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Ordinance 2000-08

AN ORDINANCE WHEREBY THE CITY OF JOHNSON 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:
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 February 7, 1980, in Docket U-3013 relating to the
treatment by the Telephone Company in all City special taxes;
NOW; THEREFORE: BE IT ORDAINED by the City Council of the City
of Johnson, 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 Johson, 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, and 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 3: The Telephone Company shall pay to the City on or
before March l, 2001 for the period January 1, 2001 through
December 31, 2001 inclusive and thereafter for like periods an
amount determined by multiplying the number of access lines in
service within the corporate limits of the City as of the last
day of the preceding calendar year by the sum of $1.57.
SECTION 3_L. The annual payment herein reguired 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 furnishes 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 (48) 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.
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. If light or
power attachments are desired by the City, then a separate non
contingent agreement shall be a prerequisite to such
attachments .
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.
S"ECTTQN 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 shall have ninety (90)
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. 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.