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17643= = ! = M 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 36 834 ORDINANCE NO. 17,643 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE YEAR 1998; 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 1997, or a minimum of Two Million Dollars ($2,000,000). 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. 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 • 0 835 SECTION 3. Not later than March 31, 1998, Southwestern Bell's access line revenue collected in Little Rock during 1997 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 1998, 7.32% of 1997 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 1 2 January 1, 1998. 3 4 PASSED: December 16, 1997 5 6 ATTEST: 7 9 p CITY CLERK ROBBIE HANCOCK 10 11 12 APPROVED AS TO FORM: 13 14 �" 15 THOMAS M. CARPENTE 16 CITY ATTORNEY 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 APPROVED: ` 0 MAC R JIM DAILEY