16793ORDINANCE NO. 16,793 6 1,2
1
2 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES
3 TO BE PAID BY SOUTHWESTERN BELL TELEPHONE
4 COMPANY FOR THE YEAR 1995; AND PROVIDING FOR
5 THE PAYMENT THEREOF.
6
7 WHEREAS, the Southwestern Bell Telephone Company ( "Telephone
8 Company ") is duly authorized by ordinance to operate a telephone
9 business and system in the City of Little Rock, Arkansas ( "City ");
10 and
11
12 WHEREAS, the Telephone Company is now and will be occupying
13 the streets, alleys, airways and other public rights -of -way of the
14 City for the purpose of operating and maintaining its telephone
15 system; and
16 WHEREAS, the City is legally authorized to impose and the
17 Telephone Company is obligated to pay a just and reasonable
18 franchise fee in connection with its operations in the City.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
20 THE CITY OF LITTLE ROCK, ARKANSAS:
21
22 SECTION 1. There is hereby imposed and Southwestern Bell
23 Telephone Company shall pay to the City a franchise fee in an
24 amount equal to seven and thirty -two hundredths percent (7.32$) of
25 the Company's local exchange access line charges collected within
26 the City's corporate limits for the calendar year 1994, or a
27 minimum of Two Million Dollars ($2,000,000).
28 SECTION 2. Payments to the City by Southwestern Bell
29 Telephone Company for the net additional fee as provided for in
30 Section 1 hereof shall be made monthly by the 30th day of each
31 month except for the December payment which shall be made by the
32 15th of December.
33 SECTION 3. Not later than March 31, 1995, Southwestern
34 Bell's access line revenue collected in Little Rock during 1994
35 will be certified to the City by a responsible official of the
36 Company. April and subsequent monthly payments will be adjusted to
D-"
C- 5
1 provide the total amount due the City in 1995, 7.32% of 1994
2 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 on and after
January 1, 1995.
PASSED: December 6, 1994
ATTEST: APPROVED:
CITY CLERK ROBBIE HANCOCK MAY IM DAILEY
APPROVED AS TO FORM:
V1.f.Y .9• Vffll
CITY ATTORNEY