18794•
•
ORDINANCE NO. 18,794
AN ORDINANCE LEVYING ADDITIONAL
FRANCHISE FEES TO BE PAID BY
SOUTHWESTERN BELL TELEPHONE COMPANY
FOR THE YEAR 2003; AND PROVIDING FOR THE
PAYMENT THEREOF.
2003003075
01/10/2003 11:08:49 AN
Filed 8 Recorded in
Official Records of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT /COUNTY CLERK
Fees $11.00
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 2001, 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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SECTION 3. Not later than March 31, 2003, Southweste oilel1CTlelepl%�e
Company's auditor will certify Southwestern Bell's access line rrg`iie mes, Golrec ed i'h
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Little Rock during 2002 to the City. April and subsequent monthly payments will be
adjusted to provide the total amount due the City in 2003, 7.32% of 2002 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, 2003.
PASSED: DECEMBER 17, 2002
ATTEST:
NANCY WOOD, CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED:
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