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152051 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 ORDINANCE NO. 15,205 0 M M AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1987; 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 operate its telephone system and all business incidental 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 this 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 1986 or a minimum of One Million Eight Hundred Sixty Thousand Dollars ($1,860,000.00). 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 407 D -�q E - I Southwestern Bell Telephone Larry Ross 1111 West Capitol "Manager Room 1096 Little Rock, Arkansas 72203 Phone (501) 373 -5621 ACCEPTANCE WHEREAS; the City Council of Little Rock of Pulaski County, Arkansas, did on the 4th day of November A.D. 1986 , enact an ordinance entitled: 15,205 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 BUSINES 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 4th day of November A.D. 1986 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 2nd day of February , 19 87 Approved: SOUTHWESTERN BELL TELEPHONE COMPANY a), J��o r' B General Attorney President- Arkansas Division Acceptance filed in the office of the City Clerk of This _L� day of A.D. 19�. ity Clerk r M M r M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 :1 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, 1987, Southwestern Bell's access line revenue collected in Little Rock during 1986 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 1987 (7.328) of 1986 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 -3013 relating to the treatment by the Telephone Company of all City special fees. In so. recognizing, the City expects that the said net additional 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 as provided for in Ordinance No. 11,345 except that 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, 1987. PASSED: November 4, 1986 ATTEST: I APPROVED: ACTING MAYOR TOM MILTON