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ORDINANCE NO. 19,208
3 AN ORDINANCE FIXING AND IMPOSING THE AMOUNT OF FEES
4 AND CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK,
5 ARKANSAS BY ALL COMPANIES THAT PROVIDE INTERSTATE
6 OR INTRASTATE LONG DISTANCE TELECOMMUNICATION
7 SERVICE, AND ALL BUSINESS INCIDENTAL TO OR CONNECTED
8 WITH THE CONDUCTING OF SUCH TELEPHONE BUSINESS IN
9 THE CITY OF LITTLE ROCK, ARKANSAS; AMENDING SECTION 3
10 OF ORDINANCE NO. 15,706; AND FOR OTHER PURPOSES.
11
12 WHEREAS, the City entered into a franchise agreement with Southwestern Bell
13 Telephone on December 17,1962; and
14 WHEREAS, the City has had the authority to require such franchises for public
15 utilities utilizing the City rights -of -way since 1935 by virtue of Act 324 of 1935, and
16 upon any other statutory or legal authority; and
17 WHEREAS, the transmission of communications by telephone or telegraph
18 meets the definition of public utility under Arkansas law by virtue of Act 324 of 1935;
19 and
20 WHEREAS, subsequent to the passage of the original franchise agreement, and
21 its subsequent amendments, there have been monumental changes in the
22 telecommunications industry, including the divestiture of the long distance telephone
23 service monopoly once enjoyed by Southwestern Bell Telephone and American
24 Telephone and Telegraph Companies so that numerous companies compete to provide
25 customers with long distance telecommunication services within the City of Little Rock;
26 and
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1 WHEREAS, the City is entitled to receive such just and reasonable fees from the
2 providers of long distance telecommunication services for their use of the City streets,
3 alleys, airways, and other public rights -of -way, which the City may lawfully impose
4 and the companies are obligated to pay.
5 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
6 OF THE CITY OF LITTLE ROCK, ARKANSAS:
7 SECTION 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended
8 to include the following:
9 For the year beginning January 1, 2005, there is hereby levied against, and shall
10 be collected from, all providers of long distance telecommunications services a fee in the
11 amount of $0.004 per minute for toll calls charged to a service address within the
12 corporate limits of the City of Little Rock, Arkansas. The provider of long distance
13 telecommunications services shall be responsible for assuring that this fee is paid to the
14 City. This fee is levied as a franchise fee and shall be collected by the provider of long
15 distance telecommunications services in accordance with Arkansas law.
16 SECTION 2. Payments to the City by companies providing long distance
17 telecommunications services in accordance with the franchise fee imposed herein shall
18 be made monthly within 30 days of the end of each month commencing January 1, 2005.
19 SECTION 3. The City reserves the right to perform any necessary public works
20 or make any necessary public improvements to the City's rights -of -ways or airways (to
21 the extent airways are related to facilities attached to or between poles) during the term
22 of this Agreement. If, as a result of any action by the City, or by any action authorized
23 by the City for the benefit of the public good, relocation of any of the Company's
24 conduit or other facilities is required, such relocation shall be accomplished at the sole
25 expense of the Company. Nothing in this Franchise shall be deemed a waiver of the
26 City's right to require the Company to comply with all applicable zoning and other
27 applicable regulatory ordinances or to pay any reasonable permit fees or to seek
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1 appropriate authorizations from the Company to perform any work in connection with
2 the Franchise. Should the City close, eliminate, or discontinue use of any public street
3 during the term of this Franchise, or any renewal term, this Franchise shall cease with
4 respect to such streets upon the date of final action by the City with respect to the
5 closure, elimination or discontinuance of such streets.
6 SECTION 4. All ordinances and parts of ordinances that conflict herewith are
7 hereby repealed; provided, however, only to the extent that the same are in direct
8 conflict herewith. Except as provided, nothing herein shall be construed to alter or
9 change the terms or conditions of the present franchise under which the providers of
10 long distance telecommunications services are operating, pursuant to Ordinance 15,706
11 and 15,729.
12 SECTION 5. This ordinance shall be in effect on and after January 1, 2005.
13
14 PASSED:
15
16 ATTEST:
17
October 5, 2004
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19 Nancy Wood, City Clerk
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21 APPROVED AS TO LEGAL FORM:
22
23
24 Thomas M. Carpenter, C y Attorney
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APPROVED:
Jim bailey, Mayor
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