19853ORDINANCE NO. 19,853
AN ORDINANCE TO FIX AND IMPOSE THE AMOUNT OF FEES
AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK,
ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE
OR INTRASTATE LONG DISTANCE TELECOMMUNICATION
SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED
WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN
THE CITY OF LITTLE ROCK, ARKANSAS; AMEND SECTION 3 OF
ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES.
WHEREAS, the City entered into a franchise agreement with Southwestern
Bell Telephone on December 17, 1962; and
WHEREAS, the City has had the authority to require such franchises for
public utilities utilizing the City rights -of -way since 1935 by virtue of Act 324 of
1935, and upon any other statutory or legal authority; and
WHEREAS, the transmission of communications by telephone or telegraph
meets the definition of public utility under Arkansas law by virtue of Act 324 of
1935; and
WHEREAS, subsequent to the passage of the original franchise agreement,
and its subsequent amendments, there have been monumental changes in the
telecommunications industry, including the divestiture of the long distance
telephone service monopoly once enjoyed by Southwestern Bell Telephone and
American Telephone and Telegraph Companies so that numerous companies
compete to provide customers with long distance telecommunication services
within the City of Little Rock; and
WHEREAS, the City is entitled to receive such just and reasonable fees
from the providers of long distance telecommunication services for their use of
the City streets, alleys, airways, and other public rights -of -way, which the City
may lawfully impose and the companies are obligated to pay.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
Section 1. Section 3 of Ordinance No. 15,706, as amended, is hereby
amended to include the following:
For the year beginning January 1, 2008, 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, 2008.
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 -way
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; 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 5. This ordinance shall be in effect on and after January 1, 2008.
PASSED: November 6, 2007
ATTEST:
Nan Y Woo , City Clerk
APPROVED:
i I,
Mark Stodola, Mayor
APPROVED AS TO LEGAL FORM:
JY- - - - -- -c-
Thomas M. Carpenter, City Att rney