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HomeMy WebLinkAbout183901 ORDINANCE NO. 18, 39 46 2 AN ORDINANCE LEVYING ADDITIONAL FRANCHISE 3 4 FEES TO BE PAID BY SOUTHWESTERN BELL 5 TELEPHONE COMPANY FOR THE YEAR 2001; AND 6 PROVIDING FOR THE PAYMENT THEREOF. 7 8 WHEREAS, the Southwestern Bell Telephone Company ( "Telephone Company ") is duly 9 10 authorized by ordinance to operate 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 the streets, alleys, 13 airways and other public rights -of- -way of the City for the purpose of operating and maintaining 14 15 its telephone system; and 16 WHEREAS, the City is legally authorized to impose and the Telephone Company is 17 obligated to pay a just and reasonable franchise fee in connection with its operations in the City. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 20 THE CITY OF LITTLE ROCK, ARKANSAS: 21 22 SECTION 1. There is hereby imposed and Southwestern Bell Telephone Company 23 shall pay to the City a franchise fee in an amount equal to seven and thirty-two hundredths 24 percent (7.32 %) of the Company's local exchange access line charges collected within the City's 25 corporate limits for the calendar year 2000, or a minimum of Two Million Dollars ($2,000,000). 26 27 SECTION 2. Payments to the City by Southwestern Bell Telephone Company for the 28 net additional fee as provided for in Section I hereof shall be made monthly by the 30th day of 29 each month except for the December payment which shall be made by the 15th of December. 30 31 SECTION 3. Not later than March 31, 2001, Southwestern Bell's access line revenues 32 collected in Little Rock during 2000 will be certified to the City by Southwestern Bell Telephone 33 Company's auditor. April and subsequent monthly payments will be adjusted to provide the total 34 amount due the City in 2001, 7.32% of 2000 certified revenue. 35 36 SECTION 4. The City recognizes and accepts the purposes and results of an Order of 1 the Arkansas Public Service Commission entered on February 7, 1980, in Docket U -30132 2 3 relating to the treatment by the Telephone Company of all city special fees. 4 SECTION 5. It is acknowledged that Ordinance No. 11,345 amended by Ordinance No. 5 14,981 which set out the terms and conditions of the present privilege authority under which the 6 Telephone Company is operating is the controlling document over this franchise. 7 8 SECTION 6. Nothing herein contained shall be construed as altering or amending any 9 other rights or obligations of the City or the Telephone Company and provided for in Ordinance 10 No. 11,345 except the portion of Section 2 of Ordinance No. 11,345 pertaining to the method 11 12 of calculating the Telephone Company's annual franchise fee. 13 SECTION 7. This Ordinance shall be in effect on and after January 1, 2001, 14 15 16 PASSED: November 21, 2000 17 18 ATTEST: APPROVED: 19 20 21 CITi CLE C NANCY WOOD YOR JIM DAILEY 22 23 24 APPROVED AS TO FORM: 25 27 THOMAS M. CARPENTER 28 CITY ATTORNEY 29 30 31 32 33 34 35 36