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AN ORDINANCE TO PROVIDE NOTICE TO SOUTHWESTERN BELL TELEPHONE COMPANY AND ITS SUCCESSOR SBC OF THE CITY OF JONESBORO’S INTENTION TO TERMINATE ITS EXISTING FRANCHISE CONTRACT AND THE CITY’S INTENTION TO RENEGOTIATE ITS UTILITY FRANCHISE CONTRACT TO GO INTO EFFECT JANUARY 1, 2006.
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WHEREAS, the City of Jonesboro adopted Ordinance No. 1743 and entered into a utility franchise contract with Southwestern Bell Telephone Company on December 15, 1980, for a lump sum payment to the city of $130,000.00 per year; and
WHEREAS, Section 9 of Ordinance No. 1743 states that the existing contract “shall continue in effect and be in force until terminated by the City or the Telephone Company as of the end of any year after giving one (1) year’s written notice of intention to terminate; and
WHEREAS, the Arkansas General Assembly enacted A.C.A. §14-200-101, et al, which provides that “…no franchise fees shall exceed the higher of the amount in effect as to that entity on January 1, 1997, or 4 ¼ %, unless agreed to by the affected utility or approved by voters of the municipality;” and
WHEREAS, the City Council desires to change the method of payment of its utility franchise fee from an annual lump sum amount to an as yet undetermined percentage amount pursuant to A.C.A. §14-200-101 et al.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: That the City of Jonesboro intends to terminate its existing franchise contract with Southwestern Bell Telephone Company and its successor SBC pursuant to a contract dated December 15, 1980, and to repeal Ordinance No. 1743 adopted that same date to approve the contract, both to be effective January 1, 2006.
SECTION 2: That the City of Jonesboro intends to renegotiate its utility franchise contract with SBC pursuant to A.C.A. §14-200-101, et al, and also to be effective January 1, 2006.
SECTION 3: All ordinances or part of ordinances in conflict herewith are r...
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