HomeMy WebLinkAbout1996-11-01 • ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 96-10-1 ENACTED
BY THE CITY COUNCIL OF THE CITY OF BATESVILLE ON OCTOBER 30, 1996 TO
INCLUDE LANGUAGE REQUESTED BY SOUTHWESTERN BELL TELEPHONE
COMPANY; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES
WHEREAS, the City Council of the City of Batesville Enacted Ordinance No. 96-
10-1 on October 30, 1996 for the purpose of standardizing franchise fee rates among
the utilities at 4.25% of revenues; and
WHEREAS, Ordinance No. 96-101-1 adjusted the franchise fee for
Southwestern Bell Telephone Company to 4.25% of certain revenues and provided for
the acceptance of the Ordinance, in writing, by the Telephone Company, and
WHEREAS, the Telephone Company has expressed its agreement with the
Ordinance with the exception of Section 2 which it has requested be amended to
included certain language which will make the ordinance uniform and consistent with
• other ordinances in cities and towns throughout Arkansas, and
WHEREAS, the substitution of the requested language would be in harmony
with Court decisions involving the Telephone Company and would not materially alter
the ordinances as previously adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BATESVILLE, ARKANSAS that Section 2 of Ordinance No. 96-10-1 adopted on
October 30, 1996 is amended by deleting the previous Section 2 and substituting the
following language:
SECTION 2: The Telephone Company shall pay to the City for the period
January 1, 1997 through December 31, 1997, inclusive, and each year thereafter for
like periods an amount equal to 4.25% of local exchange access line charges collected
in the corporate limits of the City of Batesville for the previous calendar year. Said sum
will be paid in equal quarterly installments on or before the last day of March, June,
September and December of each year.
All other parts of Ordinance No. 96-10-1 shall remain in full force and effect, and
the Amendment contained herein will elate back to the original Ordinance and be
incorporated therein by reference as if set out fully in the Ordinance.
EMERGENCY CLAUSE.
WHEREAS there is a great need for revenues in the City of Batesville, Arkansas
to carry on necessary public services; and
WHEREAS the franchise fee issue must be resolved immediately for the City to
properly evaluate its budget for 1997; and
WHEREAS this Amendment is necessary to bring the Ordinances in line with
Court decisions and other franchise agreements and further being necessary for the
citizens of the City of Batesville, an emergency is declared to exist and this Ordinance
shall be effective from and after its passage.
ADOPTED this 26th day of November, 1996.
ONO BLE JOE BIARD, MAYOR
ATTEST:
• DENISE M. JOHNSTON, CITY CLERK
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• ACCEPTANCE
WHEREAS, the City Council of the City of Batesville of
Independence County, Arkansas, did on the 26th day of November
A.D. 1996, enact an ordinance entitled:
Ordinance No. 96-11-1
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 96-10-1
ENACTED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE ON
OCTOBER 30, 1996 TO INCLUDE LANGUAGE REQUESTED BY SOUTHWESTERN
BELL TELEPHONE COMPANY; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES
WHEREAS, said ordinance was on the 26th day of November
A.D. 1996 duly approved and signed by the Mayor of said City
and the seal of said City thereto affixed and attested by the
City Clerk:
NOW, THEREFORE, in compliance with the terms of said
ordinance so enacted approved, and attested, the Southwestern
Bell Telephone Company hereby accepts said ordinance and files
this its written acceptance with the City Clerk of said City
in his/her said office.
Dated this day o «r.�PT 199 .
SOUTHWESTERN BELL TELEPHONE COMPANY
Approved:
'
By
General Attorney Vice President,
General Counsel-Operations
& Secretary
Acceptance filed in the office oche City Clerk of
Batesville. This day of f�tr , 199 .
City Clerk
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