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Be it ordained by the (;OUncil of tjle Cit.
T
of Arkansas that, Of ?ateaville, of the State
SECTION 1. The Southwestern Bell TelephonA ccmpany,
Migh-8--Mervin referred to as "Telephone C its successors and
OmPRAY") shall continue to
OPsratO Its telephone system In the City of Batesville
(herein referred to as VIW P State Of Arkansas,
"^itY The plan p
Le giving Of telephone service and to the main_
used In or Ineldent to th t construction and arurtenances
tenance Of a telephone business and system by the Telephone Conrany in
sold City shall remain as now Constructed, subject to such ch-unges as
rky be consldere.T necessary by the City, In the exercise of its Inherent
powers and by the Telephone Company In the conduct Of Its business,, and
said Tel ComPany shall continue to exercise Its right Lo place,,
rezove,* construct and reconstruct, extend and maintain its said plant
and arvInurtenancas. as the business and purposes for which it is or may
be Incorporated may from time to time require.. along, ' across, Ono over,
through, above and under all the Public streets, avenues, al -lays, and
the public grounds and places within the limits of said City as the
3amO fPOR time to time may be established.
SECT;oN 20 Th�w Telephone Company al)all n&7 to the City thea sum of
FVV�e--'un�drsd and Twenty-pive hollarn (Z'5 5.00)# On the first day of
April, 1944, as a like Ban on the first stay Of April,, annually 1%0 -here -
afters for to tem of five (5) Years* beginning the first day of April,
1944, provided that at the expiration of the initial five
term (to -wit, on April Is (5) Year
1940)t and at the explrati. on of each sue-
cessive five (5) year term, such term shall be ende-� and automatleRl-
ly renewer forthwith for a successive term of like duration arjo_ shall
continue, thereafter until terminated by either party,, but condittoned,,
however, that if not lose than sixty (60) days prior to the expiration
of the Initial five (5) your term (that is
1949) or to the expiration of any succesal't 60 days prior t
0 April 1,
ve five (5) year term,
written notice shlill t,e Civen elther to the Telephone Company, by the
Citys or to the City$ by the Telephone Companyj, setting forth the
desire of the. "l -Ver Of eel"! notice to ter minf�to this agreement, then
in such case this agree r-ent shall terminate at the Sxplratlon of the
then current torm; said nayvlents to be In lieu of all Other licenses,
charges, fees or imposition& (other then the usual general or special
a0, Valorem taxo�s) Which now exist or virht be Ir.po3ed L7 t1 -
.a pity
under Authority conferred by law. The Telephone Compashall
thp privilege
of e'�reeltlnV, such BUMS with any unpaid balny ance duehave
Said Company for telephone service rendered or facilitles furrJohee.
to said CNIty.
3EET-LJ_N3- The Telephone cow,,V&rq on the request of any per re shall
remove or raise or lower Its wires temporarily to permit the moving
Of !souses or other structures. The expanse
metres shall be paid Parrthmay
ty, or
ra0val, raising or lowering of � Of suchtemporaryre-
parties requestIng the ay.,mc% and the TelephoneCOMY reqsucl%1, ay'visnt In advance, The Telephone Compsriy shall be �Ivon not
16sa than forty-el�t bours advance notice t,) arrange for such
temporary wire changes.
8
- 2 -
4. Permission is hereby granted to the Telephone Company
to trM t ees upon and overhanging streets, alleys, sidewalks and
Public places of said City 80 as to prevent the bran6hes of such
trees frovi ecaing in contact with the wirrs and cables of the
Telephone Company, all the said trimming to be done under the
supervision and dAlrection of any City official to whom said duties
1.1ave been or may be delegated.
3ECTION 5. Nothing in this Ordinance contained shall be construed
to i4qulre or permit any electric light or power wire attachments
by the City or for the City. Tf light or power attac1liments are
desired by the City or for the City, then a separate non -contingent
agreement shall be a prerequisite to such attachments.
SECTION 6. Noth1n3 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 said City*
SECTION 7. All other ordinanees and agreements and parts of or-
d!nances and agreenerits relating to the operation of or right to
operate telephone systems -within said City are hereby repealed.
SECTION S. The said Telephone Company shall have twenty (20) days
frre Z-ff-after its passage and approval to file Its written ac-
ceptance of this ordinance with the City Clerk, and upon such ac-
ceptance being filed, this ordinance shall be considered as taking
effect and being In force from, and after the date of its passage
and af:,proval by the Mayor.
Approved this day of
A'YT MET -
'oolle
erk - - - -------- 7