21674 1 ORDINANCE NO. 21,674
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 SERVICES, AND ALL
7 BUSINESS INCIDENTAL TO, OR CONNECTED WITH, THE
8 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF
9 LITTLE ROCK, ARKANSAS; TO AMEND SECTION 3 OF LITTLE
10 ROCK,ARK.,ORDINANCE NO. 15,706 (JULY 5, 1989); AND FOR OTHER
11 PURPOSES.
12
13 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone on
14 December 17, 1962; and,
15 WHEREAS,the City has had the authority to require such franchises for public utilities utilizing the
16 City rights-of-way since 1935 by virtue of Act 324 of 1935,and upon any other statutory or legal authority;
17 and,
18 WHEREAS, the transmission of communications by telephone or telegraph meets the definition of
19 public utility under Arkansas law by virtue of Act 324 of 1935; and,
20 WHEREAS, subsequent to the passage of the original franchise agreement, and its subsequent
21 amendments, there have been monumental changes in the telecommunications industry, including the
22 divestiture of the long distance telephone service monopoly once enjoyed by Southwestern Bell Telephone
23 and American Telephone and Telegraph Companies so that numerous companies compete to provide
24 customers with Long Distance Telecommunication Services within the City of Little Rock; and,
25 WHEREAS,the City is entitled to receive such just and reasonable fees from the providers of Long
26 Distance Telecommunication Services for their use of the City streets, alleys, airways, and other public
27 rights-of-way,which the City may lawfully impose and the companies are obligated to pay.
28 NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
29 ' OF LITTLE ROCK,ARKANSAS:
30 Section 1. Section 3 of Little Rock, Ark., Ordinance 15,706 (July 5, 1989), as amended, is hereby
31 amended to include the following:
32 For the year beginning January 1, 2019, there is hereby levied against, and shall be
33 collected from, all providers of Long Distance Telecommunication Services a fee in the
34 amount of$0.004 per minute for toll calls charged to a service address within the corporate
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1 limits of the City of Little Rock, Arkansas. The provider of Long Distance
2 Telecommunication Services shall be responsible for assuring that this fee is paid to the
3 City. This fee is levied as a Franchise Fee and shall be collected by the provider of Long
4 Distance Telecommunication Services in accordance with Arkansas State Law.
5 Section 2. Payments to the City by companies providing Long Distance Telecommunication Services
6 in accordance with the franchise fee imposed herein shall be made monthly within thirty (30) days of the
7 end of each month commencing January 1,2019.
8 Section 3. The City reserves the right to perform any necessary public works or make any necessary
9 public improvements to the City's rights-of-way or airways (to the extent airways are related to facilities
10 attached to or between poles) during the term of this Agreement. If, as a result of any action by the City,
11 or by any action authorized by the City for the benefit of the public good,relocation of any of the Company's
12 conduit or other facilities is required, such relocation shall be accomplished at the sole expense of the
13 Company. Nothing in this Franchise shall be deemed a waiver of the City's right to require the Company
14 to comply with all applicable zoning and other applicable regulatory ordinances or to pay any reasonable
15 permit fees or to seek appropriate authorizations from the Company to perform any work in connection
16 with the Franchise. Should the City close,eliminate,or discontinue use of any public street during the term
17 of this Franchise, or any renewal term,this Franchise shall cease with respect to such streets upon the date
18 of final action by the City with respect to the closure,elimination or discontinuance of such streets.
19 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed;provided,
20 however,only to the extent that the same are in direct conflict herewith.Except as provided,nothing herein
21 shall be construed to alter or change the terms or conditions of the present franchise under which the
22 providers of Long Distance Telecommunication Services are operating, pursuant to Ordinance No. 15,706
23 (July 5, 19889) and Ordinance No. 15,729 (August 1, 1989).
24 Section 8. Effective Date. Because an ordinance of this nature remains in effect until abandoned, and
25 in light of the language of the current Section 1 of this ordinance, it is noted that the Franchise Fees set
26 forth in Section 1 of this ordinance shall be in full force and on January 1,2019.
27 PASSED: I • • : ber 11,2018
28 L I r APPROVE :
29I
41k..,- Al g(1-1€6'
30 liniremii .
31 , us': ' :4, • ,City Clerk Mark Stodola,Mayor
32 APP' , S TO LEGAL FORM:
33 /
34 /� �' I _/./
35 :omas M. Carpenter,Ci- • ttorney/
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