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HomeMy WebLinkAbout1996-10-01 ORDINANCE NO. AN ORDINANCE WHEREBY THE CITY OF BATESVILLE 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 FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 1997, AND FUTURE YEARS FROM THE TELEPHONE COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: ® WHEREAS; the City desires to continue at an increased rate, the current fee imposed upon the Telephone Company which shall be in lieu of all other licenses, charges, fees or special taxes other than the usual general or special ad valorem taxes, and WHEREAS; it is the intent of the City to standardize the rate paid to the City among major franchised utilities; NOW; THEREFORE; BE IT ORDAINED by the City Council of the City of Batesville, State of Arkansas that: SECTION I. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "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 the City of Batesville, State of Arkansas, (herein referred to as "City"). The plant construction and appurtenances used in or incident t 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 continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the 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 II. The Telephone Company shall pay to the City an annual sum in the amount of 4.25% of revenues collected from residential, commercial and industrial • customers within the corporate limits of Batesville, Arkansas. Said fee shall be paid quarterly, on or before January 15, April 15, July 15, and October 15, and in accordance with the rules and regulations of the Arkansas Public Service Commission. For the purpose of clarification, the first payment under the terms of this Ordinance shall be due and payable on or before April 15, 1997. SECTION III. The payments 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 law. 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 IV. The Telephone Company on the request of any person shall l remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expenses 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 V. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said Cityso 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 VI. 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 VII. 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. SECTION VIII. All other ordinances and agreements and parts of ordinances and agreements in conflict herewith, relating to the operating of or right to operate a telephone system within said City are hereby repealed. SECTION IX. The said Telephone Company shall have until December 1, 1996, to file its written acceptance 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 January 1, 1997. 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 written notice of intention to terminate. EMERGENCY CLAUSE: Whereas there is a great need for revenues in the City of Batesville, Arkansas, to carry on necessary public services; and, whereas this k. • Ordinance shall become effective January 1, 1997 in order to provide for such revenues; therefore, an emergency is hereby declared to exist, and this Ordinance being necessary for the immediate protection of the public peace, health and safety, shall take effect immediately upon its passage and approval. PASSED this day of 1996. ATTEST: AYO R CITY CLERK • I I I i • t i • ACCEPTANCE WHEREAS; the City Council of the City of Batesville of Independence County, Y, Arkansas, did on the ©�'� day of CC&b(- , 1996, enact an Ordinance entitled: Ordinance No. i AN ORDINANCE WHEREBY THE CITY OF BATESVILLE 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 FEE, IN QUARTERLY INSTALLMENTS FOR THE YEAR 1997, AND • FUTURE YEARS FROM THE TELEPHONE COMPANY; REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES: and I I i WHEREAS, said ordinance was on the �tv day of (� 1996, 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 acceptance with the City Clerk of said City in her said office. Dated this day of ) 19 Approved: SOUTHWESTERN BELL TELEPHONE COMPANY I I By General Attorney Name and Title Acceptance filed in the office of the City Clerk of Batesville this day of , 19 I • I 1 City Clerk