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HomeMy WebLinkAbout17360MOM M M 1 ORDINANCE NO. 17,360 2 3 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE 4 FEES TO BE PAID BY SOUTHWESTERN BELL 5 TELEPHONE COMPANY FOR THE YEAR 1997; AND 6 PROVIDING FOR THE PAYMENT THEREOF. 7 8 WHEREAS, the Southwestern Bell Telephone Company 9 ( "Telephone Company ") is duly authorized by ordinance to operate 10 a telephone business and system in the City of Little Rock, 11 Arkansas ( "City "); and 12 WHEREAS, the Telephone Company is now and will be occupying 13 the streets, alleys, airways and other public rights -of -way of 14 the City for the purpose of operating and maintaining its 15 telephone 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 (7.32$) 25 of the Company's local exchange access line charges collected 26 within the City's corporate limits for the calendar year 1996, 27 or a minimum of Two Million Dollars ($2,000,000). 28 SECTION 2. Payments to the City by Southwestern Bell 29 Telephone Company for the net additional fee as provided for in 30 Section 1 hereof shall be made monthly by the 30th day of each 31 month except for the December payment which shall be made by the 32 15th of December. 33 34 SECTION 3. Not later than March 31, 1997, Southwestern 35 Bell's access line revenue collected in Little Rock during 1996 36 Will be certified to the City by a responsible official of the •i, 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 ti Company. April and subsequent monthly payments will be adjusted to provide the total amount due the City in 1997, 7.328 of 1996 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 S. 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, 1997. PASSED: December 17, 1996 ATTEST: CITY CLERK ROBBIE HANCOCK APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY APPROVED: MAO JIM DAILEY 900M,