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HomeMy WebLinkAbout647u7 c 6ELL r 1t 2 Av�_ ol'Y 1,ty Sil," LL ui% 2- Ix iOk i'10 ED U, Cc Y�YP To Gh T 1, B-Us 17�,"- Ls­ 1' TL LL lf 3 C-2y, 0i '_ � -21 1- T 1-117 -1 _L vD Cvi�Tl� UL TO I'D SYS i _N S GIT C,1' a, 'G,.S T R T h Y-' I L 3 L UY U P PLLCES l'N 1,1- P, V IN J,'PS !�L`ET 0 hys i� U 3L IC 'IR3 Li E co-: LL P'U EL 10 S T Ti TZLEPiON �;E 1,,,h 'U L rpj�� CITY S":�:'LL R_ CITY; T Col,�FLICT N' �,_rksnses be it ordained by the City Council of t)-lie "t" of 3atesvilles :.signs (herei3a its successors and CD cut�,v,,ectern '3e1l 'elephonel U01.-z' tF3 its telephone system Section 1. 1',e J P -nue to operate _ny,, Conti inr,of 9. telephone business -ecl F"s "Telephone i_;omp -ith the conduct feri ected w tInt and all business incidental to or conn y"). The -t - rlkansss, (heruin re]"'erred to 'as andsystem in the jity of 3q.tesvill6s, ins ed in or incident to the F'lv g, of telephone plant construction end '12purtericnces usephone business and system by the Telephone service and to the maintenance of q te-L ed, subject to such ciipnges As may City shr_-Al remain 2-s now construct sgia Ci -at powers and by the Company in t'-Ie exercise of its inhere Y shall be considered necessary by the City i-�' - Of, its business, arid said Tele,phone COmPan Telephone UOMPanY in the conduct3 rerriove, construct and reconstruct, extend e its right to L)iac( , _)Oses for which continue to exercis e.nces as the business and pur, and maintain its said plant and appurtenances along, across, on, over, it is or may be incorporated may from le time require, s arid the public through, above Rn( the public streets, avenues, alle/y , ma Y anti uric�or all said City as the same from time to time grounds f;-,-d places withiri*.the limits Of be established. Aty the sum of Fifteen Hundred I _any 8,11ell -cy to the 'J he first day Section 2. The Telephone �;ORP , 11�_'ril 1954, arid 0 like sum on tl the first day Of -I 0 on tl s � Y (", yeF,rs, beginning t* first day of 'pril annually thereafter, for 9 term * of five 5) year term, the exrj_r�� tion of the initial f ive k provided that at "' (r,) year term, of April, 19�A' p or. of each successive five L, . to-,Nit, on -,'.pril 1, lqzo, and at the expiration ith hfor a successive but term of such term shall be ended and aut-omaticanewedTIPJ continue 1959) ren until termirieted.fo r t Iby either party, like duration and shall (60) days prior to th�3 expir'�­ition conditioned however, that if arm then sixty �pril 1, 1959), or to 60 days prior to 1� e year term (that is, 4-ten notice shall be given of the initial five (,5) year term, -viir i - the expirs-tion of anY successive five to the City, by the Telephone either to the Telephone Coll-I-Pany, by the �;ity, or said notice to t6rfainp-te this a.ree- _ornpan� , 17 the then r se-,;tilig forth the desire of the S' er of eement shall terminate pt tile, expir�Aion Of R,ent, then in such case lieu of all other licenses, charges, fees or said payments to be in current tern; sal special ad valorem taxes) which might impositions,'Otner than the usual general or spe shall City under autl-lority conferred byTelephone CqnvanY be imposed by the surns with any unpaid baiance due said GOm."any have the privilege of crecitinl,- such 0 4shed to said City. or facilities furi'i- for telephone service rendered he request of p�_riy person shall remove or raise Section 3. TjI6 Telephone COr�`-'ally on the GO per-nit the moving 6-.—lower -its wires tiemi�,or. -L-ily of houses or other structures. in- or lowering of -�,dres shall be pri6 by The expense of, such temporary removal, r,��is . i h .,OL,panyrecuire sloin the party or parties requesting the same, and the Telephone " payment i I n �)dvpnoe- 2he Telephone Gorrcpany shall 'he �iven riot less than forty-eight notice to ��rrnn,7e for sue!,. -15ernpor-ry �;ire chpn,;-e,-. hours a6_vF--ncc no _rqnted to the Telephone �;OMIPRXIY 'to trim trees upon Section. 4. 1-erinission is hereby , sidewnlks and public places of said City so rs to s e r FT -rid cable id overhenging streets, alleys, ch -trees from 009'111S in con.t�ct v4ith the wires prevent the branches of su ervision arid of the Telephone Company, p.11 the s!�id trimAn to done under the sup direction of any G-,Lty official to whom said duties have been or may be dele�,--'ted. I ng in this iordinf-nce contpine& s,11ali be construed to reouire or pernit erection ". -,,'Othi Uity or for the City. if li-lit 22LLI_-�U - h er wire attachments by tl-O 0 any 6—lectric t Or PO-v' desired by the ity or for the �;ity, then a separate non- o r power attachments are reauisite to such attachments. contingent agreement shall be a pre Iip - the Telephone �;on,PRIIY section E. !,:othlnL� herein 001--ItRille�'- all coristrued �s xivin,� airy exclusiveppriviieges, nor shall prior it affect rany or existing ri6li-ts of the Teies.'hone Company to nnintnin a telephone system within the City. erection 7..fell other oralinPrIces and agreements and parts of or6inances and agreements f -0. & 14W AMR 1� re-iatino to the operating of or right to operate a telephone system within s^id City are hereby repeFlec. S;eetion 8. The said Telephone C%orr.pnIIy sl -^11 hrvefh;Rt(3o) days from and a. tear i`ts passage and approval to file its written acc ptance of this ordinance with the City Clerk, and upon such acceptance beinb filed, this ordinance shall be car:sic.ered as taking effect and besLLg in force from and After the date of its passage ^nd ai proval by the -ayor. iassed: 1954, c3--� -� Wit„ st: ` �_�_, r_r'I=R:�V�.;I:�: ,ha yo r. i lerk. +— IM .� VIAr ACCEPTANCE WHEREAS, the City Council of the City of Batesville of Independence County, Arkansas, did on the 9th day of March A.D. 1954, enact an ordinance entitled: (Ordinance 647) AN ORDINANCE WHEREBY THE CITY OF BATESVILLE, 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 INCIDEIvIAL TO OR CONNECTED WITH THE CONDUCTING OF A TELEPHONE BUSINESS AND SYSTEM 1N SAID CITY, AND ERECT AND MAINTAIN ITS PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AIJEIIUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT FROM THE TELEPHONE COMPANY, A.`aD REPEALING ALL ORDINANCES AND AGREE14ENTS IN CONFLICT HERE4TITH: and WHEREAS, said ordinance was on the 91h day of .March A.D. 1954, duly approved and signed by the Mayor of said City. NOW, THEREFORE, in compliance with the terms of said ordinance so enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and files this its written acceptance with the City Clerk of said City in his said office. vr,,.. Dated this 12th day of March , 1954• Approved: 4;�2/1_ice ✓ Att _� SOUTHWESTERN BELL TELEPHONE COMPANY BY V e President -Operations Acceptance filed in the office of the City Clerk of��l� This day of L C 4L,', _,A.D. 19 � City Clerk