "City"). The plant construction and appurtenances used in or incident t <br /> the giving of telephone service and to the maintenance of a telephone business and <br /> system by the Telephone Company in said City shall remain as now constructed, <br /> subject to such changes as may be considered necessary by the City in the exercise of <br /> its inherent powers and by the Telephone Company in the conduct of its business and <br /> said Telephone Company shall continue to exercise its right to place, remove, construct <br /> and reconstruct, extend and maintain its said plant and appurtenances as the business <br /> and purpose for which it is or may be incorporated may from time to time require, along, <br /> across, on, over, through, above and under all the public streets, avenues, alleys, and <br /> the public grounds and places within the limits of said City as the same from time to <br /> ® time may be established. <br /> SECTION II. The Telephone Company shall pay to the City an annual sum in <br /> the amount of 4.25% of revenues collected from residential, commercial and industrial <br />