035 of 1995 - Amending grant of a Franchise to Mountain States Telephone and Telegraph Company0 95-1
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SALT LAKE CITY ORDINANCE
No. 35 of 1995
(Amending grant of a Franchise to
Mountain States Telephone and Telegraph Company)
AN ORDINANCE AMENDING SECTION 6 OF BILL NO. 78 OF 1951, AS
PREVIOUSLY AMENDED BY ORDINANCE NO. 3 OF 1982, RELATING TO THE
GRANT OF A FRANCHISE TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY AND PROVIDING FOR A CHANGE IN DEFINITION OF THE TERM
"GROSS REVENUE".
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 6 of Bill No. 78 of 1951, as previously
amended by Ordinance No. 3 of 1982, is amended to read as
follows:
SECTION 6. (1). As a further consideration for this
grant, the Company agrees to pay into the treasury of the City a
sum equal to two percent (20) of the gross revenue per annum
derived by said Company from all telephone service revenue
received from subscribers located within the City of Salt Lake.
(2). "Telephone services," as used herein, means: (a)
exchange access service; (b) extended area service; (c) customer
access line charges; and (d) any service for which a tax or other
charge was being paid pursuant to this section as of January 1,
1992. Telephone service does not include any customer access
line charge or extended area service that is provided as part of
the Utah Low Income Assistance Program as set forth in the
"Lifeline" Rule of the Utah Public Service Commission.
(3). "Exchange access service" means telephone exchange
lines or channels, and services provided in connection them,
which are necessary to provide access from the premises of a
subscriber to the local switched public telecommunications
network of the public utility to effect communication or the
transfer of information. Exchange access services does not
include: (a) private line service; (b) long distance toll
service; (c) carrier access service; (d) telephone services that
are not regulated by the Utah Public Service Commission; and (e)
services that emulate functions available in customer premises
equipment.
(4). "Gross revenue," as used herein, means the revenue
derived from telephone service.
Within forty-five days after the end of each month in a
calendar year, the public utility taxed hereunder shall file with
the City Treasurer of Salt Lake City a report of its gross
revenue derived from the sale and use of telephone service in
Salt Lake City as defined herein, together with a computation of
the tax levied hereunder against the said utility. Coincidental
with the filing of such report, the utility shall pay to the City
Treasurer the amount of the tax due for that calendar month
subject to said report. The Treasurer of said City shall
determine the accuracy of the tax computation, and if he finds
any errors, said Treasurer shall report the same to the Company
for correction. If the tax as paid is found to be deficient, the
Company shall promptly remit the difference, and if the tax as
paid is found excessive, the City shall promptly refund the
difference. The records of the Company pertaining to such report
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shall be open for inspection by the City or its duly authorized
representative at all reasonable hours upon the giving of
reasonable notice of its intention to inspect such records for
the purpose of verifying subject report.
SECTION 2. This Ordinance shall take effect immediately
upon publication.
Passed by the City Council of Salt Lake City, Utah, this
8 day of June , 1995.
ATTEST:
IEF DEPUTY CI "ECIRD R
Transmitted to the Mayor
Mayor's action:
No.
Approved Vetoed.
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ATTEST:
TY'R' i'D R
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,'4(� ,1 gv.�35 OF 1995.
,,PU�' June 20, 1995
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