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• ORDINANCE NO. 16,123
AN ORDINANCE FIXING AND IMPOSING THE AMOUNT
OF FEES AND CHARGES TO BE PAID TO THE CITY OF
LITTLE ROCK, ARKANSAS BY ALL COMPANIES THAT
PROVIDE INTERSTATE OR INTRASTATE LONG
DISTANCE TELECOMMUNICATION SERVICE, AND ALL
BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE
CITY OF LITTLE ROCK, ARKANSAS; AMENDING
SECTION 3 OF ORDINANCE NO. 15,706; AND FOR
OTHER PURPOSES.
449
WHEREAS, the City entered into a franchise agreement with
southwestern Bell Telephone on December 17, 1962; and
WHEREAS, the City has had the authority to require such
franchises for public utilities utilizing the City rights -of -way
since 1935 by virtue of Act 324 of 1935; and
WHEREAS, the transmission of communications by telephone or
telegraph meets the definition of public utility under Arkansas
law by virtue of Act 324 of 1935; and
WHEREAS, subsequent to the passage of the original
franchise agreement, and its subsequent amendments, there have
been monumental changes in the telecommunications industry,
including the divestiture of the long distance telephone service
monopoly once enjoyed by Southwestern Bell Telephone and
American Telephone and Telegraph Companies so that numerous
companies compete to provide customers with long distance
telecommunication services within the city of Little Rock; and
WHEREAS, the City is entitled to receive such just and
reasonable franchise fees from the providers of long distance
telecommunication services for their use of the City streets,
alleys, airways, and other public rights -of -way, which the City
may lawfully impose and the companies are obligated to pay.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
053
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450
SECTION •Section 3 of Ordinance No. 15,706, as amended,
is hereby amended to include the following:
For the year beginning January 1, 1992, there is hereby
levied against, and shall be collected from, all
providers of long distance telecommunications services a
franchise fee in the amount of $0.004 per minute for
toll calls charged to a service address within the
corporate limits of the City of Little Rock, Arkansas.
The provider of long distance telecommunications
services shall be responsible for assuring that this fee
is paid to the City. This fee is levied as franchise fee
and shall be collected by the provider of long distance
telecommunications services in accordance with Arkansas
law.
SECTION 2. Payments to the City by companies providing long
distance telecommunications services in accordance with the
franchise fee imposed herein shall be made monthly within 30
days of the end of each month commencing January 1, 1992.
SECTION 3. All ordinances and parts of ordinances that
conflict herewith are hereby repealed; provided, however, only
to the extent that the same are in direct conflict herewith.
Except as provided, nothing herein shall be construed to alter
or change the terms or conditions of the present franchise under
which the providers of long distance telecommunications services
are operating, pursuant to Ordinance 15,706 and 15,729.
SECTION 4. This ordinance shall be in effect on and after
January 1 1992.
PASSED: November 19, 1991
ATTEST:
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APPROVED AS TO FOR14:
OMA.S P4.
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CITY ATTORNEY