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16122i I 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. 16,122 AN ORDINANCE LEVYING FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1992; AND PROVIDING FOR THE PAYMENT THEREOF. WHEREAS, the Southwestern Bell Telephone Company ("Telephone Company") is duly authorized by ordinance to operate a telephone business and system in the City of Little Rock, Arkansas ("City"); and WHEREAS, the Telephone Company is now and will be occupying the streets, alleys, airways and other public rights -of -way of the City for the purpose of operating and maintaining its telephone system; and WHEREAS, the City is legally authorized to impose and the Telephone Company is obligated to pay a just and reasonable franchise fee in connection with its operations in the City. 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 franchise fee in an amount equal to seven and thirty -two hundredths percent (7.32$) of the Company's local exchange access line charges collected within the City's corporate limits for the calendar year 1991, or a minimum of One Million Nine Hundred Fifty Thousand Dollars ($1,950,000). SECTION 2. Payments to the City by Southwestern Bell Telephone Company for the net additional fee as provided for in Section 1 hereof shall be made monthly by the 30th day of each month except for the December payment which shall be made by the 15th of December. SECTION 3. Not later than March 31, 1992, Southwestern Bell's access line revenue collected in Little Rock during 1991 M 653 a- i2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 448 will be certified to the City by a responsible official of the Company. April and subsequent monthly payments will be adjusted to provide the total amount due the City in 1992, (7.32$) of 1991 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. 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 franchise 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 franchise fee. SECTION 7. This ordinance shall be in effect on and after January 1, 1992. PASSED: November 19, 1991 APPROVED AS TO FOP14: Y: A...� " P A L '1D .� OR