HomeMy WebLinkAbout20070ORDINANCE NO. 20,070
AN ORDINANCE TO FIX AND IMPOSE 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; AMEND
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:
Section 1. Section 3 of Ordinance No. 15,706, as amended, is hereby amended to
include the following:
For the year beginning January 1, 2009, there is hereby levied against, and shall be
collected from, all providers of long distance telecommunications services a fee in the amount
of $0.004 per minute for toll calls charged to a service address within the corporate limits of
the City of Little Rock, Arkansas. The provider of long distance telecommunications services
shall be responsible for assuring that this fee is paid to the City. This fee is levied as a
franchise fee and shall be collected by the provider of long distance telecommunications
services in accordance with Arkansas law.
Section 2. Payments to the City by companies providing long distance
telecommunications services in accordance with the franchise fee imposed herein shall be
made monthly within 30 days of the end of each month commencing January 1, 2009.
Section 3. The City reserves the right to perform any necessary public works or make
any necessary public improvements to the City's rights -of -way or airways (to the extent
airways are related to facilities attached to or between poles) during the term of this
Agreement. If, as a result of any action by the City, or by any action authorized by the City for
the benefit of the public good, relocation of any of the Company's conduit or other facilities is
required, such relocation shall be accomplished at the sole expense of the Company. Nothing
in this Franchise shall be deemed a waiver of the City's right to require the Company to comply
with all applicable zoning and other applicable regulatory ordinances or to pay any reasonable
permit fees or to seek appropriate authorizations from the Company to perform any work in
connection with the Franchise. Should the City close, eliminate, or discontinue use of any
public street during the term of this Franchise, or any renewal term, this Franchise shall cease
with respect to such streets upon the date of final action by the City with respect to the
closure, elimination or discontinuance of such streets.
Section 4. All ordinances and parts of ordinances that conflict herewith are hereby
repealed; provided, however, only to the extent that the same are in direct conflict herewith.
Except as provided, nothing herein shall be construed to alter or change the terms or
conditions of the present franchise under which the providers of long distance
telecommunications services are operating, pursuant to Ordinance 15,706 and 15,729.
Section 5. This ordinance shall be in effect on and after January 1, 2009.
PASSED: December 22, 2008
ATTEST:
a cy Woo ,City Clerk
APPROVED:
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Mark Stodola, Mayor
APPROVED AS TO LEGAL FORM:
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Thomas M. Carpenter, y Attorney