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*W <br />S ORDINANCE N0. <br />AN ORDINANCE WHEREBY THE CITY 01_44214 yv"I8 OF TRF. STATE OF AND THE 4 <br />SOUTHI@STERN BELL TELEPHONE COMPANY, A MISSOURI . CORPORATION, AGREE THAT TAE TELEPRONE COMPANY SHALL <br />CONTINUE TO OPERATE ITS TELEPHONE SYSTEM IN SAID CITY, AND ERECT AND Y..AINTAIN ITS PLANT CONSTRUCTION <br />AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PU9LIC STREETS, AVENUES, <br />ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM <br />THE TELEPHONE COMPANY, /AIM REPEALING ALL AGREFMFNTS IN CONFLICT MMITH: <br />Be it ordained by the l 81Md,C..e. of the City oz 2/ , of the State of <br />Q/ tortl'nitnt.a. that: <br />SECTION 1. The Southwestern Bell Telephone Company, its succeseors and assigns (herein ferred.t9 <br />as "Telephone Company") shall continue to operate its telephone system in the City ofQ 1 a to LLR,� <br />State of a4,4COA4,o eyoi (herein referred to as "City"). The plant construction and appurtenances <br />used in or incident to the giving of telephone service and to the maintenance of a telephone business <br />and system by the Telephone Company in said City shall remain as now constructed, subject to such <br />changes as may be considered necessary by the City in the exercise of its inherent powers and by the <br />Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise <br />its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances <br />as the business and purposes 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 the public grounds <br />and places within the limits of said City as the same from time to time may be established. <br />SECTION 2. The Telephone Co Y/ a -� <br />ph Company shall p� the City the sum of .! — BPd:q on the first day <br />of - 19'x, and a like stip on the first day of annually thereafter for <br />a term _ r, _( 1�years and for successive peri ods of like ation, unless <br />sixty (EA) days' written notice is <br />given by one party to the other of its intention to terminate the same at the expiration of the then <br />current period; said payments to be in lieu of all of iease c�arPes, fees or impositions (other <br />than the usual neral or special ad valorem taxes) w c m �gnri ilhDosed by the City under authority <br />conferred by law. The Telephone Company shall have the pivilege of crediting such sums with any unpaid <br />balance due said Company for telephone service rendered or facilities furnished to said City. <br />SECTION 3. The Telephone Company on the request of any person shall remove or raise or lower its wires <br />temporarily to permit the moving of houses or other structures. The expense of such temporary removal, <br />raising or lowering of wires shall be paid by the party or parties requesting the same, and the Tele- <br />phoseCompany may require such payment in advance. The Telephone Company shall be given riot less than <br />forty-eight hours advance notice to arrange for such temporary wire changes. <br />SECTION 4. Permission is hereby granted to the Telephone Company to trim treed upon and overhanging <br />streets, alleys, sidewalks and public places of said City so as to prevent the branches of such trees <br />from coming in contact with the wires and cables of the Telenhone Company, all the said trimming to be <br />done under the supervision and direction of any city official to whom said duties have been or may be <br />delegated. <br />SECTION 5. Nothing in this Ordinance contained shall be construed to require or permit any electric <br />light or power wire attachments by the City or for the City. If light or power attachments are desired <br />by the City or for the City, then a separate non -contingent agreement shall be a prerequisite to such <br />attachments. <br />SECTION 6. Nothing herein contained shall be construed as giving to the Telephone Compary any exclusive <br />privileges, nor shall It effect any prior or existing rights of the Telephone Company to maintain a tele- <br />phone system within said City. <br />tW1tK7A_ 1-0) <br />SECTION 1. The said Telephone Company shall be- Jaya from and after its passage and approval <br />to file Its written acceptance of this ordinance with the City Clerk, and upon such acceptance being V <br />filed, this ordinance shall be considered as taking effect and being in force from and after the date <br />of its,passage and approval by the Mayor. <br />Approved this day of ��Y ✓� % A,D. 19. <br />C Cle k Mayor <br />1�_ <br />