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159771 2 3 ORDINANCE NO. 15.977 4 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES 5 TO BE PAID BY SOUTHWESTERN BELL TELEPHONE 6 COMPANY FOR THE YEAR 1991; AND PROVIDING FOR 7 THE PAYMENT THEREOF. M 502 8 9 WHEREAS, the Southwestern Bell Telephone Company (hereinafter 10 sometimes referred to as "Telephone Company ") is duly authorized by 11 ordinance to or connected with the conduct of a telephone business 12 and system in the City of Little Rock, all beneficial to the 13 inhabitants thereof residing in said municipality; and 14 WHEREAS, the Telephone Company is now and will be occupying 15 the streets and alleys of the City for the purpose of operating and 16 maintaining its telephone system to the municipality and the 17 inhabitants and customers residing in said municipality; and 18 WHEREAS, the City is entitled to receive just and reasonable 19 fees from the Telephone Company which the City may lawfully impose 20 and the Telephone Company is entitled to pay. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK, ARKANSAS: 24 SECTION 1. There is hereby imposed and Southwestern Bell 25 Telephone Company shall pay to the City a franchise fee in an 26 amount equal to seven and thirty -two hundredths percent (7.32 %) of 27 the Company's local exchange access line charges collected within 28 the City's corporate limits for the calendar year 1990, or a 29 minimum of One Million Nine Hundred and Twenty -five Thousand 30 Dollars ($1,925,000). 31 SECTION 2. Payments to the City by Southwestern Bell 32 Telephone Company for the net additional fee as provided for in 33 Section 1 hereof shall be made monthly by the 30th day of each 34 month except for the payment the month of December which shall be 35 made by the 15th of December. 36 0-1-7 6 -7 r r 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 • ` 503 SECTION 3. Not later than March 31, 1991, Southwestern Bell's access line revenue collected in Little Rock during 1990 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 1991, (7.32%) of 1990 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 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 franchise fee. SECTION 7. This Ordinance shall be in effect January 1, 1991• PASSED: December 4, 1990 ATTEST: GIFY GLENK-IJAVE CZECH APPRO A'f"'L TO ORM: MARK STODOL , CITY ATTORNEY APPROVED: 1 U MAYO FL D G. 'BUDDY^ VILLA S