20975 1 ORDINANCE NO. 20,975
2
3 AN ORDINANCE TO FIX AND IMPOSE THE AMOUNT OF FEES AND
4 CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS,
5 BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
6 LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL
7 BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
8 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF
9 LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
10 NO. 15,706 (JULY 5, 1989); AND FOR OTHER PURPOSES.
11
12 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone on
13 December 17, 1962; and
14 WHEREAS, the City has had the authority to require such franchises for public utilities utilizing the
15 City rights-of-way since 1935 by virtue of Act 324 of 1935,and upon any other statutory or legal authority;
16 and
17 WHEREAS, the transmission of communications by telephone or telegraph meets the definition of
18 public utility under Arkansas Law by virtue of Act 324 of 1935; and
19 WHEREAS, subsequent to the passage of the original franchise agreement, and its subsequent
20 amendments, there have been monumental changes in the telecommunications industry, including the
21 divestiture of the long distance telephone service monopoly once enjoyed by Southwestern Bell Telephone
22 and American Telephone and Telegraph Companies so that numerous companies compete to provide
23 customers with long distance telecommunication services within the City of Little Rock, Arkansas; and
24 WHEREAS, the City is entitled to receive such just and reasonable fees from the providers of long
25 distance telecommunication services for their use of the City streets,alleys,airways,and other public rights-
26 of-way,which the City may lawfully impose and the companies are obligated to pay.
27 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
28 OF LITTLE ROCK,ARKANSAS:
29 Section 1. Section 3 of Ordinance No. 15,706,as amended, is hereby amended to include the following:
30 For the year beginning January 1, 2015, there is hereby levied against, and shall be
31 collected from, all providers of long distance telecommunications services a fee in the
32 amount of$0.004 per minute for toll calls charged to a service address within the corporate
33 limits of the City of Little Rock, Arkansas. The provider of long distance
34 telecommunications services shall be responsible for assuring that this fee is paid to the
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1 City. This fee is levied as a franchise fee and shall be collected by the provider of long
2 distance telecommunications services in accordance with Arkansas Law.
3 Section 2. Payments to the City by companies providing long distance telecommunications services in
4 accordance with the franchise fee imposed herein shall be made monthly within thirty(30)days of the end
5 of each month commencing January 1, 2015.
6 Section 3. The City reserves the right to perform any necessary public works or make any necessary
7 public improvements to the City's rights-of-way or airways (to the extent airways are related to facilities
8 attached to or between poles)during the term of this Agreement. If, as a result of any action by the City, or
9 by any action authorized by the City for the benefit of the public good, relocation of any of the Company's
10 conduit or other facilities is required, such relocation shall be accomplished at the sole expense of the
11 Company. Nothing in this Franchise shall be deemed a waiver of the City's right to require the Company
12 to comply with all applicable zoning and other applicable regulatory ordinances or to pay any reasonable
13 permit fees or to seek appropriate authorizations from the Company to perform any work in connection
14 with the Franchise. Should the City close,eliminate,or discontinue use of any public street during the term
15 of this Franchise, or any renewal term, this Franchise shall cease with respect to such streets upon the date
16 of final action by the City with respect to the closure, elimination or discontinuance of such streets.
17 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed; provided,
18 however,only to the extent that the same are in direct conflict herewith. Except as provided,nothing herein
19 shall be construed to alter or change the terms or conditions of the present franchise under which the
20 providers of long distance telecommunications services are operating, pursuant to Ordinance 15,706 and
21 15,729.
22 Section 5. This ordinance shall be in effect on and after January 1, 2015.
23 PASSED: December 16,2014
24 A APPROVE : 7
25 NI
/ /71(//
26 I2.i
27 us. a ey,City Clerk Mark Stodola,Mayor
28 APP` I V AS TO LEGAL FORM:
29 /k
3 0 Oftel('t,°'�"^,"" 6.4040,shs_
31 Thomas M. Carpenter,City Attorney
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