ORD NO 32-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 38 -1979 TO
CHANGE THE ANNUAL PAYMENT RECEIVED FROM
TELEPHONE COMPANIES FOR THE USE OF PUBLIC RIGHT
OF -WAYS; DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, on or about November 19, 1979, the City of Van Buren, Arkansas adopted Ordinance No.
38 -1979 granting to Southwestern Bell Telephone Company the right to use the public
rights of ways to operate its Telephone System and all business incidental to or connected
with the conducting of a Telephone business in exchange for an annual payment from the
Company to the City; and
WHEREAS, Arkansas Code 14- 200 -101 authorizes municipalities to require
telecommunications service providers to pay a franchise fee to
operate within the local government boundaries; and
WHEREAS, the City and Company have agreed to amend Ordinance No. 38 -1979 to change the
annual payment made to the City.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Section 2 of Ordinance No. 38 -1979 is hereby amended and restated in its entirety and
shall hereafter be read as follows:
The Telephone Company shall pay to City a fee equal to 4.25% of the revenues received
by the Telephone Company for basic local exchange service provided in the City for the
quarter on or before the 30 day after the end of each quarter (March 31, Jnne 30,
September 30, and December 31).
SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren,
Arkansas, and necessary in providing for the immediate preservation of the public peace,
health, and safety, an emergency is declared to exist and this Ordinance shall take effect
on January 1, 2012 and be in force after its passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and 0 against, the fore_.' •rdinance at its regular meeting
held on the 21 day of November, 2011.
aa
Ro.ert D. Fre
Mayor
ATTESTED: A'P OVED/A 0 ORM:
Ba•ie Curtiss_? w� CIOc(V Candice A. Settle
City Clerk/Treasurer City Attorney