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20974 1 ORDINANCE NO. 20,974 2 3 AN ORDINANCE TO AMEND IN PART ORDINANCE NO. 11,366 4 (MARCH 4, 1963) TO PROVIDE FOR LEVYING A FRANCHISE FEE TO 5 BE PAID BY CENTERPOINT ENERGY ARKLA; TO PROVIDE FOR THE 6 PAYMENT THEREOF; AND FOR OTHER PURPOSES. 7 8 WHEREAS, CenterPoint Energy ARKLA("the Gas Company") is authorized by franchise ordinance 9 to operate a gas distribution system and appurtenances thereto, used in or incident to the rendition of gas 10 service to the City of Little Rock, Arkansas("the City")and the inhabitants residing therein; and 11 WHEREAS, the Gas Company is now and will be occupying the streets, alleys and rights-of-way of 12 the City for the purpose of operating, maintaining, and extending its gas services to the City and supplying 13 the City and consumers therein gas service; and 14 WHEREAS, the City is legally authorized to impose, and the Gas Company is obligated to pay a just 15 and reasonable franchise fee in connection with the operations in the City. 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 17 OF LITTLE ROCK,ARKANSAS: 18 Section 1. Section 1 of Ordinance No. 11,366,as amended, is amended to read as follows: 19 CenterPoint Energy ARKLA (the Gas Company) shall on a monthly basis pay a franchise 20 fee in an amount equal to 5.2% of the Gas Company's gross revenues as paid to it during 21 the calendar year 2015 and each year thereafter by all of its customers, including but not 22 limited to industrial, residential and commercial customers located within the corporate 23 limits of the City of Little Rock or the sum of Two Million,One Hundred Thousand Dollars 24 ($2,100,000)per year, whichever is greater. The auditor of the Gas Company shall certify 25 said gross revenues. 26 Section 2. Payments to the City by CenterPoint Energy ARKLA of the amounts as provided for in 27 Section 1 hereof shall be made monthly on or before the 15'h day of each month. 28 Section 3: CenterPoint Energy ARKLA shall also be subject to the relocation policy set forth in Little 29 Rock,Ark., Rev. Code §§2-350—357(1988). 30 Section 4. All ordinances and parts of ordinances that conflict herewith are hereby repealed;provided, 31 however,only to the extent that the same are in direct conflict herewith. Except as provided,nothing herein 32 shall be construed to alter or change the terms or conditions of the present franchise under which the Gas 33 Company is operating. 'Page 1 of 21 1 Section 5. This ordinance shall be in effect on and after January 1, 2015. 2 PASSED: December 16,2014 3 ATT i4ft APPROVED: 4 1 Oi(Z � � 6 u n a faey,City Clerk Mark Stodola,Mayor 7 AP' ' 1 V' i AS TO LEGAL FORM: 8 9 64,41j6\._ 10 Thomas M. Carpenter,Cit(Attorney 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 2 4 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 'Page 2 of 21