1679414 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone
15 on December 17, 1962; and
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WHEREAS, the City has had the authority to require such franchises for public utilities
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18 utilizing the City rights -of -way since 1935 by virtue of Act 324 of 1935, and upon any other statutory
19 or legal authority; and
20 WHEREAS, the transmission of communications by telephone or telegraph meets the
21 definition of public utility under Arkansas law by virtue of Act 324 of 1935; and
22
23 WHEREAS, subsequent to the passage of the original franchise agreement, and its
24 subsequent amendments, there have been monumental changes in the telecommunications industry,
25 including the divestiture of the long distance telephone service monopoly once enjoyed by
26 Southwestern Bell Telephone and American Telephone and Telegraph Companies so that numerous
27 companies compete to provide customers with long distance telecommunication services within the
28 City of Little Rock; and
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WHEREAS, the City is entitled to receive such just and reasonable fees from the providers
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31 of long distance telecommunication services for their use of the City streets, alleys, airways, and
32 other public tights -of -way, which the City may lawfully impose and the companies are obligated to
33 Pay-
34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
35 OF LITTLE ROCK, ARKANSAS:
36
O'77
ORDINANCE NO. 16,794
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614
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AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF
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FEES AND CHARGES TO BE PAID TO THE CITY OF LITTLE
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ROCK, ARKANSAS BY ALL COMPANIES THAT PROVIDE
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INTERSTATE OR INTRASTATE LONG DISTANCE
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TELECOMMUNICATION SERVICE, AND ALL BUSINESS
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INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING
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OF SUCH TELEPHONE BUSINESS IN THE CITY OF LITTLE
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ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
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NO. 15,706; AND FOR OTHER PURPOSES.
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14 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone
15 on December 17, 1962; and
16
WHEREAS, the City has had the authority to require such franchises for public utilities
17
18 utilizing the City rights -of -way since 1935 by virtue of Act 324 of 1935, and upon any other statutory
19 or legal authority; and
20 WHEREAS, the transmission of communications by telephone or telegraph meets the
21 definition of public utility under Arkansas law by virtue of Act 324 of 1935; and
22
23 WHEREAS, subsequent to the passage of the original franchise agreement, and its
24 subsequent amendments, there have been monumental changes in the telecommunications industry,
25 including the divestiture of the long distance telephone service monopoly once enjoyed by
26 Southwestern Bell Telephone and American Telephone and Telegraph Companies so that numerous
27 companies compete to provide customers with long distance telecommunication services within the
28 City of Little Rock; and
29
WHEREAS, the City is entitled to receive such just and reasonable fees from the providers
30
31 of long distance telecommunication services for their use of the City streets, alleys, airways, and
32 other public tights -of -way, which the City may lawfully impose and the companies are obligated to
33 Pay-
34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
35 OF LITTLE ROCK, ARKANSAS:
36
O'77
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615
SECTION 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to include
the following:
For the year beginning January 1, 1995, there is hereby levied against, and shall be
collected from, all providers of long distance telecommunications services a 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 a 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, 1995.
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, 1995.
PASSED: December 6, 1994
ATTEST: APPROVED:
APPROVED AS TO FORM:
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