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1 ORDINANCE NO. 18,151
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4 AN ORDINANCE FIMG AND IMPOSING THE AMOUNT OF FEES AND
5 CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS
6 BY ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE
7 LONG DISTANCE TELECOMMUNICATION SERVICE, AND ALL
8 BUSINESS INCIDENTAL TO OR CONNECTED WITH THE
9 CONDUCTING OF SUCH TELEPHONE BUSINESS IN THE CITY OF
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LITTLE ROCK, ARKANSAS; AMENDING SECTION 3 OF ORDINANCE
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12 NO. 15,706; AND FOR OTHER PURPOSES.
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14 WHEREAS, the City entered into a franchise agreement with Southwestern Bell Telephone on
15 December 17, 1962; and
16 WHEREAS, the City has had the authority to require such franchises for public utilities utilizing
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the City rights -of- -way since 1935 by virtue of Act 324 of 1935, and upon any other statutory or legal
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19 authority ; and
20 WHEREAS, the transmission of communications by telephone or telegraph meets the definition
21 of public utility under Arkansas law by virtue of Act 324 of 1935; and
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WHEREAS, subsequent to the passage of the original franchise agreement, and its subsequent
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24 amendments, there have been monumental changes in the telecommunications industry, including the
25 divestiture of the long distance telephone service monopoly once enjoyed by Southwestern Bell Telephone
26 and American Telephone and Telegraph Companies so that numerous companies compete to provide
27 customers with long distance telecommunication services within the City of Little Rock; and
28 WHEREAS, the City is entitled to receive such just and reasonable fees from the providers of long
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30 distance telecommunication services for their use of the City streets, alleys, airways, and other public
31 tights -of -way, which the City may lawfully impose and the companies are obligated to pay.
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33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
34 CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to include the
following:
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For the year beginning January 1, 2000, 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, 2000.
SECTION 3. The City reserves the right to perform any necessary public works or make any
necessary public improvements to the City's rights -of -ways or airways (to the extent airways are related
to facilities attached to or between poles) during the term of this Agreement. If, as a result of any action
by the City, or by any action authorized by the City for the benefit of the public good, relocation of any
of the Company's conduit or other facilities is required, such relocation shall be accomplished at the sole
expense of the Company. Nothing in this Franchise shall be deemed a waiver of the City's right to require
the Company to comply with all applicable zoning and other applicable regulatory ordinances or to pay any
reasonable permit fees or to seek appropriate authorizations from the Company to perform any work in
connection with the Franchise. Should the City close, eliminate, or discontinue use of any public street
during the term of this Franchise, or any renewal term, this Franchise shall cease with respect to such
streets upon the date of final action by the City with respect to the closure, elimination or discontinuance
of such streets.
SECTION 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed;
29 provided, however, only to the extent that the same are in direct conflict herewith. Except as provided,
30 nothing herein shall be construed to alter or change the terms or conditions of the present franchise under
31 which the providers of long distance telecommunications services are operating, pursuant to Ordinance
32 15,706 and 15,729.
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SECTION 5. This ordinance shall be in effect on and after January 1, 2000.
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2 PASSED: December 7, 1999
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3 ATTEST: APPROVED:
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8 CITY CLERK ROBBIE HANCOCK MAY JIM DAILEY
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10 APPROVED AS TO FORM:
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14 THOMAS M. CARPENTER
CITY ATTORNEY
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