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• ORDINANCE NO. 16 , 55 8 i 733
AN ORDINANCE FIXING AND IMPOSING 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; AMENDING 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:
47 0
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W= t M M W M M
1 SECTION 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to include
2 the following:
3
4 For the year beginning January 1, 1994, there is hereby levied against, and shall be
5 collected from, all providers of long distance telecommunications services a fee in the
6 amount of $0.004 per minute for toll calls charged to a service address within the
7 corporate limits of the City of Little Rock, Arkansas. The provider of long distance
8 telecommunications services shall be responsible for assuring that this fee is paid to
9 the City. This fee is levied as a franchise fee and shall be collected by the provider
10 of long distance telecommunications services in accordance with Arkansas law.
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12 SECTION 2. Payments to the City by companies providing long distance telecommunications
13 services in accordance with the franchise fee imposed herein shall be made monthly within 30 days
14 of the end of each month commencing January 1, 1994.
15 SECTION 3. All ordinances and parts of ordinances that conflict herewith are hereby
16 repealed; provided, however, only to the extent that the same are in direct conflict herewith. Except
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as provided, nothing herein shall be construed to alter or change the terms or conditions of the
18
present franchise under which the providers of long distance telecommunications services are
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20 operating, pursuant to Ordinance 15,706 and 15,729.
21 SECTION 4. This ordinance shall be in effect on and after January 1, 1994.
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PASSED: December 21, 1993
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24 ATTEST: APPROVED:
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APPROVED AS TO FORM:
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33 �% e
34 S M. CARFENTEF,/ O�
35 CITY ATTORNEY
36
784