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AN ORDINANCE WHEREBY THE CITY OF JONESBORO 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 PAYMENT FROM THE TELEPHONE COMPANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-71:2473 ON DECEMBER 20, 1971; ORD-75:2267 ON MAY 5, 1975; ORD-78:1966 ON DECEMBER 4, 1978)
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WHEREAS, the City desires to enact and impose upon the Telephone Company a tax 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, the City recognizes and concurs in the purpose and intent of an order of the Arkansas Public Service Commission entered on December 10, 1957, in Docket U-1281 relating to the treatment by the Telephone Company of all City special taxes;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, State of Arkansas that:
SECTION 1: 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 Jonesboro, State of Arkansas, (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 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 2: The Telephone Company shall pay to the City for the year beginning January 1, 1970, the sum of $53.000.00 payable in semi-annual installments of $26,500.00, the first of such installments being payable on or before June 30, 1970, and the second installment for the year 1970 payable on or before December 31, 1970; and thereafter in the same manner; provided however that should the City be granted the authority by the State of Arkansas to impose any sales, income or payroll taxes or should the City receive through the State of Arkansas a portion of any sales, income or payroll taxes, not now levied, but which may be in the future, imposed by the State upon persons residing or working within the corporate limits of the City, then the aforesaid annual payment shall be reduced in the year following the receipt of such taxing authority or tax payment to the greatest sum which will not result in a pass-on to the Telephone Company's subscribers under aforesaid Docket U-1281: that is, the greatest tax collectible form the Telephone Company without the tax being collectible from telephone subscribers as an addition to the permissible rate for service.
Section 3: The annual payment 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 4: 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 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 5: Permission is hereby granted to the Telephone Company to trim trees 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 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 6: 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. It light or power attachments are desired by the City or for the City, and then a separate non-contingent agreement shall be a prerequisite to such attachments.
Section 7: 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 8: All other ordinances and agreements and parts of ordinances and agreements relating to the operating of or right to operate a telephone system within said City are hereby repealed.
Section 9: The said Telephone Company having herewith filed its written acceptance of this ordinance with the City Clerk, 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. 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 notice of intention to terminate.
PASSED and ADOPTED this 1st day of December, 1969.