17643= = ! = M
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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.
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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
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January 1, 1998.
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PASSED: December 16, 1997
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ATTEST:
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CITY CLERK ROBBIE HANCOCK
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APPROVED AS TO FORM:
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THOMAS M. CARPENTE
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CITY ATTORNEY
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APPROVED: `
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MAC R JIM DAILEY