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AN ORDINANCE WHEREBY THE CITY OF JONESBORO OF THE STATE OF ARKANSAS AND SOUTHWESTERN BELL TELEPHONE COMPANY, A MISSIOURI 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
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO OF THE 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 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 company shall pay the City the sum of two thousand dollars ($2,000.00) on the 1st day of January, 1948, for the period January 1, 1948, to December 31, 1948, inclusive and a like sum annually thereafter for a like period on the first day of January, 1949, 1950, 1951 and 1952, being a term of five years ending December 31, 1952, and for successive terms of like duration unless within four (4) months prior to the expiration of the initial term of the successive terms ending on each five year anniversary following the expiration of the initial term sixty (60) 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 five-year term. It being expressly understood that each five-year term provider for five annual payments; said payments to be in lieu of all other license charges, fees or impositions (other than the usual general or special ad valorem taxes) which might 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 3. The telephone company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of house 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 4. Permission is hereby granted to the telephone company to trim trees upon and overhanging street, alleys, sidewalks and public places of said City so as to prevent the branches of such tress 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 5. Nothing in this ordinance contained shall be constructed 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 company any exclusive privilege nor shall it affect any prior or existing rights of the telephone company to maintain a telephone system within the City.
SECTION 7. All other ordinance and agreements and parts of ordinances and agreements relating to the operating of or right o operate a telephone system within said City are hereby repealed.
SECTION 8. The said telephone company shall have sixty (60) days from and after its passage and approval 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 from and after the date of its passage and approval by the Mayor.
APPROVED this 3rd day of November, 1947.