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20973 1 ORDINANCE NO. 20,973 2 3 AN ORDINANCE TO FIX AND IMPOSE THE AGGREGATE AMOUNT 4 OF FEES AND CHARGES TO BE PAID THE CITY OF LITTLE ROCK, 5 ARKANSAS BY ENTERGY CORPORATION AND THE METHOD OF 6 PAYMENT THEREOF; AMENDING SECTION 9 OF ORDINANCE NO. 7 11,683 (DECEMBER 6, 1965); AND FOR OTHER PURPOSES. 8 9 WHEREAS, Entergy Corporation is duly authorized by a franchise agreement to,among other things, 10 construct, operate, maintain and extend an electric system within the City of Little Rock, Arkansas (the 11 "City") and to sell, furnish, transmit and distribute electric power and energy to the City and citizens 12 residing therein; and 13 WHEREAS, Entergy is now providing electric service to the City and its inhabitants and occupying 14 the streets, alleys, airways and other public rights-of-way within the City pursuant to said franchise 15 agreement, and making certain payments to the City in lieu of all other taxes, fees, charges, impositions, 16 and licenses, except general taxes; and 17 WHEREAS, the City is legally authorized to impose and Entergy is obligated to pay a just and 18 reasonable franchise fee in connection with its operations in the City. 19 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 20 OF LITTLE ROCK,ARKANSAS: 21 Section 1: Section 9 of the Franchise Agreement, which is Little Rock, Ark., Ordinance No. 11,683, 22 as amended, is hereby amended to include the following: 23 For the year beginning January 1, 2015, and each year thereafter, Entergy shall pay in 24 monthly installments, the sum of 5.2% of the Company's gross revenue collection as paid 25 to it by industrial, commercial, and residential users located within the corporate limits of 26 the City of Little Rock or the sum of Eight Million, Eight Hundred Thousand Dollars 27 ($8,800,000), whichever is greater. The Company's auditor shall certify such gross 28 revenues. 29 Section 2: Payments to the City by Entergy of the amounts as provided for in Section 1 hereof shall 30 be made monthly on or before the 15th of each month. 31 Section 3: Entergy shall also be subject to the relocation policy set forth in Little Rock, Ark., Rev. 32 Code §§2-350—357 (1988). 33 Section 4: All ordinances and parts of ordinances that conflict herewith are hereby repealed;provided, 34 however,only to the extent that the same are in direct conflict herewith. Except as provided,nothing herein (Page 1 of 21 1 shall be construed to alter or change the terms or conditions of the present franchise under which Entergy 2 is operating, as set forth in Ordinance 11,683, as amended. 3 Section 5. This ordinance shall be in effect on and after January 1, 2015. 4 PASSED: December 16,2014 5 ATTEST: APPROVED: 6 114 8 S sa ang y,City Clerk Mark Stodola,Mayor 9 APP'0 ED AS TO LEGAL FORM: 10 11 /14. 12 Thomas M. Carpenter,Ci4/Attorney 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // (Page 2 of 21