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ORDINANCE NO. 19,663
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3 AN ORDINANCE TO FIX AND IMPOSE THE AMOUNT OF FEES AND
4 CHARGES TO BE PAID TO THE CITY OF LITTLE ROCK, ARKANSAS BY
5 ALL COMPANIES THAT PROVIDE INTERSTATE OR INTRASTATE LONG
6 DISTANCE TELECOMMUNICATION SERVICE, AND ALL BUSINESS
INCIDENTAL TO OR CONNECTED WITH THE CONDUCTING OF SUCH
8 TELEPHONE BUSINESS IN THE CITY OF LITTLE ROCK, ARKANSAS;
9 AMEND SECTION 3 OF ORDINANCE NO. 15,706; AND FOR OTHER
10 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 upon
16 any other statutory or legal authority; and
17 WHEREAS, the transmission of communications by telephone or telegraph meets the
18 definition of public utility under Arkansas law by virtue of Act 324 of 1935; and
19 WHEREAS, subsequent to the passage of the original franchise agreement, and its
20 subsequent amendments, there have been monumental changes in the telecommunications
21 industry, including the divestiture of the long distance telephone service monopoly once
22 enjoyed by Southwestern Bell Telephone and American Telephone and Telegraph
23 Companies so that numerous companies compete to provide customers with long distance
24 telecommunication services within the City of Little Rock; and
25 WHEREAS, the City is entitled to receive such just and reasonable fees from the
26 providers of long distance telecommunication services for their use of the City streets,
27 alleys, airways, and other public rights -of -way, which the City may lawfully impose and the
28 companies are obligated to pay.
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
30 LITTLE ROCK, ARKANSAS:
31 Section 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to
32 include the following:
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1 For the year beginning January 1, 2007, there is hereby levied against, and shall be
2 collected from, all providers of long distance telecommunications services a fee in the
3 amount of $0.004 per minute for toll calls charged to a service address within the
4 corporate limits of the City of Little Rock, Arkansas. The provider of long distance
5 telecommunications services shall be responsible for assuring that this fee is paid to the
6 City. This fee is levied as a franchise fee and shall be collected by the provider of long
7 distance telecommunications services in accordance with Arkansas law.
a Section 2. Payments to the City by companies providing long distance
9 telecommunications services in accordance with the franchise fee imposed herein shall be
10 made monthly within 30 days of the end of each month commencing January 1, 2007.
11 Section 3. The City reserves the right to perform any necessary public works or
12 make any necessary public improvements to the City's rights -of -way or airways (to the
13 extent airways are related to facilities attached to or between poles) during the term of
14 this Agreement. If, as a result of any action by the City, or by any action authorized by the
15 City for the benefit of the public good, relocation of any of the Company's conduit or other
16 facilities is required, such relocation shall be accomplished at the sole expense of the
17 Company. Nothing in this Franchise shall be deemed a waiver of the City's right to require
18 the Company to comply with all applicable zoning and other applicable regulatory
19 ordinances or to pay any reasonable permit fees or to seek appropriate authorizations
20 from the Company to perform any work in connection with the Franchise. Should the City
21 close, eliminate, or discontinue use of any public street during the term of this Franchise,
22 or any renewal term, this Franchise shall cease with respect to such streets upon the date
23 of final action by the City with respect to the closure, elimination or discontinuance of
24 such streets.
25 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby
26 repealed; provided, however, only to the extent that the same are in direct conflict
27 herewith. Except as provided, nothing herein shall be construed to alter or change the
28 terms or conditions of the present franchise under which the providers of long distance
29 telecommunications services are operating, pursuant to Ordinance 15,706 and 15,729.
30 Section 5. This ordinance shall be in effect on and afterJanuary 1, 2007.
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1 PASSED: December 19, 2006
2
3 ATTEST:
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6 Nanfy Wood, )City Clerk
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APPROVED:
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Jim ley, Ma r
8 APPROVED AS TO LEGAL FORM: 9 1 - - - -- -41L - -- - - ---�
11 Thomas M. Carpenter, Cit torney
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