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HomeMy WebLinkAbout163281 ORDNANCE NO. 16,328 • 689 2 3 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES 4 TO BE PAID BY SOUTHWESTERN BELL TELEPHONE 5 COMPANY FOR THE YEAR 1993; AND PROVIDING FOR 6 THE PAYMENT THEREOF. 7 8 WHEREAS, the Southwestern Bell Telephone Company ( "Telephone 9 Company ") is duly authorized by ordinance to operate a telephone 10 business and system in the City of Little Rock, Arkansas ( "City "); 11 and 12 WHEREAS, the Telephone Company is now and will be occupying 13 the streets, alleys, airways and other public rights -of -way of the 14 City for the purpose of operating and maintaining its telephone 15 system; and 16 WHEREAS, the City is legally authorized to impose and the 17 Telephone Company is obligated to pay a just and reasonable 18 franchise fee in connection with its operations in the City. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 21 THE CITY OF LITTLE ROCK, ARKANSAS: 22 SECTION 1. There is hereby imposed and Southwestern Bell 23 Telephone Company shall pay to the City a franchise fee in an 24 amount equal to seven and thirty -two hundredths percent (7.328) of 25 the Company's local exchange access line charges collected within 26 the City's corporate limits for the calendar year 1992, or a 27 minimum of One Million Nine Hundred Fifty Thousand Dollars 28 ($1,950,000). 29 SECTION 2. Payments to the City by Southwestern Bell 30 Telephone Company for the net additional fee as provided for in 31 Section 1 hereof shall be made monthly by the 30th day of each 32 month except for the December payment which shall be made by the 33 15th of December. 34 35 SECTION 3. Not later than March 31, 1993, Southwestern 36 Bell's access line revenue collected in Little Rock during 1992 will be certified to the City by a responsible official of the Q -(Q1 B -1-S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 690 Company. April and subsequent monthly payments will be adjusted to provide the total amount due the City in 1993, (7,328) of 1992 certified revenue. SECTION 4. The City recognizes and accepts the purposes and results of an Order of the Arkansas Public Service Commission entered on February 7, 1980, in Docket U -30132 relating to the treatment by the Telephone Company of all city special fees. SECTION 5. It is acknowledged. that Ordinance No. 11,345 amended by Ordinance No. 14,981 which set out the terms and conditions of the present privilege authority under which the Telephone Company is operating is the controlling document over this franchise. SECTION 6. Nothing herein contained shall be construed as altering or amending any other rights or obligations of the City or the Telephone Company and provided for in Ordinance No. 11,345 except the portion of Section 2 of Ordinance No. 11,345 pertaining to the method of calculating the Telephone Company's annual franchise fee. SECTION 7. This Ordinance shall be in effect on and after January 1, 1993. PASSED: December 21, 1992 ATTEST: J,Lj O LLa'a aa, CITY CLERK ROBBIE HANCOCK APPROVED AS TO FORM: THOMAS M. CARPENTERQ CITY ATTORNEY APPROVED: