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HomeMy WebLinkAbout560*W S ORDINANCE N0. AN ORDINANCE WHEREBY THE CITY 01_44214 yv"I8 OF TRF. STATE OF AND THE 4 SOUTHI@STERN BELL TELEPHONE COMPANY, A MISSOURI . CORPORATION, AGREE THAT TAE TELEPRONE COMPANY SHALL CONTINUE TO OPERATE ITS TELEPHONE SYSTEM IN SAID CITY, AND ERECT AND Y..AINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PU9LIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, /AIM REPEALING ALL AGREFMFNTS IN CONFLICT MMITH: Be it ordained by the l 81Md,C..e. of the City oz 2/ , of the State of Q/ tortl'nitnt.a. that: SECTION 1. The Southwestern Bell Telephone Company, its succeseors and assigns (herein ferred.t9 as "Telephone Company") shall continue to operate its telephone system in the City ofQ 1 a to LLR,� State of a4,4COA4,o eyoi (herein referred to as "City"). The plant construction and appurtenances used in or incident 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 continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes 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 2. The Telephone Co Y/ a -� ph Company shall p� the City the sum of .! — BPd:q on the first day of - 19'x, and a like stip on the first day of annually thereafter for a term _ r, _( 1�years and for successive peri ods of like ation, unless sixty (EA) 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 period; said payments to be in lieu of all of iease c�arPes, fees or impositions (other than the usual neral or special ad valorem taxes) w c m �gnri ilhDosed by the City under authority conferred by law. The Telephone Company shall have the pivilege of crediting such sums with any unpaid balance due said Company for telephone service rendered or facilities furnished to said City. SECTION 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 Tele- phoseCompany may require such payment in advance. The Telephone Company shall be given riot 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 treed 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 Telenhone 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 Compary any exclusive privileges, nor shall It effect any prior or existing rights of the Telephone Company to maintain a tele- phone system within said City. tW1tK7A_ 1-0) SECTION 1. The said Telephone Company shall be- Jaya from and after its passage and approval to file Its written acceptance of this ordinance with the City Clerk, and upon such acceptance being V 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. Approved this day of ��Y ✓� % A,D. 19. C Cle k Mayor 1�_