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ORDINANCE NO. 15,752
AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID
BY SOUTHWESTERN BELL TELEPHONE COMPANY. FOR THE YEAR 1990;
AND PROVIDING FOR THE PAYMENT THEREOF.
WHEREAS, the Southwestern Bell Telephone Company (hereinafter
sometimes referred to as "Telephone Company ") is duly authorized
by ordinance to or connected with the conduct of a telephone
business and system in the City of Little Rock, all beneficial to
the inhabitants thereof residing in said municipality; and
WHEREAS, the Telephone Company is now and will be occupying
the streets and alleys of the City for the purpose of, operating and
maintaining its telephone system to the municipality and the
inhabitants and customers residing in said municipality; and
-- WHEREAS, -the City -is entitled to receive just and - reasonable
fees from the Telephone Company which the City may lawfully impose
and the Telephone Company is entitled to pay.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. There is hereby imposed and Southwestern Bell
Telephone Company shall pay to the City a privilege fee in an
amount equal to seven and thirty -two hundredths percent (7.32 %) of
the Company's access line billing revenues for the calendar year
1989, or a minimum of One Million Nine Hundred Thousand Dollars
($1,900,000).
SECTION 2. Payments to the City by Southwestern Bell
Telephone Company for the net additional fee as provided for in
Section 1 hereof shall be made monthly by the 30th day of each
month except for the payment the month of December which shall be
made by the 15th of December.
SECTION 3. Not later than March 31, 1990, Southwestern
Bell's access line revenue collected in Little Rock during 1989
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will be certified to the City by a responsible official of the
Company. April and subsequent monthly payments will be adjusted
to provide the total amount due the.City in 1990, (7.32 %) of 1989
certified revenue.
SECTION 4. The City recognizes and accepts the purposes and
results of an Order of the Arkansas Public Service Commission
entered on February 7, 1980, in Docket U -30132 relating to the
treatment by the Telephone Company of all city special fees. The
fees, together with costs of collection thereof, provided for by
Section 1 hereof, may be passed on to the customers of the
Telephone Company in keeping with the provision of the said Order
of the Arkansas Public Service Commission.
SECTION 5. It is acknowledged that Ordinance No. 11,345
amended by Ordinance No. 14,981 which set out the terms and
conditions of the present privilege authority under which the
Telephone Company is operating is the controlling document over
this franchise. — -
SECTION 6. Nothing herein contained shall be construed as
altering or amending any other rights or obligations of the City
or the Telephone Company and provided for in Ordinance No. 11,345
except the .portion of Section 2 of Ordinance No. 11,345 pertaining
to the method of calculating the Telephone Company's annual
privilege fee.
SECTION 7. This Ordinance shall be in effect January 1,
1990.
PASSED: September 19, 1989
ATTEST:
ASST. CITY CLERK ROBBIE EANCOCK
APPROV AST FORM:
MARK STODOLA, CITY ATTORNEY
APPROVED:
Z��LD`7c/ 1,•�u"v��
VICE MAYOR SHARON PRIEST
W
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ACCEPTANCE
WHEREAS, the City Council of the City of Little Rock of Pulaski County,
Arkansas, did on the 19th day of September A.D. 1989, enact an ordinance
entitled
Ordinance No. 15.752
AN ORDINANCE WHEREBY THE CITY OF LITTLE ROCK 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:
and —
WHEREAS, said ordinance was on the 19th day of September A.D. 1989 duly
approved and signed by the Mayor of said City and the seal of said City
thereto affixed and attested by the City Clerk:
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.
Dated this 16th day of October, 1989
SOUTHWESTERN BELL TELEPHONE COMPANY
Approved:: �
—4&. � Presiders ansas
General Attorn y
Acceptance filed in the office of the City Clerk of p
This .11, day of 13 a A.D. 19-*'!?
City Clerk.i