HomeMy WebLinkAbout19001ORDINANCE NO. 19,001
AN ORDINANCE LEVYING ADDITIONAL FRANCHISE FEES
TO BE PAID BY SBC (FORMERLY KNOWN AS
SOUTHWESTERN BELL TELEPHONE COMPANY) FOR THE
YEAR 2004; AND PROVIDING FOR THE PAYMENT THEREOF.
WHEREAS, the SBC (formerly Southwestern Bell Telephone Company) ( "the Telephone
Company ") is duly authorized by ordinance to operate a telephone business and system in the City of
Little Rock, Arkansas ( "City "); and
WHEREAS, the Telephone Company is now and will be occupying the streets, alleys, airways
and other public rights -of -way of the City for the purpose of operating and maintaining its telephone
system; and
WHEREAS, the City is legally authorized to impose, and the Telephone Company is obligated
to pay a just and reasonable franchise fee in connection with its operations in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. There is hereby imposed and SBC shall pay to the City a franchise fee in an
amount equal to seven and thirty -two hundredths percent (7.32 %) of the Company's local exchange
access line charges collected within the City's corporate limits for the calendar year 2003, or a minimum
of Two Million Dollars ($2,000,000).
SECTION 2. Payments to the City by SBC for the net additional fee as provided for in Section
1 hereof shall be made monthly by the 30th day of each month except for the December payment which
shall be made by the 15th of December.
SECTION 3. Not later than March 31, 2004, SEC's auditor will certify SBC's access line
revenues collected in Little Rock during 2003 to the City. April and subsequent monthly payments will
be adjusted to provide the total amount due the City in 2004, 7.32% of 2003 certified revenue.
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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, 2004.
PASSED: December 2, 2003
ATTEST:
NA NC t WOO CITY CLERK
APPROVED AS TO FORM:
1g. e
THOMAS M. CARPENTft
CITY ATTORNEY
APPROVED:
I I I i,