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1 ORDINANCE NO. 14,981
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AN ORDINANCE LEVYING ADDITIONAL PRIVILEGE FEES
TO BE PAID BY SOUTHWESTERN BELL TELEPHONE COMPANY
FOR THE YEAR 1986; PROVIDING FOR THE PAYMENT
THEREOF.
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WHEREAS, the Southwestern Bell Telephone Company
(hereinafter sometimes referred to as "Telephone Company ") is
duly authorized by ordinance to operate its telephone system and
all business incidental to or connected with the conduct of a
telephone business and system in the City of Little Rock, all
beneficial to the inhabitants thereof residing in said
municipality; and
WHEREAS, the Telephone Company is now and will be
occupying the streets and alleys of this City for the purpose of
operating and maintaining its telephone system to the
municipality and the inhabitants and customers residing in said
municipality; and
WHEREAS, the City is entitled to receive just and
reasonable fees from the Telephone Company which the City may
lawfully impose and the Telephone Company is entitled to pay.
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 privilege fee in an
amount equal to seven and thirty -two hundredths percent (7.32 %)
of the Company's access line billing revenues for the calendar
year 1985 or a minimum of One Million Seven Hundred Seventy -Five
Thousand Dollars ($1,775,000.00).
SECTION 2. Payments to the City by Southwestern Bell
Telephone Company for the net additional fee as provided for in
Section 1 hereof shall be made monthly by the 30th day of each
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1 month except for the payment the month of December which shall be
2 made by the 15th day of December.
3 SECTION 3. Not later than March 31, 1986, Southwestern
4 Bell's access line revenue collected in Little Rock during 1985
5 will be certified to the City by a responsible official of the
6 Company. April and subsequent monthly payments will be adjusted
7 to provide the total amount due the City in 1986 (7.32$) of 1985
8 certified revenue.
9 SECTION 4. The City recognizes and accepts the purposes
10 and results of an Order of the Arkansas Public Service Commission
11 entered on February 7, 1980, in Docket U -3013 relating to the
12 treatment by the Telephone Company of all City special fees. In
13 so recognizing, the City expects that the said net additional
14 fees, together with costs of collection thereof, provided for by
15 Section 1 hereof, may be passed on to the customers of the
16 Telephone Company in keeping with the provision of the said Order
17 of the Arkansas Public Service Commission.
18 SECTION 5. ordinance No. 11,345 which sets out the terms
19 and conditions of the present privilege authority under which the
20 Telephone Company is operating is hereby amended to add Section
21 10 which reads as follows:
22 Section 10. Utility Relocation Policy.
23 10.1 In the interest of the public health, safety and
24 welfare and consistent with the City's ordinances and
25 master plans, the City of Little Rock may make or cause
26 to be made improvements, repairs, or replacements of the
27 public facilities located on public rights -of -way.
28 Such construction activity commonly requires adjustment
29 or relocation of installations of public utilities.
30 The City deems the right of public utilities to use
31 public rights -of -way to be permissive and subordinate
32 to the reasonable exercise of the City's police
33 power. Thus, the cost of relocating a public utility
34 installation should not be borne by the City.
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For purposes of this policy, the term "public 3 37
utility" shall mean any organization performing a
public service by authority of the City of Little Rock,
whether under a franchise or by a commission.
10.2 The policy of the City of Little Rock is to
require a public utility to promptly adjust its
facilities in, upon, under or above any right -of -way
administered by the City of Little Rock and by
officials, boards, commissions, and departments of the
City of Little Rock, to accommodate construction,
improvements, alterations or maintenance of public
facilities when directed to do so by the Director of
Public Works or other officials authorized by the City
Manager. Utilities shall make adjustments at their
own expense, except as otherwise provided hereinafter,
in connection with any public works project approved
and /or performed by the City regardless of the source
of funds for the project.
10.3 As a matter of policy the City will seek to
minimize current and future installation adjustment
costs for utilities by such measures as regular and
systematic consultation in public works planning, advance
engineering to the extent feasible, and careful
consideration of public utility needs and installations
in both planning and design.
10.4 The City will also reimburse a public utility for
the direct costs of required adjustments when the
utility can demonstrate that the utility acquired the
right -of -way or otherwise occupied it prior to the
dedication of the right -of -way either to the City of
Little Rock or to any other unit of local government.
Adjustment costs shall be reimbursed, when appropriate,
under an agreement between the City and the utility
for the particular project. Such agreement shall
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describe the scope of the utility's adjustment work 33 8
and allocate costs. The cost allocation shall not
require the City to reimburse for betterments which
are only occasioned by the adjustments required.
SECTION 6. Nothing herein contained shall be construed
as altering or amending any other rights or obligations of the
City or the Telephone Company as provided for in Ordinance No.
11,345 except that portion of Section 2 of Ordinance No. 11,345
pertaining to the method of calculating the Telephone Company's
annual privilege fee.
SECTION 7. This Ordinance shall be in effect January 1,
1986.
PASSED: November 5, 1985
ATTEST:
CITY LERK JANE CWCH
APPR As TO ORM:
MARK STODOLA, CITY ATTORNEY
APPROVED:
MAYOR THOMAS A. PRINCE
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